Can J-2 dependent stay in USA while J-1 principal is traveling? [closed]

My wife and I are both French citizens. I am currently doing a post-doc in USA on a J-1 visa, and she is staying with me on a J-2.

Next spring/summer, I would like to spend a few months in my home country for job interviews and vacation (while keeping my legal J-1 status). My wife would like to stay, in order to follow some university classes. (She has no official status as a student, but she attends them as a free auditor.) She would spend something between a week and a month in the U.S. without me.

We have not figured out the precise logistics yet; here are some possible scenarios:

I go to France alone for a couple of weeks, go back, and then we go to France together for three months.
I go to France alone; my wife joins me there a month later; we return together three months later.
I go to France alone; my wife joins me there a month later. While there, I learn that I get a job. I resign from my U.S. position, cancel my visa and neither of us returns to the U.S. in the fall.

Would any of these scenarios raise any issues with U.S. border authorities? (I have found conflicting information concerning the maximum duration of an unaccompanied J-2 stay - from "a few days" to "5 months".)

In the case this is not allowed, is it an option for my wife to do a hop to Canada the day before I leave and re-enter on a VWP? or would it be considered fraud?

Best Answer

I realize this is not your program, but it is a US Federal Agency applying the J-1 visa regulations, and the explanations respond to your concerns:

Travel Outside the United States

J-1 visa holders and their J-2 dependents can travel independently of one another. However, a J-1 visa holder cannot leave J-2 dependents alone in the USA for more than 30 days. Doing so will result in both the J-1 principal and J-2 dependents being “out of status” and possible program termination. Exchange Visitors should consult with an IVP Program Specialist in the International Programs Office when requesting travel validation on their DS-2019 forms to make certain traveling outside the US without their dependents will not jeopardize their program status.

If the J-1/J-2 visa holder goes home for a vacation, contact the US Embassy/Consulate to request information on the process of acquiring a new stamp/visa in the new passport.

Dependents (J-2 Status)

The J-2 dependents are not required to travel and enter the US with the J-1 principal, but may follow at a later date. J-2 dependents must adhere to the same regulations regarding departure dates and grace periods as the J-1 principal. Also, should the J-1 principal be out of the US for more than 30 days at a time during the course of the program, the J-2 dependents cannot remain in the US without the J-1 principal.

Although family members usually enter as J-2 dependents, they are not required to do so. They may enter as tourists (B-2) or on another visa type if they qualify.

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Can I stay in the US with an expired J-1 visa?

If your visa expires while you are in the United States, but your Form DS-2019 and Form I-94 are valid, your legal immigration status in the United States remains valid. However, if your visa has expired and you depart the United States, you will be required to obtain a new visa before re-entering the United States.

Can you bring dependents on J-1 visa?

If a J-1 exchange visitor has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as J-2 dependents. Each J-2 dependent must have a Form DS-2019. ISO issues DS-2019s for all dependents listed on the initial J Visa Request form.

Who are J-2 dependents?

The J-2 visa is for a dependent spouse or an unmarried child who is under the age of 21. J-2 status enables dependents to stay in the United States during the J-1 visitor's program.

How long can you stay in the US with J-1 visa?

Length of Time Business and Industrial Trainees Can Stay in the U.S. on a J-1 Visa. Business and industrial trainees may be issued J-1 visas for a maximum of 18 months. (See 22 C.F.R. \xa7 62.22(k).)

Employment-Based Options For J-1 Visa Holders Who Want To Stay In US

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