Results 1 to 2 of 2
  1. #1
    Join Date
    May 2005
    Posts
    1

    Default Soon to be Out of Status on a J-1 Visa - Implications?

    We had an au pair that entered the country on a J-1 visa. Through the au pair exchange program, au pairs are now allowed to stay a second year. Our au pair chose to join a new host family, has had problems with the family, and left the program. Now, according to the au pair agency, she has 2 weeks to leave the US or she will be out of status.

    Meanwhile, our au pair is thinking about marrying her US citizen boyfriend and/or applying for a student visa, staying illegally through Dec. and then leaving, etc.

    My questions: if she does go out of status and then marries a US citizen, will this allow her to change her status? Also, it is my understanding that if she is out of status she will be unable to get other types of visas (i.e. student). Is this correct? And what about the 3 and 10 yr bans I've heard of? We are trying to get information for her so she doesn't make an ill-informed decision.

    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Soon to be out of status on J-1 visa...implications?

    Quote Quoting teetac
    My questions: if she does go out of status and then marries a US citizen, will this allow her to change her status?
    No. She could apply for a change of status now, or leave the country when her visa expires then try to re-enter on a fiancee visa, or marry in her home country and try to re-enter on a spouse visa.

    If she goes out of status and becomes the subject of deportation proceedings, she would end up facing a period of exclusion.

    1. Sponsored Links
       

Similar Threads

  1. DV Visa Lottery: Can an F-1 Student Change Status to Immigrant Status Through Visa Lottery
    By Farhan in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-05-2011, 03:33 PM
  2. Marriage: Is it Visa Fraud to Seek Adjustment of Status After Entering on a Tourist Visa
    By zonryza in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 09-21-2009, 06:42 AM
  3. H Visas: H4 Visa Status During H1 Visa Transfer
    By mansurul@gmail.com in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 06-07-2008, 09:06 AM
  4. J Visas: Out of Status On A J-1 Visa
    By rushketa666 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 08-27-2007, 01:48 PM
  5. Marriage: Out of Status from F-1 Visa
    By delizia in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 03-07-2006, 11:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources