J-1 Visa To Visit The Us

[jeebusjones]

My girlfriend is enrolled in a well known, mid-range Thai university in Bangkok. Does anyone know if she would be eligible for a J-1 Visa to visit the US? I believe the J-1 is usually given to work and travel for 4-5 months, but she would not be working during her stay. Has anyone had any experience with this?

Thanks.

[ubonjoe]

I think you mean a B-1 or B-2 visa.

Info on visa classifications can be fournd here on the embassy website. http://bangkok.usembassy.gov/niv_visa_classification.html

[jeebusjones]

No, there is a special visa which allows foreign students to travel and work in the US during their summers. For instance, many people from Eastern Europe spend the summer working in factories or in the tourism industry, then spend a month or so traveling. I'm pretty sure it's the J-1 visa, but I'm not sure exactly who is eligible for it.

[jeebusjones]

There's some info about it here:

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

"Summer work/travel" is listed as one of the acceptable uses of the visa. I was just wondering if anyone had any experience with this type of visa, or knew how easy it was for Thai students to obtain it.

Some more info here:

http://exchanges.state.gov/jexchanges/programs/swt.html

[TongueThaied]

No, there is a special visa which allows foreign students to travel and work in the US during their summers. For instance, many people from Eastern Europe spend the summer working in factories or in the tourism industry, then spend a month or so traveling. I'm pretty sure it's the J-1 visa, but I'm not sure exactly who is eligible for it.

Let me offer this advice: Do not under any circumstances let it be known that this woman has an American boyfriend. Her application will be summarily rejected on the ground that she has not satisfied her burden to rebut the presumption that she intends to immigrate. The officer will tell her she needs to apply for a K-1 (marriage/fiancee). She should apply with complete independence from you, with her own contacts in the U.S., if any (which can be set up with your help). An written invitation from a female student or faculty member in the U.S. might be useful.

[jeebusjones]

Thanks for that advice, I'll keep it in mind. I know a lot of Eastern Europeans apply for the visa through an agency of some kind; we'll probably have to do the same.

[submaniac]

Does anyone know if she would be eligible for a J-1 Visa to visit the US?

Would she be eligible? Maybe. There are two 'issues' that may be problematic for her. The first is "does she have a sponsor"? The J-1 is not like a tourist visa where anyone can apply. In order to get the J-1 she has to be sponsored by an entity that is authorized by the USCIS. What the J-1 is for is for occupations like au pairs, or visiting university lecturers and the type. To get the J-1 she has to be sponsored by some organization in the USA, and THEY are the ones that arrange the J-1. Read the program description:

"In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories..."

Assuming she can get a sponsor, you have problem number 2: "Does she have evidence of sufficient (financial) ties to Thailand for her to return"?

Once again, see the webpage:

"Qualifying for an Exchange Visitor Visa The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:

• That they plan to remain in the U.S. for a temporary, specific, limited period;
  
• Evidence of funds to cover expenses in the United States;
  
• Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit."
  

The evidence of "compelling social and economic ties abroad" is essentially the same requirements for a Thai seeking a tourist visa to the United States. In other words, she needs to demonstrate that she has assets of 500,000 baht in a Thai bank for a minimum of 6 months.

What exactly are you trying to accomplish? Do you just want her to be in the U.S. without having to marry her? Is she legitimately going to be studying? If so, why not try for an F-1 student visa from a U.S. school. Even a short language course can qualify her for a visa. It would be alot easier to meet than getting the J-1, though the disadvantage is that she could not work. And even there there is an exception. If she found work through the school she went to (such as cleaning up classrooms or whatever) the school can sponsor her to get a social security number which she can use to work while studying. This seems easier than what you are thinking of doing.