Obtaining a Tourist Visa After Completing J1 Program

Hello everyone,

My fiancée just completed her J1 program here in the United States and returned back to her home country, the Dominican Republic.

She is subject to the 2 year home residency requirement rule. We got engaged months before she returned to her home country and she is in the process of applying for a tourist visa.

We plan to get married soon, but my question is what type of visa should she apply for and should she even mention our engagement in the application process?

I have recieved advice to file for a I-130 and that would solve everything including her 2 year HRR (which I doubt).

We really want to avoid doing anything that could hurt us in the future. Any advice or suggestions would be highly appreciated.

Thank you,

The HRR is not negated by the filing of an I-130. She must serve it or obtain a waiver.

Since she has immigrant intent, she is not qualified for a B-2 visa.

You really need to take a consultation with an immigration attorney to go over her options since the USCIS information is quite specific and the questions you asked are quite basic. Rather than unnecessarily complicate the process by doing something wrong, find out the paths that are open to her.

Thanks for your reply.

She has no problem completing her 2 year requirement but my question is if she wants to visit me during that 2 year period. What would be the best visa to apply for and should she even mention that she wants to visit me in her application form?

You can't file a I-130 for a fiancee. That has to be an actual relative.
You can file a I-129F. She must enter on a K-1 visa now.

Please don't create multiple threads on this.

See if her gov't will file a no objection waiver. Once approved by the US Gov't, apply for a K-3 fiance visa and marry the girl. ASAP after marriage apply for i-130 and i-485.

Quote:

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Five Bases for Recommendation of a Waiver

1. No Objection Statement:

Your home country government may issue a No Objection Statement through its embassy in Washington, DC directly to the Waiver Review Division that it has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States. The No Objection Statement may also be issued by a designated ministry in your home country’s government and sent to the U.S. Chief of Mission, Consular Section at the U.S. Embassy within that country. The U.S. Embassy would then forward it directly to the Waiver Review Division.

Important Notice: U.S. law does not permit foreign medical physicians who acquired exchange visitor (J-1) visa status on or after January 10, 1977, for the purpose of receiving graduate medical education or training to use this option. For more information about the relevant U.S. law, see References – U.S. Laws, number 1.

2. Request by an Interested U.S. Federal Government Agency:

If you are working on a project for or of interest to a U.S. federal government agency, and that agency has determined that your departure for two years to fulfill the two-year home-country physical presence requirement would be detrimental to its interest, that agency may request an Interested Government Agency Waiver on your behalf. The Interested Government Agency request must be signed by the head of the agency or his or her designee and submitted directly to the Waiver Review Division.

Any U.S. federal government agency may request a waiver under this basis. Review Designated Officials for Signatures for a listing of interested government agencies and names of their designated officials. (NOTE: This list does not contain information for all U.S. federal agencies. It only contains information from agencies that have provided the Department of State, Waiver Review Division with the names of individuals authorized to sign letters requesting waivers under this basis.)

Important Notice: For Interested Government Agency requests on behalf of foreign physicians who agree to serve in health professional shortage areas or medically underserved areas, please refer to Step 3 of the How to Apply Instructions. For more information about the relevant law, see References – U.S. Laws, number 3.

3. Persecution:

If you believe that you will be persecuted based on your race, religion, or political opinion if you return to your home country, you may apply for a persecution waiver. This waiver basis requires that you submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.

4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor:

If you can demonstrate that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child, you may apply for an exceptional hardship waiver. Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship. This waiver basis requires that you submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship.

5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program):

If you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education, you may request a waiver of the two-year home-country physical presence requirement based on the request of a designated State Public Health Department or its equivalent, if you meet all of the following criteria. This waiver category is also known as the Conrad State 30 Program. You must:

have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area;
agree to begin employment at that facility within 90 days of receiving a waiver; and
sign a contract to continue working at that health care facility for a total of 40 hours per week and for not less than three years.

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http://travel.state.gov/content/visa...igibility.html