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  1. #1

    Default Tourist Visa After J-1 and Before K-1

    Good afternoon!!!

    My situation is quite complicated I arrived in the United States on January, 10th 2011 with a J-1 visa. My visa expires on February, 9th 2012. I live with my boyfriend for about 6 months now. He is Cuban-American. We would like to get married after I return to France on February, and live together in the USA.

    We are thinking of getting engaged on February, while having a trip to Europe together. And then we would start the K-1 process in order for me to be able to come back to the USA. However this process is apparently very long (5 to 7 months). I was hence thinking of getting a tourist visa to be able to come back for 3 months in the United States while waiting to get the K-1.

    I have a few questions about this option.

    1- How long should I wait between the expiration of my J-1 visa and the tourist visa?

    2- With a tourist visa, I think I can stay in the USA for a maximum of 3 months a year.
    2.a- Is that correct?
    2.b- If so, can I for example use it to spend 2 months in the US, go back to France, and come back to spend another month in the USA?

    3- Apparently, the issue might be the US custom agent at the airport. What can I do so he/she doesn't "bother me" too much? What kind of proof that I am not willing to overstay my tourist visa, or to work illegally can I show him/her so I can enter the US territory without troubles?

    4- I am actually afraid that coming back to the US as a tourist, right after a J-1 visa, could compromise my K-1 request. What do you think of that?

    Waiting 5 to 7 months without seeing each other would be very difficult. Plus, he cannot come to France with me since he is still a student and has a job here. We would like to find the best solution so we can see each other as much as possible, and at the same time get a K-1 visa without troubles.

    Thank you very much for your help. Please only answer if you are certain of your response.

  2. #2
    Join Date
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    Default Re: Tourist Visa After J-1 and Before K-1

    Are you subject to the two year rule?

    It's not unusual for people to become tourists after completing a work visa. If you're subject to the two year rule you have to leave the country to reenter as a tourist; if not you can consider applying to change your status.

    Your obtaining a visa does not define your duration of stay - your I-94 defines your duration of stay. If you want permission to stay in the U.S. as a tourist for two months after the end of your visa, make sure you ask for a stay of no less than that duration. If you're from France, though, and you go home first, you would presumably seek reentry under the visa waiver program rather than seeking a tourist visa.

    If you visit as a tourist before applying for a K1 visa, I don't know if there's anything about you or your immigration history that might trigger more intensive questioning by an immigration officer. If you visit afterward I expect them to want evidence that you do in fact intend to depart at the end of your visit as a tourist. You should be prepared to prove your ties to your nation of origin (leases, driver's license, family ties), show a prepaid return ticket home, etc.

    You don't need to be inconsiderate of the volunteers here. Even if you paid a lawyer to advise you, and your lawyer would know a lot more about your situation than you've shared here, nobody can offer you absolute certainty.

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