Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
My boyfriend and I are going to marry in August.
I'm still on my J-1 student exchange visa and want to know what happens after the marriage. -How does it effect my J-1 status?
I am afraid of being deported. -How can I avoid that?
Am I still be able to work my job as an Au Pair?
We are going about this the legal way. We are naive to the entire process.
Any advice would help!!!
I am currently in Virginia and he is in Texas - which is the place where our marriage will be.
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
Do you have a two year foreign residency requirement? If not, consistent with the information given in dozens of threads in this forum, you would marry then petition to adjust your status on the basis of marriage. If so, you need to get the foreign residency requirement waived, or you need to spend those two years outside the U.S. before you will be eligible for lawful status (even through marriage) following the expiration of your J1 visa.
If you wish to work for compensation after petitioning to adjust your status, you can apply for employment authorization. But your sponsoring organization may not be willing to continue to extend the Au Pair position after you seek to adjust your status. I don't know their policies, so check with them. In the alternative, you may wish to consider waiting to adjust your status until your current Au Pair assignment is over, even if you marry sooner.
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
I'm from Germany and live close to Washington D.C. right now, where the German Embassy is located.
Is it a good place to go there to set up an appointment and talk to them?
-Or where else could I go to talk to?
I don't have the two year foreign residency requirement. I'm here since January this year and my visa will run out February 09. -Its a simple J-1 visa.
I would receive the two year foreign residency requirement if I extend my year as an Au Pair from this organization I am in (Cultural Care Au Pair).
Is there a way to apply for this J-1 waiver without contacting Cultural Care?
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
Here is a link to the process for adjusting your status based on your marriage to a US citizen
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
You can make an appointment with your local ICE office and speak to them about your situation. Here is the link to the appointment system. There should be an office near where you are.
http://infopass.uscis.gov/
If you marry, and procede with adjusting your status to a permanent resident, you would not need a waiver. The process will allow you to file for work authorization.
Whether the organization will allow you to continue to work as and AU PAIR if you do adjust your status based on Marriage, you need to ask them.
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
Thank you so much! These links helped a lot.
Does somebody know if there is something I could do to avoid those two years of going back into my home country?
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
My visa says the following:
preliminary endorsement of consular or immigration officer regarding section 212(e) of the immigration and nationality act and PL 94-484, as asmended : (see item 1(a) of page two)*
-the exchange visitor in the above program is NOT subject to the two year residence requirement
*thats now on page two under item 1(a):
1: i understand that the following conditions are applicable to exchange visitors:
(a) TWO - YEAR HOME-COUNTRY PHYSICAL PRESENCE REQUIREMENT (SECTION 212(e) OF THE IMMIGRATION AND NATIONALITY ACT AND PL 94-484, AS ASMENDED:
RULE: exchange visitors whose programs are financed in whole or in part, directly or indirectly by either their government or by the US government, are required to reside in their home-country for two years following completion of their program before they are eligible for immigrant status, temporary work (H) status, or intracompany transferee (L) status.
likewise, if exchange visitors are acquiring a skill which is in short supply in their home country they will be subject to the same two year home country residence requirement. the requirement also is applicable to alien physicians entering the US to receive graduate medical education or training. The US department of state reserves the right to make the final determination regarding 212(e).
Note: MARRIAGE TO A U.S. CITIZEN OR LEGAL PERMANENT RESIDENT, OR BIRTH OF A CHILD IN THE UNITED STATES DOES NOT REMOVE THIS REQUIREMENT.
It would be great if anybody could help me.
Does that mean I don't have to go back two years to my home country?
I don't really understand what they mean with "two year residence requirement". Are those the two years back home or maybe that I am excluded from the rule?
Help!!!
Re: Immigrant on J-1 (Au Pair) Wants to Marry U.S. Citizen
You just told us that you are "NOT subject to the two year residence requirement". We have to take your word for it, as we cannot read your documentation. If you are confused, run it past a lawyer.