From J1 To A tourist Visa

[Paulypaul 0]

My girlfriend has a J1 visa.. her visa will expires this coming july, what should we do for to stay here in the U.S?? I as a boyfriend i am a Permanent resident can i do something about it? can someone help us what should we do.? is it a good idea for her to apply a toursit visa or we get married here and apply for I-130? my main point here is just to make her stay Here in the U.S? guysss please help.. thanks!

[Roel 7,192]

If she's in the US already than what's the point of the torusit visa?

 

What you can do is yo get married and apply for her AOS. BUT since you're only a green card holder the process will take 2 years and during this time she will need a legal status in the US all the time. If she goes illegal at any time during waiting, her green card will be denied. 

 

So. Well. Unless she's eligible for any legal status for 2 years she will HAVE to go back to her home country and wait for her spouse visa over there. 

 

No other way. Sorry. Even if she's get a tourist visa status she won't be able to hold it for 2 years anyway. 

Edited March 31, 2018 by Roel

[geowrian 22,337]

As an LPR, there's nothing you can do at this time. If you decide to marry, you can file an I-130. ETA: ~2 years or so.

 

To remain in the US while that processes, she must maintain legal status in the US the entire time. Otherwise, she needs to leave before her period of authorized stay expires, then interview abroad for an immigrant visa (in ~2+ years or so after filing the I-130).

 

She is allowed to visit during this time if she obtains a tourist visa. She can also apply for another visa.

 

Changing status in the US to a tourist visa is possible, but...

1) It won't cover the entire timeframe desired. And spending too much time in the US is a common reason for denial for a tourist visa, or entering on said visa.

2) If denied, she will need to leave ASAP to avoid accruing unlawful presence.

 

4 minutes ago, Roel said:

What you can do is yo get married and apply for her AOS. BUT since you're only a green card holder the process will take 2 years and during this time she will need a legal status in the US all the time. If she goes illegal at any time during waiting, her green card will be denied.

For reference, you would only marry and then file the I-130. You can't file for AOS until the PD is current (technically within the proper filing chart period at the time you file the I-485...since it can change between Dates for Filing or Final Action Dates: https://www.uscis.gov/visabulletininfo)

[Paulypaul 0]

15 minutes ago, Paulypaul said:

My girlfriend has a J1 visa.. her visa will expires this coming july, what should we do for to stay here in the U.S?? I as a boyfriend i am a Permanent resident can i do something about it? can someone help us what should we do.? is it a good idea for her to apply a toursit visa or we get married here and apply for I-130? my main point here is just to make her stay Here in the U.S? guysss please help.. thanks!

so how about?? when she apply for a toursit visa before her J1 visa expire, her friend say's that when you apply for a tourist visa while your here in U.S. you can wait for the result here even your J1 visa expires already.. is it true? which is really questionable to me.. 

 

[geowrian 22,337]

4 minutes ago, Paulypaul said:

so how about?? when she apply for a toursit visa before her J1 visa expire, her friend say's that when you apply for a tourist visa while your here in U.S. you can wait for the result here even your J1 visa expires already.. is it true? which is really questionable to me..

Is it possible? Yes (Well, B-2 status...no actual visa is involved). This is called Change of Status (COS). While the request is pending, you are permitted to remain in the US. At the same time, if denied then she very likely won't be coming back to the US until she gets an immigrant visa. It's just buying a few months in a 2+ year process.

[Roel 7,192]

1 hour ago, Paulypaul said:

so how about?? when she apply for a toursit visa before her J1 visa expire, her friend say's that when you apply for a tourist visa while your here in U.S. you can wait for the result here even your J1 visa expires already.. is it true? which is really questionable to me.. 

 

Doesn't really matter because she gains max 6 months while she needs to be legal 2 years while the spouse visa process. 

 

If you want to avoid any problems and have her green card approved without issues this is what you need to do:

1. She has to leave before her j1 visa expires. Before she leaves, get married. 

2. File i-130 aka cr1 visa for her. Process takes 2 years. 

3. From her country she can apply for torusit visa and visit you during the process. Careful to not overstay even 1 day. 

4. Once the cr1 is approved she can pernamently move to the USA. 

5. Profit! To be honest this is the safest way. You're both adults. Deal with the separation  just like everyone else. 

[Paulypaul 0]

how about? get her married here and then apply for I-130 and then... while its pending? can she change her status into B-2 just to buy sometime?? is it gonna be complicated to apply a I-130 and change her status to a tourist?? Or the Vice-Versa? 

[Canerican 242]

OP, listen to other people’s advice. You can marry your girlfriend before she leaves the USA and then apply for spousal visa (CR-1 is the visa category, I-130 is the forms). Your girlfriend again will have to leave for her home country and then wait for a visa interview at a consulate in her home country. While she is waiting for the visa to be processed she can apply for a tourist visa to visit alone. At no time can she stay even a day longer than given. As well do not think that if she gets a tourist visa that she gets 6 months in the USA. She will get whatever time US CBP allows. As well when your girlfriend applies for the tourist visa she has to prove to the immigration officer that she will return to her country after visiting. As well if you by any chance become a citizen that can expedite the process of the visa. You have been given good advice. If you do not adhere to it there will be consequences as others have posted.  Hope all goes well. 

Edited March 31, 2018 by CDN(ON)-USA(VT)

[geowrian 22,337]

1 hour ago, Paulypaul said:

how about? get her married here and then apply for I-130 and then... while its pending? can she change her status into B-2 just to buy sometime?? is it gonna be complicated to apply a I-130 and change her status to a tourist?? Or the Vice-Versa? 

She can try, but as I stated twice above now, this has considerable drawbacks.

 

41 minutes ago, CDN(ON)-USA(VT) said:

You can marry your girlfriend before she leaves the USA and then apply for spousal visa (CR-1 is the visa category, I-130 is the forms).

F2A preference visa (FB-2). CR-1 is for the spouse of a USC.

[Canerican 242]

1 hour ago, geowrian said:

She can try, but as I stated twice above now, this has considerable drawbacks.

 

F2A preference visa (FB-2). CR-1 is for the spouse of a USC.

Thank you for clearing that up. 

[Coco8 1,042]

OP you don't want to mess up. If she overstays or does something wrong, it will not be forgiven because you are a permanent resident. There is no waiver, no nothing. 

 

You want to be on the safe side. She can leave the country and while you guys are waiting for the i-130 (two years), she can still get a visitor visa and visit you. You can also visit her. 

 

Also, depending on which type of J1 she has, she might be able to extend the J1 program she is in. However, if she is nanny, that would not work because she cannot get married while she is an au pair (contract restrictions). 

 

Her J1 should give her 30 day grace period one her J1 program ends. You should confirm that with the people running her program.

 

[monica7777 40]

19 hours ago, Paulypaul said:

so how about?? when she apply for a toursit visa before her J1 visa expire, her friend say's that when you apply for a tourist visa while your here in U.S. you can wait for the result here even your J1 visa expires already.. is it true? which is really questionable to me.. 

 

Where is your girlfriend from? The only way I have seen what you are suggesting work is you are close to the border and she can apply for a tourist visa at the Consulate in her country. Once granted, she could re-enter and stay for the time she is granted. Is this your situation?