Hi Everyone

I in need of some help. My girlfriend from Russia came to the United States on a J-1 Visa- Au Pair Visa(without the 2 year requirement to return) in Februrary. I met her in April and we have been together since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse to get our marriage certificate and get married. She already as a SSN. The questions I have are the following:
Once we get the marriage certificate, do I begin filling a I-130 and her a I-485 along with a Work Application for Employment (I-795 I think)?
Can we mail these simultaneously together since she is already here in the United States?
How long does it normally take to get approval to work here in the US?
While the process is taking place, is she legal to stay here in the United States even after her Au-Pair J-1 Visa expires?
What steps would you take?

Thank you for your help :-)

Yes. Submit entire AOS packet plus EAD and AP (if she wishes to travel overseas)




Once her AOS is duly received and accepted by USCIS, her status changes to Adjustment Applicant. She will be legal to stay. She will be legal to work once her EAD is approved. And, she can go on internationl travel if she applies and gets approved for an Advance Parole (AP). Processing times will vary.

Thanks for your help.
"Adjustment Applicant"........does this mean that her AOS has been accepted but not yet approved?
To accept an AOS, does this take more than 3 months. The reason I say this is because we hope to get all the paper work in before Christmas, giving us about three months to get her AOS accepted.

Thanks
BCCRAGE

While it isn't exactly encouraged by USCIS, there is no legal reason that you can't do this (it happens quite often). As said above, file an I-485, I-765, I-131, I-130, and G-325 forms together. The I-130 petition is the basis for the I-485 (AOS).

As for time, expect about 6-8 months until the interview (more or less).

Does her forms (I-485, etc) have to be sent to Moscow as well?

No - everything would be sent to Chicago. It will all be processed here. (She may need to get some documents from Russia though, if she had ever been married, records of shots, etc..)

This is not entirely true. Your girl friend can continue to work as long as her J-1 is valid even though her AOS is pending. She is not out of status on J-1 by the virtue of marrying you. She can also change employers with ease unlike the guys who come on H-1B and the like.
And if her J-1 is a multi-entry visa, I don't think her AOS would be abandoned if she left the country and returned, but I might be wrong on this. Remember, that K-3s can go back and forth as well as it too is a multi-entry visa.
But as others have suggested just file your AOS and wait for a simple and much faster approval then the rest of US who have petition our significant others from outside the US. You have been blessed.
As for documents from Russia, don't panic, wait until they ask for them.

Very quickly, what was she doing in Russia prior to coming here, if I may ask?

She was going to school at I believe to be called "St Petersburg University." After two years there, she decided to try the Au-Pair program.

Thanks for your help....
I spoke with an immigration officer this morning with my case. The officer told me that because she has a J-1 visa, she has maximum 30 days after visa expires to leave the U.S. even if the AOS form is in process but not yet approved. My girlfriend and I are trying to get all of our forms mailed out by December ASAP; however, her current J-1 visa will expire in mid-Feb 2007 giving her 30 extra days thereafter. I don't believe we could get all of this approved for her to stay here in this time limit. Please advise........
She has the option of renewing her Au-Pair program for one more year, which I would hope give us time to get the approvals we need; however, with the program paying her only $140 a week to nanny two kids 40 hrs a week.........we were hoping for a better alternative.

Is this true that she must return if the AOS has yet to be approved........if she wants to stay legal of course?
If its true.......is there some type of waiver we can fillout to fix this problem.

Thanks again
-Brett

Sat knows more about USCIS procedures than I do, but I think that what you were told is somewhat misleading.

Her legal status, assuming you marry, file all these forms, and get the NOAs back, would be "Stay Authorized by Secretary of State" (or something like that).

The NOA date for the I-130 petition is what will matter. (The risk is that USCIS starts deportation action while the AOS/I130 case is pending. This is highly unlikely. If it did happend, an immigration judge would look at the date of the NOA for the I130, if it was before USCIS started removal actions, it would grant her relief until the case is adjudicated.) Even if she went out of status, nothing is likely to happen. It would not prevent you from marrying or her from adjusting status. From inside the US, the visa overstay would not have any real impact on the AOS. From outside the US, it could trigger a ban (depending how long the overstay was).

The I-130, which is the basis for the AOS, can either be done in the US or at the consulate in Moscow. Assuming there are no special circumstances, it will probably be done in the US. It is up to USCIS to decide where this happens. If they send it to Moscow, you would be getting a CR-1/K-3 visa. Chances are, it will be approved here.

My personal opinion - if it is possible to extend the J-1 - do that. Marriage is a very big decision. You would still be in the same situation next year. It sounds to me that this is being rushed. Talk to an immigration lawyer (I'm not an expert on J-1's), but assuming she gets that for another year - I don't think she will have a problem taking another job. (There are some quirks about this though, talk to a lawyer)

This doesn't sound right. Once you submit your I-130 / I-485 your I-485 will give you an authorized stay by the attorney general until final action is done on your application. I believe the immigration officer is wrong. If anyone one here knows please speak up.
As stated before a J-1 visa holder can apply for another job. Even abandon this one. She is in status according to the date on her I-94. Unlike a H-1B where the employer's name is written on the I-94 limiting you to that employer until you file a new I-129 with a new employer.
But, there are at least 12 different J-1 visa types which all have different rules. Check with her sponsoring institution and an immigration attorney if you are not sure.

If you guys go ahead and marry she will not have to return anywhere unless you are denied adjustment of status. Being out of status would not be one of the grounds.

No waivers are needed if you stay in the US. Assuming the immigration officer was right and you were out of status until approval, immediate relatives such as spouses will not have their unlawful presence used against them during adjustment.

Everything Russ said was correct, but he is looking at the worst case scenario in which your wife would be put in removal proceedings for being out of status. And I agree with him that an immigration judge will delay the processes until the I-130 is approved and then will adjudicate the I-485 right there in court.

But I can't imagine it ever getting that far. You will most likely remain with the paper pushers (USCIS) unless she is picked up for some kind of crime.

Wrong. J-1 isn't dual intent. You can't travel on it while AOS is pending unlike you can on say, an H-1B.

For Aupair - if you leave the program (find another job and abandon the program) then she would be out of status. That's what I understand anyway from working as an aupair and with the aupair office in Bangkok. But if she stay for the second year she would get about $20-$25 more per week.. (dont really rememebr.. been a year ) But for one thing... the $140 that she gets is a "net" coz she wouldnt have to pay for anything else.. oh well.. i thought it was quite enough for me But i understand it's not that much but i think overal it's really nice.

But I know several aupairs who get married after one or two year witht he program and AOS just fine. (and they get married after finish the program. so i'm sure you will be fine.



Edit to add that J-1 for aupair is multiple entry for only one year.. so if she extend it for a second year she cannot leave the country and come back.

That's flat untrue (and your first lesson in using caution to ask CIS for immigration help). Once her I-485 is accepted for processing (takes about 3 weeks to get entered in the system, from mailing), she is allowed to stay until a decision is made.



Attorney General?


Splitting hairs, but I think it's the I-485 that is important to the immigrant; that is her application to Adjust.



How would the I-130 be diverted to Moscow? Only if it were submitted alone, and to a Service Center. When sent with a concurrent I-485 filing, the two forms stay together for adjudication.
She doesn't need a visa. On the face of it, she appears eligible to adjust her status from inside the US.


I agree that there is an additional pressure on to get things donw by February & I hate it when immigration decisions run people's lives.
I also agree that a consultation with a lawyer is a good idea for anyone with a previous immigration history.

The example I use is from personal experience. A ski resort near by always hired J-1 visa holders from South America to work. Most of them quickly realized that the ski resort wasn't paying them much. So they got second jobs at nearby restuarants. Others left all together. Most of them confirmed that their program allowed them to change or add another employer. Perhaps everyone involved was breakng the law.

I'm thinking their restaurant work may have been on the QT! My J-1 was non-transferrable, it was a work-study programme, I was teaching at the same school as I studied. Any J-1's that I know of are issued for specific programs, usually through colleges and are related the student's areas of study.

