Recently in US on J-1, applying for K-1...

[SCFsnoopy 0]

I have just returned to Australia from the US, where I spent 13 months on a J-1 visa (working as an au pair). The J-1 visa was in effect from April 10, 2007 to April 10, 2008, and as I was permitted a 30 day "grace period" before I had to leave the country, I left on May 8, 08. The agency I worked for (Cultural Care Au Pair) arranged all my flights (and technically sponsored my visa) for me, so I'm certain I did everything correctly on that trip.

While I was in the States, I met and developed a relationship with someone. We've been together over 9 months now, and are planning to file for a K-1 visa in the next couple of weeks. I intend to visit him on the VWP while the K-1 is processing, and he'll most likely come back with me to Australia for a short visit.

My question is, since I spent such a long time in the States on my previous visa, will they have a problem with me entering on the VWP for 2 or 3 months? Or will I be ok because my last visit was on a long-term visa?

I want to visit around July, possibly as late as August... which will make it 2-3 months since I left the US. I figure that's a decent amount of time. The reason I ask is because I've read that some people get questioned as to the amount of time they spend visiting the States when they either come back very quickly after a trip or they're spending a majority of their time in the US (ie, 4 months out of 6, etc.)

[KimandRuss 0]

First things first... you need to be certain that you are not subjected to the home residency requirement that states that you must be back in your home country for 2 years after being in the U.S. on a J1. This should have been noted when you first applied for it and it should also be stated on the visa stamp itself.

If you are good to go then i'm afraid there are still no certainties. There are no laws that state you can only visit so many times BUT they will get more and more 'curious' if you are spending more time here than in AUS. It is up to the POE official to decide whether or not you are allowed entry. You should not have a problem if you bring enough evidence showing ties to your country and proof that you will return but you should be prepared for the possibility of denial just in case.

My SO was denied entry on his 5th attempt back into the country over the course of a year. Each time he had stayed about 3 months so basically he was living here and leaving to meet the 90 day criteria of the VWP whilst I awaited my divorce to be final. We knew we were pressing our luck and that we were very lucky to get the time together that we did.

My advice is to take plenty of proof tying you to your home country. Don't offer any information freely but if you are asked always be truthful.

good luck to you!

Edited May 20, 2008 by KimandRuss

[Carlawarla 1]

Read this thread here about possible implications for applying for a K-1 visa right after a J-1 visa.

http://www.visajourney.com/forums/index.php?showtopic=104391

[payxibka 10,045]

Au Pair's are not subject to HRR

[SCFsnoopy 0]

I didn't believe I was subject to the HRR, and checked it with the agency while I was over there... I'm going to do a little research and double check though. Thank you for the link, I had a read through and it was fairly helpful.

I'm planning to bring as many ties as I can - unfortunately, being young and relatively unattached to anything, I don't have a lot to show at this point. I definitely can get a letter of employment expecting me back (and hey, perhaps I should start paying my parents rent!).... I was wondering, since my boyfriend intends to visit Australia with me when I come back, if we booked his ticket before I left could I take that along as proof that I would be going back? (you know, since he is... doesn't make sense for him to go by himself ^^)