J-1 (Au Pair, no 2 year requirement) Getting Married

[LakeLiving 0]

My fiancé (from China) is in the US on a J-1 Visa (no 2 year requirement) as an Au Pair. I am a US born citizen.

 

Her first year of Au Pair work is finishing next week, and she's due to start her new work assignment on August 1st.

 

We want to cancel her 2nd year of work, and get married August 27th, then file the adjustment of status paperwork.

 

I'm not sure about the timing here. If she cancels her 2nd year her J1 might be terminated. If that's the case, can we adjust her status after marriage no problems?

 

Does she need to continue working as her 2nd year until the paperwork is submitted and approved? I'm not sure about the timing here.

Edited June 26, 2017 by LakeLiving

[Coco8 1,039]

With the J-1 she has a grace period of 30 days after it expires.

 

What does her visa or DS 2019 say? When is the last day?

 

If you cancel the 2nd period, I think she would be allowed to stay 30 days past the end date of her first period. So if the first period ends July 1, she would have to leave before July 30/31. (**) Although staying past this date is forgiven if she gets married to a U.S. citizens (as long as you AOS in the U.S. as you want to do), she would be deportable if an ICE agent asks for her information or in some places, even if you get in a car accident police could ask for her information and report her.

 

I would recommend you marry before August 27. If for some reason you want to do a party that day, you can still get marry in a court house before and submit the paperwork, and then do whatever you want on August 27. 

 

Also, the AOS paperwork takes a long time to put together so you should start with that now, regardless of the date you want to get married. She needs a copy of her birth certificate. And make sure you have the money for the fees.

 

(**) She can call the agency and make inquiries. Maybe if she cancels at the last minute you could move the grace period forward. But August 27 could still cutting it short.

 

Edited June 26, 2017 by Coco8