Thank for the correction.
Here is an interesting comparison on the subject.
http://www.stanford.edu/dept/icenter/Inter...info.table.html

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled. Therefore, if you wish to work, you would need an EAD and AP would be required in order to reenter the US. The only non-immigrant visa that does not become void upon filing of an I-485 is a H visa.

One can switch job while on a J-1 because it is tied to a sponsor that is not the employer. Therefore, as long as the J-1 holder is engaged in employment that is in accordance with the agreement between the sponsor and the alien, then the J-1 is still valid.

I thought this was the case, thanks for clearing that up zyggy.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Also,
I'm, not good with the Acronyms but what is "QT"?
http://www.acronymfinder.com/af-query.asp?...onym=QT&s=r

Sorry, lol, 'on the QT' is an abbreviation of 'on the quiet' or without anyones knowledge. I guess it's just slang.

Time between filing AOS and recieving your Green Card are not considered "out of status" so there is nothing to be forgiven. However if the person continues to work without obtaining the EAD, then that is not allowed and will require "forgiveness".

for aupair.. as long as you are still an aupair in the program - you can switch to a different house (host family) that participate in that particular aupair program. (i think 2 times max) but if you change to a different pofession.. then the J-1 would be cancle and not valid.

Yes.. it occurs at the NOA1. And no, the sponsor and employer would not be notified... and yes, working while an adjustment applicant is typically forgiven upon a successful adjustment.

Would the sponsor know if the applicant got married and filed for adjustment. Maybe.. can't say what the sponsor and subsequently the employer would do if such a thing were to occur.

For aupair (I'm not sure what kinda of J-1 u r asking about) the host family of the aupair that is out of status would also be out of the program becasue the host family that is participate in aupair program would only have aupair that have valid J-1

But a lot of family that fall inlove with their aupair and want to continue with her after the max 2 years aupair program, they are also get out of the program and the aupair apply for change of staus to F-1 (student - normally)



I can say only for aupair program.. yes the sponser (aupair program) would know if the aupair run away or not coming back to home country - normally the host family are the one who notify the program (so they could get a new aupair or be taking out of the program)

I was au-pair too.. Don't hesitate to e-mail if you have any questions.

Thanks for everyone's replies. They have been extremely helpful.
What I am going through right now is the decision to either tell her to extend the program for 9 more months, which would allow us to hopefully get everything approved..........or............with this new insight from this discussion, it sounds like I could send all the necessary forms and she would not be "overstaying" her visa since her I-485 is being processed.

With the first scenario, will she be able to get approved for her AOS while she continues in the AuPair program for 9 additional months or will the USCIS postpone or deny the AOS till the program is over?

Thanks for your thoughts.

-BCCRAGE




Hi Glorya
I appreciate your assistance.
Could you tell me the steps you took while you were on your J-1 Visa? I am assuming you were in the same vote as my girlfriend is at the moment.
Did you marry while under the J-1 Visa?
Once married, you filed all the paperwork; however, has your visa expired and you continued to reside in the U.S.?
I would rather her not continue the AuPair program being that I feel the host family is taking advantage of this program with the extra work she continues to put in.

-Brett

She will be kicked out of the program as soon as she gets married. That's one of the rules. She can keep silent and still remain au-pair but if she says anything, that is automatic dismissal. Au-pair agencies do not want to be liable for anything especially not for marriage and husband. That's a long story though. I don't understand why she wants to continue her au-pair assignment. That's insane arrangement and the biggest fraud ever. I couldn't wait to get the heck out of that contract. I quit, moved out two weeks later (moved in with my hubby) and then got married and filed for AOS. That's how the stuff works. Only thing she won't be able to do is travel abroad but only untill she gets the green card.

This option isn't going to work because of:
She will no longer be a J-1 as soon as you get your NOA1 for adjustment comes in so I don't see how extending the program would do you any good unless you are contemplating working without authorization for a longer period of time (assuming you marry and apply for adjustment).
If you want to remain engaged longer the extension is a great idea. If you want to adjust status the extension has no bearing.

Depends on the program, because they do have dependent J-2 visas for spouses and children.

