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  1. #1
    Join Date
    Jan 2011
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    1

    Cool J-1 (Au Pair) Visa Marrying a U.S. Citizen

    Hi all, here is my situation -

    I am an Australian citizen, currently on a J-1 visa (Au Pair). My boyfriend (a US citizen) and I are planning to marry in August this year.
    I have been in the US since November 2009, I extended my J-1 visa for an additional 9 months from November 2010. My visa is valid to September 2011 (including 1 "free" month without working rights).
    I met my boyfriend in December 2009 and we are very in love nothing funny there (I know what they say about Au Pairs!! hahah).

    All of the research we have tried to do and people we have talked to have left us rather confused. Really hoping someone will experience/knowledge on the topic can help clear things up for us. Here are the questions:

    1. I understand my visa is subject to the "two-year Foreign Residency Requirement". Obviously we do not want to do this, I know there are ways around it. How do we start the process for a waiver? how much time could this take? do we need to do this after marriage or can we start now with my current status?

    2. I have heard that processing my change of status can take several months in which I cannot work or apply for a new drivers license, but can stay in the country. How long should we expect this to be?

    3. I understand that a requirement of the J-1 visa is that I cannot be married. My drivers license will expire this August. Is leaving the program early to marry a bad idea? Can there be a negative impact? I am worried that I will not have enough (legal) time in the US to process my visa.

    4. What about just getting married and THEN processing everything/changing status? is this maybe the simplest/best way to go about it? or must I apply and process PRIOR to marriage?

    5. Finally - how much should we expect all this to cost??

    Thanks so much in advance to anyone who can help us. Obviously we are a little uncertain of how to start going about all this!

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