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J-1 Visa Holder Planning To Get Married

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  • 11-06-2007, 05:50 AM
    pinkstory
    J-1 Visa Holder Planning To Get Married
    I am in the USA with a J1 visa , I am not subject to two year rule , my visa expires Feb 2008 , I was an au pair ( nanny ) but I left the program 5 months ago. My questions is:
    1. Am I out of status right now since I left the program ?

    After I left the program , A company hired me to be their bookkeeper ( Im an accounting graduate in my country ). I am working for them and they are willing to sponsor me for a work visa. They told me that we will apply for work visa on January. My question is :
    1. Will I still be granted a work Visa since I work for this company under a J-1 visa. They deduct withholding tax & social security premiums from me?

    I have an american boyfriend right now & he asked me to marry him. Is this the best option to stay in the USA? What problems will I encounter given all these situations.

    Thank you..
  • 11-06-2007, 07:29 AM
    Mr. Knowitall
    Re: J-1 Visa Holder Planning To Get Married
    From what you say, you appear to be out of status and working illegally.

    As you're not subject to the two year rule, and plan to marry, your best approach is probably to marry your boyfriend then seek to adjust your status on the basis of marriage.
  • 11-06-2007, 05:08 PM
    pinkstory
    Re: J-1 Visa Holder Planning To Get Married
    Thank you for your quick reply.
    If I marry my boyfriend and stop working for this company . Is there a big possibility of disapproval of change of status when I apply after our marriage? I read an an article from one of the forums that so long as Im not overstaying here ; I am not out of status. Kindly enlighten me.



    Thanks;
    Pinkstory
  • 11-06-2007, 08:23 PM
    Mr. Knowitall
    Re: J-1 Visa Holder Planning To Get Married
    I'm assuming your program sponsor has reported your resignation to the USCIS.

    I can't guarantee what will happen when you seek to adjust your status. I don't think it is particularly wise to work illegally, but what's done is done.
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