My Contract with au-pair agency was untill February 6, 2006. I met Tim shortly after I came (in 2005) so we were serious by the end of the summer last year. I had quite a few issues with my host family and two kids who were not well. Girl was developmentaly delayed (she was a sweethearth ) but the boy was violent, aggressive, rude, doctors didn't establish diagnosys while I was there (only 5 years old )... I had wayyyy too much stress on my back with mother who was stay at home mum but completely f..... insane... or evil... or both... I am still puzzled as to what she was. They lied to me about the kids and boys violent nature (for example, he tried to push me down the stairs once and stuff like that). I was stressed out of my mind in October & November last year so we were trying to figure out what should we do... Tim proposed beginning November so we subsequently agreed to find a new place together. We found our place and signed the lease beginning December and that's when I quit. I gave them two weeks (very hellish ). Now we are waiting for the interview and everything seems to be fine. Finally

BCCRAGE,

shoot me an e-mail or a PM.

So everything continues to be fine for you while you are waiting for your AOS approval? I apologize for asking the same question...........So your J-1 Visa ran out and you have "overstayed" your visa since. The reason I am asking this is because today, the immigration officer i spoke with over the phone stated that she would not be able to "overstay" her visa even if the Forms have been filed and in process. It sounds like everything will be just fine according to this discussion with you if we were just to get married and file our forms together. Now, knowing that her J-1 visa will expire in Mid-February.............this won't make a difference?

Thanks
-BCCRAGE

And yet you ask the same question again:When filing for AOS you are NOT out of status. You have an authorized stay by the attorney general. End of discussion.

thanks again sat
I am just overly cautious. Making the wrong move could possibly prolong the end result. I do appreciate your help

-BCCRAGE

Sorry to hear that you had a bad experiences with the family.

I was an aupair too and also after went back continue to work for the aupair office for a while (until my K-1 appoved) I heard of all the good and bad but seems like the good stories are out weight the bad.. I'm now back in the US and living close to my host family and still keep in touch with them.. I had a great experiences though Alot of my friends continue with the 2nd year and sme ended up staying with the family after their 2 years runs up...

I'm also helping few of my aupair friends who got married with the USC after the program without leaving the country and one of them got the green card and one got the interview date already.

So for the OP - if your fiance and you decides not to continue witht he progam you should also discuss this witht the host family so they can find another aupair in time. and that you can start her AOS process after you get married.

Also - as the normal Aupair.. after they finish witht he program (complete) they have 30 days extra to travel (after the J-1 expire)

But that might not do with applying for AOS.. I think when you apply for AOS (NOA1) the J-1 is cancle out

Just a heads-up - nobody should be offering immigration-related information over email or PM. This is to ensure that misinformation is cleared up by those more knowledgable on the boards. Since there has been rather a lot of misinformation and confusion in this thread, I would not recommend anyone offering or accepting advice that has not been through the scrutiny of the general board.

Best advice would be to have a consultation with a lawyer, if you wish to do this properly.

100% agreed.

Honestly, although seeing a lawyer is a good thing in these cases, I don't honestly think this case requires it. Adjustment from J-1 without 212(E) should be fairly straightforward and Lawyers add a huge cost to an already expensive process.

They often offer low-cost initial consultations though, which I don't think would be a bad idea. Like you, I agree that it shouldn't be a "big deal" AOS - but better to be safe than sorry.

Who are these "more knowledgeable on the boards" people and who makes up the "general board?"

This statement is such a "softball" that is just waiting for a comment.... I am having a hard time resisting...

Be my guest!

B/c what prompted it had nothing to do with private immigration info.

dmartmer, the general boards are the likes of you and me. Those who are more knowledgable are those with extensive reading and/or experience behind them, or a previous career in the field of immigration. You know, like Ziggy, Meauxna, AussieWench, Yodrak..... They don't always get everything right - and nor should they be expected to - but they are able to clear up a lot of misconceptions and bad information. As has been said in this thread, the best advice will come from an experienced lawyer.

But I think you knew that, you just wanted to be difficult.

If you only knew how much background and experience I have in this field, you wouldn't have written what you did above.