Can I change the J1 visa status to a B2 visitor visa?

[coria1988 0]

Hey guys!

At the moment I am in the USA as an au pair under a J1 visa. I will leave the agency though but I do not want to leave the USA. Is there any possibility to stay in the USA?

Can I change my J1 visa to a B2 visa while staying in the USA?

What if I stayed in the USA after the au pair agency cancelled the J1 visa, how long would I not be allowed to reenter the USA?

Can I go home and come back to the USA in 3 weeks with a visitor visa?

(I am from Germany)

I would be very glad to receive answers soon.

Thank you.

[Kathryn41 3,205]

Moved from Off Topic to General Immigration Discussion as more likely to get useful information in this forum

[Chica Yeyé 41]

I am confused. Your timeline indicates you are a K-1 visa holder since November of 2008. that said, you should be more than married to your petitioner by now, plus have adjusted status. Why are you saying you are on a J visa? Did something change?

[coria1988 0]

I am confused. Your timeline indicates you are a K-1 visa holder since November of 2008. that said, you should be more than married to your petitioner by now, plus have adjusted status. Why are you saying you are on a J visa? Did something change?

Yeah, I cancelled the K-1 visa and never got married. Then I decided to be an au pair and now I'd like to stay in the US until school starts in August.

[canadian_wife 1,785]

Check out these links

http://exchanges.state.gov/jexchanges/visitors/change.html

Any change of category must be clearly consistent with and closely related to the participant's original exchange objective, and necessary due to unusual or exceptional circumstances. Participants should address all inquiries regarding change of category to the responsible officer of their programs. The responsible officer submits a written request with supporting justification for the change to the Department of State on behalf of the participant. A nonrefundable fee of $246 is payable to the U.S. Department of State.

And this is a good FAQ for J-1 visas

http://travel.state.gov/visa/temp/types/types_1267.html#22

Good luck

[coria1988 0]

Thank you! =)

Now, I thought about going home right now and coming back to the USA next year on the visa waiver program. Can I enter the USA twice a year on the visa waiver? And how much time do I have to spend in Germany after my first visit?

[tpuiatti 1]

Your original question has not been correctly answered.

Yes, under a J-1 you are eligible to file an I-539 (electronically if you want) to change your Non-Immigrant Status to B2 and this is a straightforward application. Once you have filed the I-539 you are legally authorized to remain the USA pending the decision. If you leave the USA whilst waiting for the decision though your application is considered abandoned and you would have no automatic right of re-entry.

See this link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ac3d8424f8304110VgnVCM1000004718190aRCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD

The paragraph posted by "canadian_wife" refers to the restriction in changing your Exchange Visa Category and NOT your non-immigrant status altogether. For example changing from a J-1 trainee to a J-1 teacher would be subject to that restriction. Admittedly, it could be worded less ambiguously.

As for your 2nd question, there is no explicit limitation on the number times in a given period you may enter the USA using the Visa Waiver Program having read the rules and indeed twice in one year would be by no means exceptional. However, it remains at the discretion of the Border Patrol as to whether a visitor might be abusing the program to live or work in the USA and they do reserve the right to refuse entry on that basis. I repeat though, twice in year is highly unlikely to arouse suspicion.

[canadian_wife 1,785]

Your original question has not been correctly answered.

Great advice and yes it was correctly answered....almost 2 years ago. I wonder if the OP is even around to check your posting

Good luck

[tpuiatti 1]

I answer for the benefit of those that might be reading this thread in search of the same answer. I agree this is unlikely to be of use to the OP at this stage.

However, since my post, I have looked into this matter further and there is an important caveat. The terms of the J1 sponsorship program may explicitly require the participant to return to his/her country of origin in order to terminate the program or indeed specifically stipulate that the participant may not apply for a change of non-immigrant status. I know, for example, that the Summer Work Program operated by The US-Ukraine Foundation has such requirements.

The sponsorship programs operate under the Department of State and therefore apparently independently of the Department of Homeland Security enabling a conflict to arise whereby one can successfully change one's non-immigrant status but in doing so breach the terms of the J1 program and thus be potentially refused re-entry when re-applying for a visa from their country of origin. Therefore, the best of course of action, in all likelihood, is to terminate the program legitimately with the sponsor's consent, return home, and re-apply for a new non-immigrant visa.