Jump to content
cjthomas2290

My Au Pair wife.

13 posts in this topic

Recommended Posts

Hello, I met my wife in July of 2014 and we just got married this past weekend. She is an Au pair from Germany on a j-1 visa with no 2 year residency requirement. Her visa expires on may 19th and we have decided that she should go home and see her family before we start a life together here in the states for financial and other reasons. I myself am moving to Hawaii in August and plan to reunite with her there. My question is, is it legal to apply for a spousal or marriage visa while she is still here? Should I wait until I move to Hawaii to start the process since I will move to a different uscic jurisdiction area? How much will all of this cost? Any information would be great. This girl is the love of my life and I want to make sure I am taking the right steps to being together after she returns home. Thank you

Share this post


Link to post
Share on other sites

I would adjust status. You can have an advance parole for traveling within 90d - no need for a CR-1 visa. Once AOS is approved you get your 2 year GC and are good to go. Cost: $1070.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

Share this post


Link to post
Share on other sites

No. She may wanna delay leaving by about 2 months - if you file today you can have the AP in hand in about 3 months.

CR-1 will take WAAAAY longer. Assume 1-2 years - she won't be back before late 2016.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

Share this post


Link to post
Share on other sites

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas, not K1 related~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Also keep in mind that there are rules for aupairs to not get married while on the program. Did you wait until she was in the grace period?

I had a girl in my cluster get married in the middle of her program and they had to file for AOS within three days or get reported by the aupair company (they filed).

But yeah, you guys already are married, and I am with what TabeaK says - do AOS (adjustment of status) as soon as possible and have her travel to see the family later. They say it takes about three months to get your documents so she can work and travel while she waits for her Greencard.

I was an aupair as well when I met my fiance and I came back here and we are doing K-1 which means being stuck in the TSC hell hole for six months and counting.

Overall it was the right decision for us to have me come back for now, but as you guys decided to already get married and have the option - do you really want to be apart for the first 1-2 years of your marriage? I am guessing that you met after she entered the US, so you are fine with intent and all of that.

All the best with whatever you decide to do!

Share this post


Link to post
Share on other sites

We were considering a fiance visa which we were told would take 8-10 months to process but decided to go with the marriage visa which we were told would take 8-12 months.. So it could take as long as two years you're saying?

Share this post


Link to post
Share on other sites

A year ish, most unlikely two.

Also think she should adjust, much much simpler.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I was an au pair too, and regret that I didn't just stay and adjusted my status! I haven't seen my fiancé for 4 months now and it's hard to be apart for so long! I'm still waiting to get my K-1 approved, we filed 5 and a half months ago and now that I look back I oh so wish that we had just gotten married while I was in my grace period and adjusted my status, cuz we are probably going to wait another 4 months before we can see each other again :'(


Oct 21, 2014 : I-129F sent

Oct 24, 2014 : I-129F received at TCS

Oct 28, 2014 : NOA1 date

May 21, 2015 : RFE text/email

May 29, 2015 : RFE hard copy

June 1, 2015 : RFE response sent

June 3, 2015 : RFE received at TCS

June 11, 2015 : NOA2 text/email

June 18, 2015 : NOA2 hard copy

June 22, 2015 : Medical

June 22, 2015 : Case send to NVC

July 1, 2015 : Case received NVC

July 6, 2015 : New case number assigned

July 6, 2015 : DS-160

July 6, 2015 : Visa fee payed

July 10, 2015 : Case sent from NVC to embassy in Sweden

July 13, 2015 : Embassy received

July 17, 2015 : Packet 3 received

Aug 6, 2015 : INTERVIEW :D result: APPROVED ????????

Aug 14, 2015 : Visa received ?

Aug 25, 2015 : POE ❤️ After being apart for 185 days we can finally start our lifes together ❤️ 6 months and 4 days..

Share this post


Link to post
Share on other sites

Yes, I agree you should definitely just adjust status now, even if you have to borrow the money. Even if she may miss some important occasion at home by waiting longer to visit, it is absolutely worth it, rather than being apart for so long during the CR1 route. (Oh, the things my spouse and I would have done differently if we'd known that this would have been an option for us!)

Edited by ricnally

Share this post


Link to post
Share on other sites

I met my fiancé during my time as an au pair too and the plan was for me to go home when I was done with the program, apply for a student visa and come back. I was denied the student visa so we decided to go for the k1 visa, we have waited for 6,5 months and got approved today at the tsc center, but we still have another 2/4months before the whole visa will be over and done and hopefully approved. So yes, it is a really really long and painful wait so I agree with the other girls, do AOS now and don't let her leave the country before that is done!

And know that since you already are married you cannot do the k1 visa. Need to do cr1 which I believe is a even longer wait.. Difference is that she will have gc and work permit from day 1 in the states :)

Share this post


Link to post
Share on other sites

No. She may wanna delay leaving by about 2 months - if you file today you can have the AP in hand in about 3 months.

CR-1 will take WAAAAY longer. Assume 1-2 years - she won't be back before late 2016.

it is closer to 10-12 months for a cr1, and during the time they are waiting for approval she can still visit on the VP.



Share this post


Link to post
Share on other sites

Yeah, but visits are expensive. I shudder to think how much we have spent on international airfare over the last six months. And in the big scheme six months are really not that long. Feels long when you are in them though.

Never mind the logistics involved with having to plan this with the little vacationtime most Americans get in their jobs plus me having to find a job first so I could afford to visit *urgh*. We had our reasons, but as I said before - you guys made the choice to get married last weekend, might as well do AOS too :-D

Good luck! Let us know how it all plays out and that it went well!

Edit: I just looked at your original post again and if her visa was good until May 19, then you guys must have married while she was still on the program? How did you handle that? (No need to share, just thinking out loud.) I dont have my contract with me right now, but I feel like there was something about marriage in there. Isnt her visa only good while she is placed with the family and stuff? Because as soon as you are out of the program, you have three days to leave to go home. Which she didnt, so that means she could be out of status right now? You are married and marriage excuses all kinds of things, so no big obstacles there, but being out of status is not something I personally would feel comfortable with.

Edited by Mena28

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×