Please could I have some guidance, very confused!
Nov 6th 2008, 9:17 pm
#1
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Joined: Nov 2008
Posts: 29
Please could I have some guidance, very confused!
Hello,
I am a student, in my first year studying Law, in the UK (I am a British Citizen). I have been in a relationship for 18 months with an American Citizen who lives in the USA.
We have thought about numerous ways in which we can be together, a permanent strategy is one which we will consider after my course is finished.
However over the next three years we want to be able to spend time with each other during my vacation periods. I understand, using the VWP, I can enter the USA for 90 days, and have done this before.
However during the summer vacations only, I would like to work. The only option availible to me seems to be the J1 Visa. Now I would have a job etc in the USA if I chose this. I have noticed though there is a 2 year thing which I do not fully understand
My Questions then are:
1) Can I apply for a J1 Visa every year? As im not sure because of 2 year thing.
2) Will it mean I have trouble in the future if I was to try and get a K1 visa? If 2 years have not passed.
Thank you so much for your time.
I am a student, in my first year studying Law, in the UK (I am a British Citizen). I have been in a relationship for 18 months with an American Citizen who lives in the USA.
We have thought about numerous ways in which we can be together, a permanent strategy is one which we will consider after my course is finished.
However over the next three years we want to be able to spend time with each other during my vacation periods. I understand, using the VWP, I can enter the USA for 90 days, and have done this before.
However during the summer vacations only, I would like to work. The only option availible to me seems to be the J1 Visa. Now I would have a job etc in the USA if I chose this. I have noticed though there is a 2 year thing which I do not fully understand
My Questions then are:
1) Can I apply for a J1 Visa every year? As im not sure because of 2 year thing.
2) Will it mean I have trouble in the future if I was to try and get a K1 visa? If 2 years have not passed.
Thank you so much for your time.
Nov 7th 2008, 12:11 am
#2
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Please could I have some guidance, very confused!
Most J visas are D/S - or Duration of Status. That means that as long as you are working for your J-1 sponsor or in school full-time, you can live and work in the US for however long you remain employed or in school.
Depending on who (school, government) pays for the visa, your J visa may or may not be subject to a 2-year home residency requirement. Many are subject to the 2-year HRR... some are not. If you have the 2-year HRR, then once you leave your employer or finish school, you *must* return to your home country for a minimum of 2 years before you become eligible for *any* other US visa. Marriage to a US citizen does *not* negate this requirement. You *must* leave the US *if* you have the 2-year HRR. There is a waiver for this requirement, but they are *very* difficult to get... and are usually only given under extraordinary circumstances. Getting married to a US citizen is *not* an extraordinary circumstance.
If you have the 2-year HRR, you can *NOT* get a K1 visa until you fulfill that requirement or unless you manage to get the waiver.
Ian
As im not sure because of 2 year thing.
2) Will it mean I have trouble in the future if I was to try and get a K1 visa? If 2 years have not passed.
Ian
