Advised not to mention my boyfriend??

[riventree 0]

Hi there,

I am currently in the process of applying for a 12 month J1 visa to the USA (a working holiday visa open to Australians and New Zealanders).

The regulations state you cannot be engaged or married to a US citizen. We are not engaged but I have been with my boyfriend for two years long distance. We met when I was on a previous student exchange in the USA. Since that time we have travelled extensively in Europe together, he has visited me here in Australia for two months, and I have also entered the US twice on a B1/B2 Tourist visa saying I was visiting friends (true, as I do have other friends and colleagues in his town).

I hope to use my J1 visa as a starting point to get work experience in my field in the US; and hopefully to find a more permanent job that will sponsor me to stay longer on an E3 work visa for Australian citizens. I am finishing my phd and my area of research is strong in the US, plus gaining international experience in my field would be a huge asset, so it is perfectly true that I am getting this visa for career-related reasons.

Here's my dilemma: I have just had the interview with the organisation sponsoring my J1 visa, and they advised me not to use the word "boyfriend" at my US Consulate interview. I am pretty worried about this advice, as everything I have read on this website says not to lie about this. If I cannot get the E3 visa for employment (or get lucky in the greencard lottery!), we may need to apply for the K1 or a spouse visa, and it sounds like not declaring he is my boyfriend now could come back to seriously bite me on the butt later.

The working holiday visa is not designed to be used to visit a fiance or spouse, but we are not engaged at this point so I am not breaking the rules. However, as it is a 12 month visa, I have no way of proving that I don't intend to overstay or just get married there. I have no employment to return to, no lease, and no course of study to complete (though I do have to come back to graduate). I have strong family ties, but I've read that's not good enough...?

Our long term goal is to move back to Australia as a couple, but in the mean time, I hope to live in the US for 3-4 years. I would never, ever overstay illegally, and I would far prefer to get a visa for employment than a spouse visa. We do hope to get married eventually, but neither of us are in any hurry. Proving that I don't intend to just get married and stay in the US seems rather difficult in these circumstances.

Does anyone have any advice?

- Should I ignore the advice from my sponsorship agency and mention that I have a boyfriend? Or should I let it go unremarked unless they ask me specifically?

- Is there anything else I can use to prove I intend to return to Australia, if a lease/job/study programme are all out?

- Will it help if I can demonstrate that I know all the legal hoops I need to jump for the employment visa, and emphasise this as my goal?

- What about the fact that I have visited the US twice for short periods (the last two Thanksgivings) and called him my "friend"? Should I be worried that I already dug myself a hole? Or are a few short visits not really much to worry about? As I said, I did use those visits to see all my other friends there and they just weren't as serious as applying for a 12 month stay.

If I get rejected for this visa, I will lose my very large fee to the sponsorship agency, and I honestly don't know what we'll do next. I can still try to enter on my B1/B2 visa and look for a job sponsor (which, again, is totally legal)... But again, will have trouble proving I intend to return. And if I have already been denied a different visa because of my boyfriend, they might not let me in on the B1/B2, either. I love the US, but I definitely want to live in Australia in the long-term. I just feel like the sponsorship agent has given me bad advice here (and she is only in her early 20s and a bit seems a bit unreliable, so I am not very trusting of her).

[Dave&Roza 748]

Hi there,

I am currently in the process of applying for a 12 month J1 visa to the USA (a working holiday visa open to Australians and New Zealanders).

The regulations state you cannot be engaged or married to a US citizen. We are not engaged but I have been with my boyfriend for two years long distance. We met when I was on a previous student exchange in the USA. Since that time we have travelled extensively in Europe together, he has visited me here in Australia for two months, and I have also entered the US twice on a B1/B2 Tourist visa saying I was visiting friends (true, as I do have other friends and colleagues in his town).

I hope to use my J1 visa as a starting point to get work experience in my field in the US; and hopefully to find a more permanent job that will sponsor me to stay longer on an E3 work visa for Australian citizens. I am finishing my phd and my area of research is strong in the US, plus gaining international experience in my field would be a huge asset, so it is perfectly true that I am getting this visa for career-related reasons.

Here's my dilemma: I have just had the interview with the organisation sponsoring my J1 visa, and they advised me not to use the word "boyfriend" at my US Consulate interview. I am pretty worried about this advice, as everything I have read on this website says not to lie about this. If I cannot get the E3 visa for employment (or get lucky in the greencard lottery!), we may need to apply for the K1 or a spouse visa, and it sounds like not declaring he is my boyfriend now could come back to seriously bite me on the butt later.

The working holiday visa is not designed to be used to visit a fiance or spouse, but we are not engaged at this point so I am not breaking the rules. However, as it is a 12 month visa, I have no way of proving that I don't intend to overstay or just get married there. I have no employment to return to, no lease, and no course of study to complete (though I do have to come back to graduate). I have strong family ties, but I've read that's not good enough...?

Our long term goal is to move back to Australia as a couple, but in the mean time, I hope to live in the US for 3-4 years. I would never, ever overstay illegally, and I would far prefer to get a visa for employment than a spouse visa. We do hope to get married eventually, but neither of us are in any hurry. Proving that I don't intend to just get married and stay in the US seems rather difficult in these circumstances.

Does anyone have any advice?

- Should I ignore the advice from my sponsorship agency and mention that I have a boyfriend? Or should I let it go unremarked unless they ask me specifically?

