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Filed: Timeline
Posted

My girlfriend and I met while I was in Thailand last May (2011). We fell in love and she decided she wanted to come to America to be with me. Typical story. She decided to come here on the J-1 Visa. She got approved and has been here for a year. She is subject to the 2 year requirement. She has to leave on Sept.22 and we're desperate to be together again, yet too young to marry. (only 22 years old).

What are her chances of obtaining a Tourist Visa? She will go back on time. She has property in her name, a car, college degree, and will be starting more college classes when she arrives home. However she does not yet have a job.

Do you think it's a waste of time? Should we just settle down and go for the K-1?

Thank you.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

She won't be able to come for the 2 year period of the HRR.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The HRR effects the Tourist Visa?

And what if we got it waived for the K1?

The waiver covers any entry to the US. Without it, she won't be granted a visa.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

So you need a waiver for Tourist Visa then..unfortunate.

source please? I'd like to read more about this. Thank you

Google, and the State Dept. website, are your friends.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted (edited)

Google, and the State Dept. website, are your friends.

I'm not finding anything in regards to needing the wavier for the Visitor Visa. I was told by an Immigration Attorney that she does not need the waiver to return to the U.S on a Student or Visitor visa because they are not immigration visas, however no time will be deducted from the 2 year requirement other than the time she spent in Thailand waiting for the Visitor visa. Conflicting reports?

Edited by Mike329
Posted

I had J1 with 2yrHRR. Had no problem getting a tourist visa and didn't need a waiver for it. Had a job and studied at the same time and only went to the US for a month.

When I got my immigrant visa was past the 2yrHRR so waiver was not needed.

ROC 2009
Naturalization 2010

Filed: K-1 Visa Country: Wales
Timeline
Posted

You get what you pay for, if you want a Lawyer go and see one, and pay for one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Very insightful post there boiler.

So then this message forums purpose is to simply speculate and make unproven statements without citing the information to which you've received that information?

I can only imagine how many unfortunate people have joined this website, not being able to afford a lawyer, hoping for help and have been fed falsly damaging information.

It's clear to me this is a website that consists of old men with nothing more to go off of than the experience they've had with their mail order brides and the joy that get from having people think they are actually useful and knowledgable.

I've been reading past posts and am disgusted by the abudence of bad information and stupidity.

But Boiler while blunt, is correct. A lawyer is the best option and I hope anyone else on this forum in need of help realizes that and Dosent waste a single moment on here, because I no longer will.

Posted

See bottom of the VJ website Important Disclaimer:

"Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice"

If you have serious concerns about 2HRR, please consult a lawyer if you could afford it.

Your quote:

"I can only imagine how many unfortunate people have joined this website, not being able to afford a lawyer, hoping for help and have been fed falsly damaging information."

If you have read this website long enough, you should have known that there are also fair share of people being misled by their so-called money grabber lawyer.

Done with K1, AOS and ROC

Filed: Country:
Timeline
Posted
It's clear to me this is a website that consists of old men with nothing more to go off of than the experience they've had with their mail order brides and the joy that get from having people think they are actually useful and knowledgable.

I've been reading past posts and am disgusted by the abudence of bad information and stupidity.

But Boiler while blunt, is correct. A lawyer is the best option and I hope anyone else on this forum in need of help realizes that and Dosent waste a single moment on here, because I no longer will.

Wow, one incorrect answer from a layperson on a website causes you to fly off on such a tirade? It's true there are issues with incorrect information getting posted but just as happened in this thread someone always seems to come around and correct it.

FWIW, Boiler didn't say "A Lawyer is the best option". What he eluded to was that you are dealing with laypersons here and thus you should take the time to confirm anything you read on any internet forum unless it is one specifically hosted by Immigration Lawyers.

If you spend any rel time on VJ you will see that there is a wealth of experience here and the incorrect information is only a small portion of the content here. In fact there are some threads that are useful specifically because of the initial incorrect information as the correction and following discussions are generally very informative.

To answer your actual question, in my opinion she will still have difficulty obtaining a tourist visa heres why:

Consular Officers are required to start with the assumption that she has immigrant intent and she needs to overcome that assumption.

Strong Ties to her home country is how she overcomes the immigrant intent assumption.

She has property in her name (a car isn't really a strong tie nor is a college education) but what else?

To further weaken her case, she is a young single woman from a country that has a bad track record of Immigration Fraud (overstaying Tourist Visa, Greencard Fraud) etc.

WHat will she say is the purpose of her visit? If she says to visit her US Citizen boyfriend then she's almost guaranteed denial.

If she was older, had a husband and child remaining or had a good job (in short established a high living standard in her home country) then she'd have a better chance.

This of course is my opinion and is based on almost 4 years of VJ membership actively reading and discussing US Immigration issues encountered by citizens in Southeast Asian countries.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I have seen lots of wrong information posted by or from Lawyers.

Especially if it is outside their main core work.

But none of us are Lawyers, and as Bob 4 Anna said is someone does make a mistake usually somebody else will correct it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Can you get a no-objection statement from the Thai govt? If so, why not have her stay in the country and file concurrently for a waiver of the 2-year HRR and for adjustment of status?

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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