Best/safest option for staying in the country

[Tots 0]

Hi guys,

I've been poking around and reading up on your forums for a while, and I thought I'd ask you wonderful people for some advice. In January this year, I entered the country on a J1 visa to participate in a semester studying abroad (I'm an undergraduate from Australia). I very quickly realised how much I loved it here, so I applied for a second semester of exchange, and my university here approved it and reissued a new DS-2019 in May, such that the expiry date was the end of the upcoming Fall semester (late December-ish). I've spent summer here, but now I'm in a tough spot.

Within a month or two of arriving I began dating an American girl - we've now been dating for 6 months. Her mum is currently battling Leukaemia and Lymphoma (ie. she is incredibly ill and has a few risky procedures coming up), and so she will not be studying this semester, so she has more time for her family. We've been looking at the option of her and I living off campus, so that she can work and will have the freedom to visit home when need be. However home is 5 hours away, and we can't find housing. As a result I am reconsidering whether or not to return to college, as I can complete my degree with one more semester in Australia, and I find it hard to justify another semesters worth of debt that I do not need.

So here's where my questions begin. I've been trying to get my head around how I can stay here until December, when I will go home for Christmas with the family and to finish off my degree. I wish to return to the country after that. If I do not return to college, my visa will soon be out of status as I will not be taking classes at the institution specified on my visa/DS-2019. However am I right in saying that I should be able to stay for less than 180 days (until december), given the D/S on my I-94? Alternatively, would it be wiser for me to apply to adjust my status and stay for a few months on a tourist visa? My only concern is if either of these option will hurt my chances of returning after my few months back home, probably on a K-1 visa or a working visa if I can find employment that will sponsor one. Completing my degree isn't urgent, so I can delay going home if it's wiser to stay here for a long period of time and marry before I ever leave the country. Or, if I overstay my J1, could I begin searching for work that might sponsor a working visa? In summary, I basically have tonnes of different ideas racing through my mind, but I need your help in showing me what option would be best (and of course it may well be something I haven't thought of!)

Ultimately I have no home to go to in Australia (the residence I was in parted ways since I left, and my things are all in storage), and I've spent the past 3 months helping out my girlfriends mum who is very sick. My girlfriend and her dad both work full time, so leaving this place behind and leaving her mum without support is not something I want to do. I want to stay here until December, and I need your help figuring out how to do that. Thanks guys!

Edit: If there is a way that I can stay here and obtain employment, this option is ideal. From what I understand it is not at all possible given that I entered to study, but I figured I'd get that confirmed.

Edited August 9, 2013 by Tots

[lost_at_sea 995]

Are you and your girlfriend discussing marriage? Or are you looking for options that do not require that level of commitment just yet (which is fine, just want to fill in that side of the picture)?

You mentioned the K1 briefly.

Edited August 9, 2013 by lost_at_sea

[JohnR! 5,495]

Tots,

Only you can decide what is best for you so here is my 2-cent worth, based on your post:

Your current situation:

- With your J-1 visa, you are allowed to stay in the country for 30 extra days once your contract is completed. If you break the contract you must leave the country immediately. Despite the D/S on your I-94 the above stands.

- Whether you need to return home is dependent on how you obtained your J-1. Some visas carry a two-year home-country physical presence, which means you may be bound by law to return home for stay for two years. You need to check that.

(more on J visas here ----> http://travel.state.gov/visa/temp/types/types_1267.html#long )

Your possible scenarios:

- You speak of a work visa. That is possible, albeit difficult and you will need to return home in order to complete the process, if you were to find a company willing and eligible to hire you in the US.

- You speak of K-1 visa. That is a fiance visa (whereas you speak of a 'girlfriend'). It also entails you returning home and completing the process there. Your fiancee can start the application while you are here in the US and by the time you are back in Australia you will be completing the process to return with the intent to marry in 90 days and establish residence in the US. However, if your J-1 has the two-year clause you would need to resolve that first.

More on K-1 visa here -----> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

- You also speak of 'marriage'. It is true that if you were to marry before you leave you would be able to adjust status but you would still need to check for the two-year clause on your J-1. In addition, the USCIS takes AOS based on marriage seriously. It should never be used as a quick fix for immigration issues, in which case it is considered fraud and could land your girlfriend in jail and you deported, never to return.

- If you return home and come back to the US in a short period of time, chances are the CBP officer may question your motives for a return so quickly after a one-year stay in the US.

All in all, there is no quick fix for you to stay in the US. There are options, each with serious consequences and you should ponder each accordingly.

Good luck whatever your decision.

[Tots 0]

Are you and your girlfriend discussing marriage? Or are you looking for options that do not require that level of commitment just yet (which is fine, just want to fill in that side of the picture)?

You mentioned the K1 briefly.

We've discussed marriage, yes. However after only 6 months of dating, we're not really sure if there's a way to prove legitimacy. We'd prefer to wait another year until she's had the chance to travel to Australia and meet my family, etc. We're very cautious that marriage at 6 months could come across as looking dodgy to USCIS.

[lost_at_sea 995]

We've discussed marriage, yes. However after only 6 months of dating, we're not really sure if there's a way to prove legitimacy. We'd prefer to wait another year until she's had the chance to travel to Australia and meet my family, etc. We're very cautious that marriage at 6 months could come across as looking dodgy to USCIS.

Length of marriage/relationship is only one factor. Proofing the legitimacy and bonafide nature is important. You'll see we were only married 4 days when we submitted our pack (although we were a couple for 2 years previous). The main trouble with a short relationship is just that you haven't had long to develop a good stack of evidence yet, usually.

But, most importantly, it sounds like you're not ready to get married and getting married for immigration purposes is likely to be a less than ideal path. But if you are ready, length of relationship as a risk factor can be mitigated against.

Take a look at the other responder on this thread who has other suggestions. All visas are sponsor based, as you know, so work sponsorship would be a path.