pregnant fiancee in US on J-1 Visa - Lots of Questions

[jthomas6759 0]

Hi, I have been reading for a week and getting more and more confused everyday about what type of visa etc. we need. Here is my situation. I meet a woman in Feburary on a cruise. We have communicated everyday since then and have recently discovered that she is pregnant (yep it is my baby). I am an American and live in Georgia, she is a Brazilian and is currently in San Fransico on a J-1 Visa (as an au pair). She has temp CA drivers license and temp SS number and a Brazilian passport. J-1 visa expires Sept 22. I am in the military (Army Natl Guard) and a police officer. We want to be married and raise a family in Georgia. She came here to travel around the country and work for one year. Had planned on returning to Brazil back to her finance job and had not planned to be pregnant or get married to an American (yep - not much planning on our part). I applied for a probono immigration atty through a group that works with JAG last week and am waiting on them to get back with me. In the mean time I have been reading so that when I am contacted I will know what to ask to get started with asking for a green card for her. She is planning on moving to Georgia in June and we will marry here. We want her residency to be legal so I have a few questions and appreciate any help.

1) when she leaves SFO and resigns from the au pair agency that she is with, will her J-1 visa immediately be canceled?
2) these are the forms that I think we need to file; I-485, I-765 (so that she can work before green card comes), G-325a, I-693, I-864. Does this sound right to you?

3) anyone know if I can add her to my medical insurance (military Tri-Care) so that the pregnancy will be covered while we are waiting for approval for residency card (or green card) after we are married?
4) after she has applied for green card, if her J-1 visa expires (or no longer is good) is she here illegally?

5) Would she need a K-3 visa also?

Sorry for so many questions, and thank you for any help.

[Shauneg 762]

I can only answer number 3 for certain. You just need to be married and have her enrolled in DEERS....even if she doesn't have her residency card. Use her SSN card she already has and bring the marriage cert also...

[Boiler 43,397]

Short version is that you marry and then file to adjust her status to permanent resident, I will ask that this thread be moved to the appropriate forum. Her J then be ones history, she does not need a visa as she is here.

[TBoneTX 43,020]

*** Thread moved from the "What Visa Do I Need" forum to the "AOS from WS&T Visas" main forum. ***

[aaron2020 11,651]

Hi,

Congratulations.

1. Once she quits, she no longer meet the conditions to maintain her status. The J-1 will automatically be voided. She will have 30 days of authorized stay after her last day to wrap things up.

2. Follow the Guides on this website for adjusting status based on marriage to a USC.

3. Do not know. Marriage is usually a life changing event that allows adding the new spouse to a work health insurance policy.

4. Applying for a green card authorizes her to stay until she gets a green card.

5. No. A visa is for entering the U.S. She is already here so she does not need another visa.

Does she have a 2 years home residency requirement on her J-1? If yes, then she will need a waiver.

Best of luck.

[milimelo 4,167]

2) these are the forms that I think we need to file; I-485, I-765 (so that she can work before green card comes), G-325a, I-693, I-864. Does this sound right to you?

You are missing the most important form - I-130.

You'll be following this guide: http://www.visajourney.com/content/i130guide2

No idea what pro bono immigration group will help you with, but if you can read and understand the forms, you can do all this by yourself.

[EM_Vandaveer 2,366]

Does her visa have a 2-year home residency requirement. If so, she has to get a waiver before filing for a Green Card.

[Boiler 43,397]

Op said she is an au pair.

[EM_Vandaveer 2,366]

Do au pairs not have the 2-year requirement?

OK never mind, so it only applies if a government (foreign or US) funds the exchange program and au pairs go through private companies, right? One always learns something new.

Edited April 2, 2015 by EM_Vandaveer

[Boiler 43,397]

I have never come across one, and not wishing to dis au pairs why would it be relevant or logical.

[jthomas6759 0]

Thank you all so much for your help.

Her J-1 is authorized for one year only (as an au pair). Began Sept 22, 2014 and expires Sept 22, 2015. I knew about the I-130, just left it out. Thanks for the reminder. Will use this web site to understand adjusting status based on marriage to a USC.

