Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Visa J1 Au Pair Out of Status Less 180 Days Want Marry Cuban Permanent Resident

    I have a visa J1 au pair (2 years rules does not apply),I left my program since 4 months because I had a very bad experience with my host family and didn't find others,so my agency told me to leave USA in April but I didn't because my boyfriend wanna live together and marry me.So I am out of status since 4 months,less of 180 days.

    But he is Cuban and will be able to fill out an application for green card in september 2011 so in one month (Cuban adjustement status) because he have been 1 year in the country.

    - but caused by my money,he s alone to work so maybe able to make application in few months because it s expensif,maybe after my expiration date in december on my D/S 2019 form. But In is case I will be out of status for more to 180 days.So ;

    .-I don't know if we have to marry and put application together for residence but I will out of status more of 180 days and I don t know if i will able to fill out an adjustement of status or eligible to get a green card.

    -or I think to leave the country before 180 days for avoid the reentry bar and come back.(more hard for get visa in the future)

    But I heard about with the Cuban adjustment,even if I am more than 180 days,I will eligible for green card and adjustement of status.Im not sure of that!

    Because I read about legal permanent laws that don t allow the spouse to stay in the country until he s a citizen (that can take many years!!) but not eligible to green card if over of 180 days of unlawfully presence.

    And read cuban adjustement laws that is different because I saw that he can make an adjustement of status even if I am out of status and able to stay with my husband in the country.

    I don't know what to do?just wanna an advise without taking an immigration attorney.I want make things right and avoid problems with immigration.

    So Do I have to leave now and come back? or stay in out of status in waiting to marry? And pay a fine for overstay?

    No criminal record,have been a good citizen,just wanna stay together and live an normal life!

    Please Help!

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa J1 Au Pair Out of Status Less 180 Days Want Marry Cuban Permanent Resident

    If you want to seek status based upon your marriage to a permanent resident, yes, that entails marrying the permanent resident.

    I'm not going to speculate on what will happen as a result of your overstay if you return home; even if that does not create ineligibility it could create problems upon reentry, and your nation of origin may be relevant to an analysis. If you want somebody to tell you what the consequences will be if you return home, you should consult an immigration lawyer. For that matter, should you attempt to remain in the U.S. based upon your marriage to a Cuban national under the Cuban Adjustment Act, it would be sensible to discuss your plan with an immigration lawyer to make sure that you meet all of the requirements of that Act.

    1. Sponsored Links
       

Similar Threads

  1. Removal (Deportation) and Reentry: Permanent Resident Status After Naturalization Denial
    By sssrt4 in forum Immigration Issues
    Replies: 2
    Last Post: 12-20-2009, 02:18 PM
  2. Removal (Deportation) and Reentry: Citizen Wants to Marry Her Permanent Resident Boyfriend Before He's Deported
    By mrsnewman in forum Immigration Issues
    Replies: 1
    Last Post: 04-01-2009, 07:40 PM
  3. Marriage: Permanent Resident Married to Non-Resident-Out of Status
    By civma in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-11-2009, 02:04 PM
  4. Marriage: Permanent resident and trying to marry
    By jrx in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 12-03-2006, 10:05 PM
  5. J Visas: Au Pair Losing J1 Visa Status
    By kbunney in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 06-30-2005, 04:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources