Possible to reenter US on a tourist visa after J1 expires?

L

Loebas

Registered Users (C)
I have a J1 visa and I just got married to a USC and we will have a wedding ceremony in April 2012. We might not apply for a GC and move to my home country (the Netherlands) after the wedding. My J1 will expire in December 2011 so I would have to leave the US in January but I would like to stay until the wedding.

Would it be possible for me to travel outside the US in January, come back on a tourist visa and leave after the wedding in April?

I have heard that this will not work but I don't understand what exactly the problem would be. I understand that reentering the US the same day looks a bit suspicious but how about a week later or a month or a year? Clearly it should be fine to visit the US later for vacation? I would only go back to be with my wife and not apply for a GC or anything suspicious/illegal.

As far as I'm concerned, the 2 year foreign residency requirement does not prevent me from reentering on a tourist visa. (I am subject to the 2 year but applied for an advisory opinion.)
 
I am subject to the 2-year rule but I am waiting for the advisory opinion cause there's really no reason why I should be subject to it.
 
Yes you can!

Loebas said:
I have a J1 visa and I just got married to a USC and we will have a wedding ceremony in April 2012. We might not apply for a GC and move to my home country (the Netherlands) after the wedding. My J1 will expire in December 2011 so I would have to leave the US in January but I would like to stay until the wedding.

Would it be possible for me to travel outside the US in January, come back on a tourist visa and leave after the wedding in April?

I have heard that this will not work but I don't understand what exactly the problem would be. I understand that reentering the US the same day looks a bit suspicious but how about a week later or a month or a year? Clearly it should be fine to visit the US later for vacation? I would only go back to be with my wife and not apply for a GC or anything suspicious/illegal.

As far as I'm concerned, the 2 year foreign residency requirement does not prevent me from reentering on a tourist visa. (I am subject to the 2 year but applied for an advisory opinion.)
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The 2-yr HRR does not allow you to work or immigrate to the US during the period but does not bar you from visiting for business or pleasure.

Reference: http://travel.state.gov/visa/temp/types/types_1267.html#15

To quote, "Change of Status and Waivers of Requirement - If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. "

Nothing prevents you from the statement above to get a B visa for tourists.

Galantry
 
I have the same problem, I want to go to Bahamas in the Grace-Period, but I can't reenter, so I would like to come back with a tourist visa. So does anyone have experiences, or knows for sure, if that's possible? Because I heard, that I can't do that, because Bahamas is adjacent to the US.

Best,
Chrisko
 
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