Already in US can present Visa be changed?

[Mtnmansummit]

I have been dating a Ukrainian woman who is in the U.S. on an Exchange Visa. If we become serious what are the ramifications upon her Visa? Can the status or type of Visa be changed? If we were to get, married, can she stay in the United States? What are the possibilities that she would be sent back to the Ukraine and a new Visa  application process begin? Can she be deported and not have a chance of regaining entrance to the U.S.? What are our options?

[ECOCKS]

You don't say which of the 12 categories of Exchange visa she is on but here is some info:

From the US Embassy site, Kyiv:

The Two-Year Foreign Residence Requirement of Section 212(e).

"Certain J-1 and J-2 exchange visitors are subject to the two-year foreign residence requirement of the Immigration and Nationality Act, Section 212 (e). These exchange visitors must reside and be physically present in their country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States. These exchange visitors are not allowed to change their nonimmigrant status to any classification (with limited exceptions) or to be admitted to the United States under the fiance(e) (K visa), temporary worker (H visa)or intracompany transferee (L visa) nonimmigrant visa categories, or to acquire immigrant or permanent resident status ("Green Card") until they have complied with the foreign residence requirement." <emphasis added>

extensions of limited duration are possible,

"A prospective J-1 exchange visitor may apply for a J-1 visa at any time as long as he/she receives Form DS-2019 and this form remains valid. However, a J-1 exchange visitor may not enter the United States earlier than thirty days before the initial program start date as given on a Form DS-2019. Applicants continuing on an exchange visitor program are not subject to this restriction. All J-1 visa holders are granted an extra thirty (30) days following completion of the exchange visitor’s program. This 30-day period is known as a "grace period". During these thirty days J visa holders are allowed to travel within the U.S. and/or to prepare for departure from the U.S., and for no other purpose."

and, if an au Pair, you MIGHT be able to extend:

"Duration: Participation in the Au Pair or EduCare program is limited to one year/one U.S.Sponsor Organization only. Au Pair program can be one-time extended for additional six, nine, or twelve months beyond the original twelve months. Repeated participation in Au Pair program is prohibited."

[Enot]

The status of a visa can't be changed.  Have her apply for a tourist visa.  These are good for 1-10 years.  As long as she returns to the Ukraine when her exchange visa terminates, she should have no problem entering the USA again.

[ECOCKS]

10 year tourist visa?

That is something I never heard of.  DO you actually know someone who has one of those?

[Enot]

Yes, my wife's friend.  She visited us last summer.

[ECOCKS]

Interesting.  I talked with ACS staff and they said five was the maximum and there is this statement on the website:

Now that I have a U.S. visa, how long can I stay in the U.S.?

The Consular Section currently issues two types of visas for Ukrainian citizens. They are:

* A single-entry visa, valid for six months;
* A multiple-entry visa, valid for five years.

The validity of the visa only determines the time frame that the visa-holder may enter the U.S. For example, anyone with a single-entry, six-month visa may enter the U.S. one time during the six month period.

USCIS at the port of entry will determine how long the visa-holder may remain in the U.S. USCIS has stated that applicants who require stays of longer than thirty days may be granted a longer stay if they can justify reasons for a longer stay when they enter the U.S.

When I googled, there are a couple of private immigration assistance companies who make the claim that these are available so there must have been some basis for this practice at some point.  Maybe they discontinued this policy.

[Enot]

I checked with my wife again, she said it was for 10 years.  Another friend's mother also has a 10 year visa to the USA.

Immigration people are probably like IRS people, you ask a question to 10 different people and you get 10 different answers.

[Mtnmansummit]

If we married before any applications what would happed?

[ECOCKS]

I doubt it has any bearing.  If she is under the foreign residency requirement, she has to return to Ukraine for a minimum of 2 years before seeking an immigrant visa.

If you want suggestions, I would say you can:

1.) begin making plans to visit Ukraine regularly
2.) move to Ukraine for a couple of years
  2A) move here, wait 2, then apply for a fiance' visa
  2B) move here, marry here, wait 2, then apply for spouse visa
3.) try to figure out whether you can appeal

Of those, I think 2B is your best bet, but we don't know all the details.  What is right for one is not right for another.

[Enot]

If we married before any applications what would happed?

Nothing will happen.

Just remember to get her tourist visa approved before you apply for a fiancee/spousal visa.  Once you show intent of entering the USA with a "permanent" visa (such as a fiancee or spousal visa) it will be more difficult to get a temporary visa approved.  I ran in this problem during my days of applying for a visas for my wife and her son.

[ScottinCrimea]

I see a few references to 10 year multiple entry visas, but nothing recent and nothing in the official info that suggests this is still an option.  There is a sharp warning that, should the officer at the poiint of entry note anything that suggests too many comings and goings, for example, only a day apart, or signs that the visitor is "stringing visits together" such that it appears this person is actually living in the US rather than just visiting, he can deny entry into the US.

I understand your desire to find a way to get around the visa requirements so you don't have to spend time apart, but you run the risk of causing many more problems for yourself if you try to skirt the rules.  You may get away with it, but if you don't, you had better plan on moving to Ukraine.

[Enot]

The 10 year visa may be something new.  My friend's mother's was issued early last summer and her friend's was issued early last fall.  The maximum you can stay at 1 time is 3 months and not to exceed 6 months within a year.

The fastest way to get her here "permanently" is to file a finacee visa (form I-129F).

[ECOCKS]

None of which is relevant to the OP.

His GF is in the country on an exchange visa and we don't know what type. 

My apologies for bringing up the question on the 10 year, multiple entry visa since we are now way off-topic.  I will pop up a new thread for the continuation of that issue.

[Enot]

True but he did ask if she can stay in the USA.  The only way is through a visa like a fiancee or spousal visa.  I also know people that came over on a work visa and stayed until they got citizenship.