Applying for a J1 visa - the beginning

[NutterzUK 0]

Hi, I'm new to the forum. I've had a browse around and I'm extremely greatful to both the designers of the site and the contributers in the forums for all there support through this page!

I am starting an application for a J1 visa to go and work abroad for a year in industry ( a gap year in my degree ). I also have my partner who I want to be able to go with, who I have been with for 4 years and is a genetics student. To make things simple, here is us in bullet points...

Me - Steve

- 21 years old.

- Studying Computer Science and Management in second year at Nottingham University

- Dream job in California, wanting a gap year there.

- Have been working with the company for a year.

Girlfriend - Stacey

- 20 years old.

- Studying Genetics in second year at Nottingham University.

- Wants to come with me to live with me for the year - cohabitant visa? / Tourist Visa?

I don't think I would be able to leave my girlfriend for the year even for this placement for the year which I would love. She is studying also at university and would like to visit for a year. I am sure people can do this on gap years and I don't see why it should be an issue?

Here is my problem:

I've looked up what seems like every visa and document I could ever think of... there seem to be way too many documents, forms, etc and it is really just confusing me.

My boss doesn't have a huge amount of time to look into the all the documentation, although can help but I need to find most of it for myself.

It's a job in the IT industry and is extremely closely related to my degree.

So... where do I start?

I looked up information here: http://www.visajourney.com/content/exchange-visitor-visa-guide

My understanding is as a start that I need a sponsor. To do that I have clicked on the link on the page, and have a huge list of addresses. This doesn't mean much to me, I'm not sure exactly what I do with this / what forms I fill in or where I go from here. My understanding is that the sponsor needs to ensure that I am doing something related to my course which is training and confirm that I will leave after the year, but I don't think I am totally understanding this.

I have absolutely 0 experience with this kind of thing, I really just don't know what I'm doing with it and i'm looking for guidance.

Please help me!

Steve

[Harsh_77 718]

You can apply for J1 visa as an intern working for the company of your choice, you might be required to show the proof of hire.

If you gf would like to go with you then she needs to find someone who would be able to do J1 for her or the other option is she can travel with you or later as tourist, but she will only be allowed to stay for 6 months max.

There is no other visa option where she can travel just as acompanying member and stay as long as you are staying here.

[Anh map 2,098]

There is no derivative status for your gf. If she wants to come to the US for a year and be able to work she will need to find an employer willing to do the work to sponsor her for an employment related visa. If she wants to visit then she can visit. She would not be able to stay for a year using the Visa Waiver Program. Departing and attempting to immediately re enter the US may cause a border official to deny her entry.

[NutterzUK 0]

Ok, interesting. Thanks so much for the information. I'm looking at how I can start applying now. I will have to discuss with her what's best.

I can get my girlfriend a job there, but I'm not totally sure if that's almost classed as bending the rules - something which I'm not wanting to do.

Thanks,

Steve

[NutterzUK 0]

I've searched around on the internet for a bit, and find this post with regards to a couple almost in the exact same situation ( I would post up a link, but I have a feeling that's going to be against the rules? )

I work with quite a number of gay men and lesbians who receive long-term visas and wish to have their spouses or domestic partners accompany them to the USA. I think it's fair to say that I do LOTS and LOTS of such work.

Stuart Folinsky is quite right. If you can demonstrate that the couple is cohabiting -- and if they have done so for a reasonable amount of time -- the US Consulate is likely to grant the spouse/partner a B-1/B-2 with an annotation that say that the visaholder is a long-term partner. The border guard should then grant that B-2 visaholder a one year I-94 -- assuming that the principal visa applicant will be staying at least that long. The B-2 is renewable for additional one-year increments.

Although there are some homophobic ConOffs and border guards, it is now fairly well established that these visas are out there and that the I-94 should be given with little argument. Most consuls and Port Directors would overrule the border guard's denial, absent an independent reason to deny admission.

We are currently cohabiting, and can prove that we have been doing for 2 years ( Actually 3, but proving the year before is more difficult ) - unless notes from Mum count? lol.

What do you think of this? It was posted in 2008, does this sound like a route we could take which is still current?

Thanks,

Steve

[Harsh_77 718]

No in your case it would not be considered as cohabiting - as the first line says its normally for same sex couples.

You two are not married, you guys are just bf and gf - I have never heard of anyone getting a B2 and a year stamp max is 6 months.

On internet you can find lots of opinions and thoughts about how ppl feel system should be, if you can find this information in legit govt site then you can argue otherwise its of no use.

If you think you can get her J1 too - as you said then thats the option for you. I dont know what other work visa you are talking about.

[Dakine10 5,452]

I've searched around on the internet for a bit, and find this post with regards to a couple almost in the exact same situation ( I would post up a link, but I have a feeling that's going to be against the rules? )

We are currently cohabiting, and can prove that we have been doing for 2 years ( Actually 3, but proving the year before is more difficult ) - unless notes from Mum count? lol.

What do you think of this? It was posted in 2008, does this sound like a route we could take which is still current?

Thanks,

Steve

Stuart Folinsky is a respected and competent immigration attorney who used to participate in British expats and other forums. If he posted that, you can feel confident that it can be done.

According to the DOS memo (link below) if you enter as a J1, your girlfriend CAN ask for a 1 year entry on the B2. You will have to provide strong evidence to support that you are cohabitating, and she will also still be required to provide strong ties to the UK that are normally required to get the B2.

http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html

[Dakine10 5,452]

I have never heard of anyone getting a B2 and a year stamp max is 6 months.

One year is the maximum initial stay that can possibly be granted for a B2 visitor. I think we are more familiar with six months since it seems to be the most common amount of time they give as the upper limit.

As far as I know, USCIS doesn't grant more than 6 months without a valid reason.