- Is there anything else I can use to prove I intend to return to Australia, if a lease/job/study programme are all out?

- Will it help if I can demonstrate that I know all the legal hoops I need to jump for the employment visa, and emphasise this as my goal?

- What about the fact that I have visited the US twice for short periods (the last two Thanksgivings) and called him my "friend"? Should I be worried that I already dug myself a hole? Or are a few short visits not really much to worry about? As I said, I did use those visits to see all my other friends there and they just weren't as serious as applying for a 12 month stay.

If I get rejected for this visa, I will lose my very large fee to the sponsorship agency, and I honestly don't know what we'll do next. I can still try to enter on my B1/B2 visa and look for a job sponsor (which, again, is totally legal)... But again, will have trouble proving I intend to return. And if I have already been denied a different visa because of my boyfriend, they might not let me in on the B1/B2, either. I love the US, but I definitely want to live in Australia in the long-term. I just feel like the sponsorship agent has given me bad advice here (and she is only in her early 20s and a bit seems a bit unreliable, so I am not very trusting of her).

I wouold say this is one of those do not offer any information that is not specifically asked for, but not not evade any question or out right lie. I would go in with the intention that you are coming to the US for the job and advancement of your career which you your own admission is true and correct. I would not in the next sentence say you have a boyfriend iin the US. I would not bring it up unless asked and then I would state what you have stated here. The only problem I see is your desire to remain in the US for 3-4 years with a visa that expires in 12 months. The only way you can remain in the US would be to get married and file for adjustment of status (AOS) from within the US. The K-1 or CR-1 visa would require you to return to Australia while it is being decided which can take up to a year. The only problem I see with filing for AOS within the US is that you are coming to the US with the J-1 visa, but you alreasy have intentions of remaining in the US. THis is a very grey area on whether it is legal or not and you will get lots of differing advise here of VJ. You may also want to consider that if you become a LPR and do not get your citizenship it will be hard to keep the GC while living in Australia.

I would apply for the J-1 visa and not bring up the boyfriend unless asked. I would complete your PHd and then decide what to do regarding your boyfriend and decide what is best for your future. Maybe now is not the time to do anything to immigrate to the US or maybe it is. FIrst things first.

Dave

[Boiler 45,897]

Why did you need a B?

[riventree 0]

you have a boyfriend iin the US. I would not bring it up unless asked and then I would state what you have stated here. The only problem I see is your desire to remain in the US for 3-4 years with a visa that expires in 12 months. The only way you can remain in the US would be to get married and file for adjustment of status (AOS) from within the US. The K-1 or CR-1 visa would require you to return to Australia while it is being decided which can take up to a year. The only problem I see with filing for AOS within the US is that you are coming to the US with the J-1 visa, but you alreasy have intentions of remaining in the US. THis is a very grey area on whether it is legal or not and you will get lots of differing advise here of VJ. You may also want to consider that if you become a LPR and do not get your citizenship it will be hard to keep the GC while living in Australia.

Hi Dave,

Thanks for your advice!

Actually, I hope to be able to stay in the US longer than 12 months by applying for an E3 visa, which is a visa employment category only open to Australians. It's a visa category that requires you find an employer to sponsor you for a speciality occupation - basically, any job that requires at least a Bachelors degree. As I'll be looking for work after my PhD, if I can find a decent job willing to sponsor me during the 12 months of the working holiday, I should be able to apply for an Adjustment of Status (or return to Australia and apply) for the E3 visa category. The E3 visa is granted to an Australian for 2 years, and can be extended/reapproved repeatedly so long as you continue to remain employed in a speciality job. That visa also doesn't usually meet its annual application quota, so is much less competitive than any other category of employment visa. And it doesn't require as much paperwork or money to submit the visa application, making it more attractive to potential employers. Pretty good deal...!

SO, I hope to be able to stay in the US, but through employment sponsorship rather than getting engaged/married. At least at first, anyway!

I've also applied for the green card lottery, so you never know - might get lucky that way!

I think you're right though - that I should foremost state employment and cultural experience as my main reasons for applying for the visa, and only mention my boyfriend if questioned. I will be staying with him when I arrive in the US, and I have previously been asked (for other visas and entry into the country) "Who is this you're staying with?" So it's not unlikely that it'll come up. But in the long run, if I can't get sponsored through a job we might need to go the fiancee/spouse route after all. In which case, things might get tricky if I have never mentioned it before...?

[riventree 0]

Why did you need a B?

Why did I need a B1/B2 visa? I was previously on a student exchange to the US, and I wanted to stay longer than the 30 day grace period at the end of my study so that I could keep travelling and sightsee more. I specifically got the B1/B2 (business and visitor category) because I was also attending a conference in my field during this period, and thought I might be travelling for that reason again. It's still valid.

[Jawaree 718]

If U have no interest to marry or get engaged , he's a friend, one should

always be honest on these forms but that's a friend especially with you already

deciding U only want a visa to stay thru employment, Don't claim B/F there

is no committment

[Boiler 45,897]

Friend with benefits?

[greenapples 0]

Hi! I am in a similar situation. Just wondering how this worked out for you.

[Ontarkie 14,369]

This thread is a year old and the person who started the thread hasn't been back in just as long. It would be better to start your own thread to ask a question(s)

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