I am begining to understand a bit more, and think that maybe we can do it ourselves. I think I read to much information before I found this website that made us fear the whole process and because of the time crunch (that we thought we had to be approved before her J-1 expired), we were fearful that we wouldn't do it exactly right and would have to begin again. Thanks again for all of your help.

[blahblahblog 36]

Thank you all so much for your help.

Her J-1 is authorized for one year only (as an au pair). Began Sept 22, 2014 and expires Sept 22, 2015. I knew about the I-130, just left it out. Thanks for the reminder. Will use this web site to understand adjusting status based on marriage to a USC.

I am begining to understand a bit more, and think that maybe we can do it ourselves. I think I read to much information before I found this website that made us fear the whole process and because of the time crunch (that we thought we had to be approved before her J-1 expired), we were fearful that we wouldn't do it exactly right and would have to begin again. Thanks again for all of your help.

Hey OP, I think you're good to go and your case seems straightforward - just paperwork and patience. I'll just to add a bit on the J-1 2YHRR. I agree it's moronic to give au pairs 2YHRR but until you have an AO from DOS, you shouldn't assume what the government _believes_ on the topic. I've seen that happening with au pairs because of funding source questions (usually because funding source isn't clear).

You're with a lawyer and if you trust them, follow their advice and ignore what I'm writing below.

If you're doing it DIY this is how I'd proceed about the the 2YHRR:

1) If her J-1 stamp and her DS-2019 says that she's "not subject to 212(e)" or says nothing at all, you should move forward with AOS straight up. If the USCIS/DOS decides you're subject to the rule, they'll send an RFE, but it's unlikely they will.

2) If either her J-1 or DS-2019 says she's "subject to 212(e)", request an advisory opinion here: https://j1visawaiverrecommendation.state.gov/accessController.asp?page=37&handler=true. You're going to have to fill a form and then send them paperwork. In that paperwork write a letter stating that you believe she's not subject to 212(e) because (1) the wife isn't subject to Brazil's skills list and (2) that the funding sources were not governmental. Add any evidence of the two as you can get. You're likely going to receive a letter saying that she's not subject to 212(e).

[blahblahblog 36]

Hi,

Congratulations.

1. Once she quits, she no longer meet the conditions to maintain her status. The J-1 will automatically be voided. She will have 30 days of authorized stay after her last day to wrap things up.

2. Follow the Guides on this website for adjusting status based on marriage to a USC.

3. Do not know. Marriage is usually a life changing event that allows adding the new spouse to a work health insurance policy.

4. Applying for a green card authorizes her to stay until she gets a green card.

5. No. A visa is for entering the U.S. She is already here so she does not need another visa.

Does she have a 2 years home residency requirement on her J-1? If yes, then she will need a waiver.

Best of luck.

Just a quick correction on (1). The 30 day authorized stay only applies at the natural end of the program. If she quits halfway, the J-1 is immediately voided and you're immediately out of status. But that's academic for the OP. The clock for the 3/10 year bans only starts ticking after IJ or CBP declares you to be illegal (it's a weird grey area of the law so talk with a lawyer if you want to use that argument) and that as a whole is irrelevant for immediate relatives of USC.

[aaron2020 11,651]

Just a quick correction on (1). The 30 day authorized stay only applies at the natural end of the program. If she quits halfway, the J-1 is immediately voided and you're immediately out of status. But that's academic for the OP. The clock for the 3/10 year bans only starts ticking after IJ or CBP declares you to be illegal (it's a weird grey area of the law so talk with a lawyer if you want to use that argument) and that as a whole is irrelevant for immediate relatives of USC.

Thanks for the correction on the 30 days.

She is not planning on leaving. She is staying to marry and adjust. Bans are irrelevant in this situation since overstays are forgiven for a spouse of a USC when adjusting status.

[redbeard 22]

Does anyone else question the idea of marrying someone he has known for less than two months, and has only physically met on one trip?...even if she is pregnant? Maybe it is just me, but marriage is a pretty big deal. I would want a little more time to get to know each other. The honeymoon phase Will pass, and you want to be sure there is a deeper love/relationship there.

Edited April 2, 2015 by redbeard