Can my girlfriend come back to the US on a tourist visa after her J1?
Just like the title says. My girlfriend has been in the States for five years, and her J1 visa ends soon. I don't believe in marriage; it is what it is. We talked about me flying her back to the States twice a year. How likely is it that she gets approved for a tourist visa, and what are the rules? Thanks
There are too many variables to give a straight answer, but I'd lean toward no. 1. For a B1/B2 she'll need to prove strong ties to the Philippines: family, a job, a business, school or something similar. Since she's lived in the US for five years, I'm guessing she doesn't have ties that would count. 2. Even a suspicion that her ‘tourism’ means being with a romantic partner is a huge red flag. 3. She'll need to convince them she can support herself during a long trip in the US. If she's wealthy herself or has a rich family, maybe that works. Otherwise, getting support from you is itself a red flag. 4. The visa is one thing; US border inspection is another. The stories need to line up, especially if you want to use the visa a second time or avoid being refused entry on the first trip.
It's possible, but it won't be automatic. Here's how it works. Having been on a J-1 doesn't stop her from getting a tourist visa. People often think the two-year home residency requirement (212(e)) blocks everything, but it doesn't. It only blocks H-1B, L, K-1 and green cards until she's spent two years back home. A B-2 tourist visa is still allowed, even during those two years. She can check her DS-2019 and her visa stamp to see whether she's subject to it. The hard part is the same thing every tourist visa applicant runs into: she has to convince the officer she'll go back home. After five years in the US, her base back home is probably pretty thin: no job, no place of her own, and a lot of her friends are here. On top of that, she has an American partner. That's the classic case officers deny. Before applying, she'll need to rebuild a life back home: a real job, her own place, some time living there. Applying right after leaving the US is the worst timing. Waiting a few months to a year and getting settled makes a big difference. She should apply from her home country and be completely honest about you. Lying about the relationship can get her banned, which is far worse than a denial. If she's from a Visa Waiver country (most of Europe, Japan, Australia, etc.), she may not need a visa at all and can visit for 90 days on ESTA. Same rule applies, though: CBP (US Customs and Border Protection) can turn her away at the airport if it looks like she basically lives here. On the twice-a-year plan: a B-2 entry can last up to six months, but that doesn't mean she can stay six months, leave and come right back. If she spends as much time in the US as at home, CBP will eventually decide she lives here and refuse entry. Two shorter trips a year, around 2–4 weeks each, is reasonable and pretty common. Keep visits clearly shorter than her time at home, and make sure she always has a return ticket and a job to go back to. Sometimes meeting in a third country takes some of the pressure off. One more thing to know: if you ever want her here long-term, there's basically no way to do it without marriage. The fiancé visa requires a plan to marry, and there's no visa for unmarried partners. That's your call, but it's better to know now than to find out later. TL;DR: yes, it's doable. Give her time to build a real life back home, keep visits short, and be honest at every interview and every entry.
Does your girlfriend not believe in marriage either? If she does, what's the point?
I thought a J1 required you to spend two years outside the US after it ended?
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