J Visa

B visa while GC pending or similar situation

Question details

After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.

I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Does J-1 HRR Prohibit Issuance of F-1?

Question details

If someone came to the US on a J1 visa with a residency requirement of two years and that person returns back to the home country and then would like to return to the US on an F1 visa to continue a master's degree, can a visa be issued before the residency requirement is completed and does the new F1 visa if given, get rid of the J1 residency requirement?

The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.

Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.

J1 Waiver Approval

First of all my thanks to everyone who posted their comments and precious suggestions to help ppl makin their ways easier in immigration process. Below is my complete timeline of applying and getting J1 waiver.

Nov. 8, 2006 - Forms and affidavits got notarised to be sent to CGI Houston
Nov. 9, 2006 - Sent to CGI Houston for attestation
Nov. 10, 2006 - CGI Houston Recieves Documents and passport
Dec. 5, 2006 - Attested Documents return back to me (to be sent to authorities in India)

Nonimmigrant Visas