Girlfriend Trying to Transfer from J-1 to Tourist Visa

[Keith Staffaroni 0]

My girlfriend is from Colombia. She is currently in the U.S as a Au Pair. She has a J-1 visa. We are trying to figure out if it possible to switch her J-1 visa into a tourist visa while she is here. If anyone can help shed some light on this I would really appreciate it.

 

Thank you, 

 

Keith 

[JFH 12,191]

Does she fall under the 2-year home residence requirement? 

[Boiler 45,941]

She can not get a visa in the US, she could change to B Status, well seek to.

 

 

[Keith Staffaroni 0]

Thank you for the response. I'm not sure because I don't know what that requirement entails. Can you explain the requirement? 

[Keith Staffaroni 0]

Boiler thank you for your response. What is a B status and how would we go about seeking that?

 

 

[JFH 12,191]

23 minutes ago, Keith Staffaroni said:

Thank you for the response. I'm not sure because I don't know what that requirement entails. Can you explain the requirement? 

Many J-1 visas are granted on the basis that the person will return to their home country for two years at the end of their permitted stay.

 

Further info can be found here:

 

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

 

check the remarks on her visa in her passport. 

[Coco8 1,042]

19 minutes ago, Keith Staffaroni said:

Boiler thank you for your response. What is a B status and how would we go about seeking that?

 

 

 

25 minutes ago, JFH said:

Does she fall under the 2-year home residence requirement? 

 

She has 30 day grace period after completion of the program. So she can stay 30 days extra. It is hard to change to a B within the country because you might hear something after your date is due and she would be overstaying and get a ban. Too risky. I've never heard of anyone changing status to a B.

 

2 year home residency requirement does not matter for visitor visa. Only for work visa or green card. 

 

It would be rare to have the requirement for an Au Pair. Check the DS 2019 and see if it says something in the part at the bottom: 

 

 

[Unlockable 7,315]

To help you understand better a visa is for entering the US. 

 

She must know exactly what her requirements are for the J1. The two year home requirement is a requirement for those on the J1 visa to return to their home country for two before they can return to the US.

 

 

If she doesn't have the 2 year home requirement she could apply for a tourist visa. She would need to show strong ties to her country. 

[Coco8 1,042]

3 minutes ago, NuestraUnion said:

To help you understand better a visa is for entering the US. 

 

She must know exactly what her requirements are for the J1. The two year home requirement is a requirement for those on the J1 visa to return to their home country for two before they can return to the US.

 

 

If she doesn't have the 2 year home requirement she could apply for a tourist visa. She would need to show strong ties to her country. 

A J1 with that requirement can have a visitor visa at any time, as well as a student visa.

[Keith Staffaroni 0]

2 minutes ago, Coco8 said:

A J1 with that requirement can have a visitor visa at any time, as well as a student visa.

Her J-1 visa expires in 3 months. So you are saying she will have to move back to Colombia for 2 years once it expires? And also during that time she can get a visitor visa to come back to the US for a limited amount of time?

[caliliving 606]

Chances after being here on a J1 and getting a B2 are very slim....especially a woman from Columbia. I suggest she can go and try but if you are serious about being together then u should marry. That is the easiest way:/ unfortunately 

 

[caliliving 606]

2 minutes ago, Keith Staffaroni said:

Her J-1 visa expires in 3 months. So you are saying she will have to move back to Colombia for 2 years once it expires? And also during that time she can get a visitor visa to come back to the US for a limited amount of time?

Some have the 2 year residency after some dont...u need to find that out.

 

After being here 2 years I doubt the government will give her a b2 visa. U could try but it's a very slim chance unless she gets some great ties back home. 

[Keith Staffaroni 0]

So there is no way once she goes back to Colombia for her to get a Visa to come back to the US for even a few weeks?

[Coco8 1,042]

11 minutes ago, Keith Staffaroni said:

Her J-1 visa expires in 3 months. So you are saying she will have to move back to Colombia for 2 years once it expires? And also during that time she can get a visitor visa to come back to the US for a limited amount of time?

As I said, she has 30 day grace after J1 expires. It is unlikely she will be able to change to a B within the US, particularly because she is already given 30 days after it expires.

 

5 minutes ago, Keith Staffaroni said:

So there is no way once she goes back to Colombia for her to get a Visa to come back to the US for even a few weeks?

 

No, she won't be able to get back so soon. She might be able to get a visitor visa if she has ties to Colombia. If she enrolls at university , or if she has other ties to Colombia like a lease or property, she could be able to get a visitor visa. 

 

10 minutes ago, caliliving said:

After being here 2 years I doubt the government will give her a b2 visa. 

 

I don't think he ever said she has been here 2 years as a nanny. 

[geowrian 22,338]

9 minutes ago, Keith Staffaroni said:

So there is no way once she goes back to Colombia for her to get a Visa to come back to the US for even a few weeks?

Not impossible, but it's a very low chance of success. She has several negative factors:

• Recently lived within the US
• Pretty high fraud country for tourist visas (>17% aggregate refusal rate last year)
• US boyfriend
• Single female in working age

Having sufficient ties to Colombia to overcome that is very difficult.