J1 with an american girlfriend

[rikdegroot 0]

Dear Readers,

Beginning next year i will start a job in America for a period of 1 year on a J1 visa.

This year my B2 visa was denied under 214b. As we wanted to travel all across the continent.

My girlfriend is an American citizen.

I have no mortgage, house or anything to prove that i'm coming back to my country.

What are the odds of getting this visa?

[NancyNguyen 1,657]

Slim to zero.

[Boiler 45,516]

Why couldn't you use the VWP?

[HFM181818 750]

a J1 requires that one overcome the presumption of immigrant intent...what has really changed in your circumstances from the B2 denial? Applying for a different type of visa does not overcome 214b. your girlfriend is still your girlfriend, even if you try to claim that the work or training on the J1 will allegedly take place in another city or state....though our transportation system is not on the same level as western Europe, a person can still travel pretty easily from one spot to another in this country...

[Unidentified 2,930]

Did you tell the CO that she was your girlfriend? What were you asked and what did you tell them? What has changed since your denial?

Either you weren't honest with the CO about your girlfriend or you completely failed to prove you were returning to your home country after your 1 year in the states or both. Or the CO simply didn't believe you.

Without any ties to your home country you won't be going. They will see that you just want a visa to be with your girlfriend. What evidence do you have that will prove to them you'll be returning?

[rikdegroot 0]

Well to be honest i thought i was doing the right thing, applying for a B2 visa and not abuse the VWP. But i lacked knowledge about how many B2 are denied under 214b. They asked me if i was going with someone and i honestly told them i was going with my american girlfriend. Of course this was stupid and i shouldn't have applied for the B2. But the job is real, its a good job... and will give me the experience i need to apply for a job here.

But unfortunately i still have no strong ties besides my family and hobbies.

I just completely failed to prove that i was coming back. I didn't tell them about my family or hobbies. I didn't have a proper plan about what we were going to do there.

Would it be different if i break up with my girlfriend?

[Boiler 45,516]

In applying for a B you are saying 90 days is not enough.

You have certainly complicated the J, I do not think necessarily permanently.

How would you prove that you have broken up with your GF, are you thinking of doing that anyway. Does she live anywhere near the J location?

[Unidentified 2,930]

Well to be honest i thought i was doing the right thing, applying for a B2 visa and not abuse the VWP. But i lacked knowledge about how many B2 are denied under 214b. They asked me if i was going with someone and i honestly told them i was going with my american girlfriend. Of course this was stupid and i shouldn't have applied for the B2. But the job is real, its a good job... and will give me the experience i need to apply for a job here.

But unfortunately i still have no strong ties besides my family and hobbies.

I just completely failed to prove that i was coming back. I didn't tell them about my family or hobbies. I didn't have a proper plan about what we were going to do there.

Would it be different if i break up with my girlfriend?

Is this job really that important that you would break up with your girlfriend? And please tell me you're not just going to lie and tell them you broke up when you didn't because that's the most stupid thing you can do. Honesty is the best policy.

You should have come on the VWP program instead of trying to get a visa with no ties. Having a gf is not an issue by itself. I got an F1 and I was honest and said I was going to live with him. I just had enough proof that I was going back when I was done studying.

Your family and your hobbies would not have changed the outcome, they are not ties to your country. Having a letter from work saying they expect you back by a certain day is, house/property etc. is.

[HFM181818 750]

Most experienced COs have heard the 'gosh, I just broke up with my BF/GF....' story...it is not believable...the consular folks already know that you have an American GF...to try and convince them that 'things just didn't work out, so I thought I would work this job for a year...' will not convince a reasonably seasoned CO that there are not ulterior motives behind this request...they see this sort of thing constantly...an applicant gets denied with story #1, then returns with story #2 or #3, etc, but nothing else will have changed in their circumstances...and this sort of ploy is amazingly transparent and all that will (likely) happen is that the applicant's credibility will be even further damaged (once a person starts with one story, then merely changes the story, will be branded rather quickly as a...., well, a person who is not being forthright...and no document, letter from a congressman or anything else will patch up the damaged credibility......

[rikdegroot 0]

Well i never intent to lie, so it seems i have no chance at all... Is it still worth the shot?

Would a rejected B2 and J1 influence a K1 visa someday?

[Unidentified 2,930]

Well i never intent to lie, so it seems i have no chance at all... Is it still worth the shot?

Would a rejected B2 and J1 influence a K1 visa someday?

If you tell them you broke up then you ruin your chances of both the J1 and the K1.

I think you've got 2 options:

1) you can try for the J1 but don't get your hopes up. DO NOT LIE and tell them you broke up with your girlfriend and DO NOT deny her existence, it will make it worse in the future.

2) Lay low and go for the K1 at a later time. Maybe she can come visit you for a while? I'm assuming you burned your bridge with the VWP at this point too.

[HFM181818 750]

A denied B2 or J1 application will not, barring really unusual circumstances (like having committed fraud during either application/interview, primarily with fake documents, for example) have any adverse effect on a future K1...however, if you try the old 'I just broke up with my GF, but I really need to go to the US to work for a year....and really, we hate each other, (or whatever excuse might be offered about the alleged recent break up of this relationship)', then imagine the effect that statement would have on a future K1...how would you claim that (a) our relationship supposedly ended but (b) now it's back on again....just try to visualize how a CO would view those two statements....which one will the CO believe? If nothing else, your application would likely be set aside (221g) while you would be tasked with drumming up more credible evidence of this off again-on again relationship....the final outcome could take a while...

[rikdegroot 0]

But won't it look like visa shopping then? B2, J1, K1? I'm not sure how much time will be between the 3, but if say less than a year would that have an influence?

[Unidentified 2,930]

But won't it look like visa shopping then? B2, J1, K1? I'm not sure how much time will be between the 3, but if say less than a year would that have an influence?

It could be interpreted that way yes, especially if you get denied the J1 as well. What's your end goal here?

[HFM181818 750]

IMHO, the ultimate objective is for the OP to get to the US in any fashion, then sit back, get married, do the AOS, etc, without having to endure any sort of waiting period...