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  1. #1
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default 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.

  2. #2
    Join Date
    Jul 2008
    Location
    Alexandria, VA
    Posts
    7

    Default 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?

  3. #3
    Join Date
    Jul 2008
    Location
    Alexandria, VA
    Posts
    7

    Default 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!!!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

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