from J1 to B2? Need advice, please

A

asophie

Registered Users (C)
Hi

I am currently under a J1 visa that will end in a few weeks. I will start a Master program in a business school in my home country next September, but my fiancé, who is French like me, is working in the US and I would really want to stay with him in the US until I start my Master. I am thinking about applying for a B2 visa. But I would like to have some advice to avoid a denial.
1) Is it better to go back to my home country to ask for a B2 at the consulate, or apply for a change of status from my J1 directly from the US? I have heard that such a change of status is often rejected?
2) Should I mention that I want to stay a little longer in the US to be with my fiancé, knowing the fact that he is French, meaning that I am not asking for a B2 to get married to a US citizen, or any love story should be avoided…
3) Can a document from my future business school mentioning that I will be back in my home country in September would be strong enough to avoid a denial?

What happen if the B2 application is rejected? Can I still come for a shorter stay without a visa as France belongs to the Visa Waiver Program?

Thanks for your help

AS
 
> 1) Is it better to go back to my home country to ask for a B2
> at the consulate, or apply for a change of status from my J1 directly
> from the US?

How much time do you have left on your J1 ? You don't want to be caught in a situation where your J1 is expiring while your COS petition is pending. If it gets denied, you have out of status time, something to avoid under any circumstances.

> 2) Should I mention that I want to stay a little longer in the US to be
> with my fiancé,

Wouldn't mention that word. It leads to panic attacks and dizziness spells in USCIS employees !
How about marrying him. That way you can get a J2.

> 3) Can a document from my future business school mentioning that I
> will be back in my home country in September would be strong enough
> to avoid a denial?

It will be one of the documents the consular officer can use to determine that you don't have immigration intent. Others are apartment leases and bank statements.

> What happen if the B2 application is rejected? Can I still come for a
> shorter stay without a visa as France belongs to the Visa Waiver Program?

I am not sure. But I believe to remember faintly that there is an issue on the green I94W asking whether you where ever denied admission to the US or whether you ever had a visa cancelled or denied. They advise you to apply for a visa if you ever had trouble before.




Of course you could just finish your J1 and return for short trips on the VWP. As long as you don't work or study during the VWP admission you should be fine.
 
just one more thing:

Do you have a 'foreign residency requirement' in your J1 ?

and:

btw. there are organizations that sponsor J1's for cash. Usually in combination with some sort of internship. This way you might be able to get another DS2091 allowing you to stay in the US until your business school starts.
 
Fortunately, I do not have this 2-year residence requirement on my J1. However, you cannot usually transfer a J1 from one company to another, except if there is something wrong with the original hosting company. My current company indeed has some serious financial difficulty and is not able to extend my internship, at least right now. But as my J1 expiration date is in less than 2 months, it is too late to ask for a transfer of my J1. That is what my internship sponsor organization told me...
 
hadron said:
just one more thing:

Do you have a 'foreign residency requirement' in your J1 ?

and:

btw. there are organizations that sponsor J1's for cash. Usually in combination with some sort of internship. This way you might be able to get another DS2091 allowing you to stay in the US until your business school starts.
Click to expand...

What kind of organizations are they? How can i find them? Do u know any of them?
Thanks!
 
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