Frequent visits to US/J1 intern visa questions!

[madamles 0]

Hi,

I’m new here so I’m not sure this is in the right forum… sorry if it’s not!

Short back story: I am a British student (21) with one more year of college left to go. (I graduate summer 2014). I'm in a long distance relationship with my boyfriend who lives in LA. (He is moving to Ohio this summer if that makes any difference.)

Anyway, we have been together the last 3 years and take it in turns to visit each other.

I am a full time student and I have only been to America 3 times. The first time was 2 years ago- I worked in a summer camp (j1 and stayed for 3.5 months) the second time was 1 year, in spring vacation and I stayed for one month under VWP and the third time was 1 month ago, i stayed for 1 month under VWP.

These were all fairly well spaced visits, and I never had any problems, except some more intense questioning this last time.

As my bf is going to medical school and won't have the same amount of vacation time to come visit me, over the next year until I graduate I will be visiting 3 more times (each fairly long visits)

My concern is that as I will be visiting so much in one year, even though i have never mentioned my bf at the border, and i have a part time job and uni (strings to home) and no plans to stay illegally, I’m worried they may not let me in if i visit so much and I wanted to know (1) if my fears are founded?

-My plans for visits are, this summer june-sept, j1 summer camp (just waiting for the paperwork)then this xmas, dec-jan for 1 month, then next april for one month.

Then, my next questions concerns when I graduate. After graduation I want to do the graduate intern visa (12 months) however i want to know if having such frequent visits to the US will have any implications for me?

I’m worried thatwhen i come to apply for the graduate intern visa they will see all my frequent visits and reject the visa. Is this likely?

Lastly, (I know this is getting long- sorry!) I want to know what my best options are for the future.

Right now the plan is, visit this next year in my vacations from college, then do the intern visa for a year and then possibly find a job sponsor after that, or perhaps get married.

If we were to get married would I have to return home after finishing the graduate internship visa (it is only valid for 12 months), or would I be able to stay there while we filed? Would I have to return back to the UK while we did all the visa forms for a marriage visa? What about if we filed while I was still in the USA legally on the intern J1, or will that count as visa fraud?

If i found a job willing to sponsor me (I’m not sure how hard that is..) but if i did could i stay in the US straight after my internship without returning home?

We're just trying to figure out the best plan (even though i know plans don't always work out) because with visas, forward thinking is so necessary because I want to make calculated decisions so that i don't do something which would cause me to have to leave the country for a period of time, or be banned from a certain visa etc.

Any advice/opinions would be greatly appreciated.

US-UK ldr.

Thanks so much!

[madamles 0]

bump

[canadian_wife 1,826]

What intern visa do you keep talking about? A J-1? That may require a 2 year home residency requirement, if that is the case you'll need to sort that out.

To answer your other questions, if you are visiting, it is up to the discretion of the CBP to permit you entry, if they believe your ties are insufficient or you have immigrant intent, you may be denied entry. Visiting the US is a privledge.

good luck

[madamles 0]

What intern visa do you keep talking about? A J-1? That may require a 2 year home residency requirement, if that is the case you'll need to sort that out.

To answer your other questions, if you are visiting, it is up to the discretion of the CBP to permit you entry, if they believe your ties are insufficient or you have immigrant intent, you may be denied entry. Visiting the US is a privledge.

good luck

Yes it is a J1. Can I adjust status from a j1, after marriage, or would that be seen as fraud as the j1 is a non immigrant visa? Would I be able to stay in the US while we filed? Would I have to return back to the UK while we did all the visa forms for a marriage visa?

Edited April 24, 2013 by madamles

[canadian_wife 1,826]

If your idea is to live and work in the US via marriage to a US citizen, why no petition for a K-1 visa and forgoe all this drama?

good luck

[madamles 0]

If your idea is to live and work in the US via marriage to a US citizen, why no petition for a K-1 visa and forgoe all this drama?

good luck

Because I do not want to get married in a years time. I would like to live with my boyfriend for more time before committing. Do you have any links to similar situations? (I'm new to this forum, but from what i've read it seems like i couldn't file for aos if i was there on a j1 because it's a long term relationship and they would think i came with immigration intent?

All i've read is about people adjusting status after meeting someone in the us, but i haven't seen any threads on people who are adjusting when they already had a relationship before coming to america, if that makes sense!

[canadian_wife 1,826]

I didn't adjust status. I married in Canada and waited my turn. Sorry, I can't be of much help. Perhaps post in the adjustment of status forum.

good luck