Married to an AuPair J-1 Visa holder, please help!!!

[devildog85 0]

Hey there! I've been reading a lot about how J-1 Visa holders can't get married while they are on the states unless you have a special waiver otherwise they could be deported if they violate their visa terms. I have completed all the forms but have not yet filed them. I'm a bit concerned about the fact that she is on a J-1 Visa and might be violating the visa rules. I know that CulturalCare does not allow AuPairs to marry but do allow them to find a "student visa sponsor" or "look for a husband" after they are finished with their period of time as an AuPair. My wife is not subject to two year stay, so that's not much my concerned. I haven't contacted an immigration attorney because they charge a lot and most of the paperwork is self explanatory. Also I dont want to file all the paper work and money and get rejected because she might have violated her status J-1.

Can someone give me some info on this situation as far as if I need any waivers or other documents that would allow me to file my I-485 package and not get rejected because of her J-1 visa?

This is what I have in my I-485 package:

- Payment in the amount of $1,010.00 for I-485 package

- I-485

- I-131 Application for Travel Document

- Letter for Advance Parole

- I-765 Application for Employment Authorization

- G-325A and 2 passport style photo (Beneficiary)

- G-325A and 2 passport style photo (Petitioner)

- I-864 Affidavit of Support

- Copy of tax transcript for tax years: 2006, 2005 & 2004.

- 6 passport style photos

- Doctor’s examination forms

- Copy of marriage certificate

- Copy of original birth certificate with translated copy from Spanish to English

- Copy of Passport

- Copy of J-1 Exchange Visitor Visa

- Copy of I-94

- Copy of Social Security card

- Copy of Certificate of Eligibility for Exchange Visitor(J-1) Status

-Payment in the amount of $355.00 for I-130 form

- I-130 Petition for Alien Relative

- Copy of Naturalization Certificate/US Passport/Military ID/Driver’s License (Petitioner)

- Copy of marriage certificate

- Copy of both Medical and Dental insurances

Thanks so much for you time and help in advance. Please let me know soon since my wife's visa expires on feb 12 2008. Thanks!!!!

[rebeccajo 14]

You need to spend the money either way. Filing or having an attorney consult.

Go speak to an immigration attorney first. You don't have to hire them, but a consult would be a good idea.

[spirochete 0]

My husband was here on a J-1 visa as well; they are given out for training purposes. He did not have the 2 year home country thing on there, either. I had an attorney do our paperwork but I can tell you it's a pretty straight forward case. We got married, he got his EAD and a sweet new job in his field (software developer).

The key is her coming to America and NOT having the intent of staying. That's the thing with the J-1. They will ask about that in the interview. That's the only trouble/pitfall with the J-1

Good luck!

[devildog85 0]

My husband was here on a J-1 visa as well; they are given out for training purposes. He did not have the 2 year home country thing on there, either. I had an attorney do our paperwork but I can tell you it's a pretty straight forward case. We got married, he got his EAD and a sweet new job in his field (software developer).

The key is her coming to America and NOT having the intent of staying. That's the thing with the J-1. They will ask about that in the interview. That's the only trouble/pitfall with the J-1

Good luck!

Thank you so much, I'm a bit relief now. I've also called immigration services many times and talked to different representatives and told me the same thing. So i'm going to go ahead and file the paperwork today!!!

[saratara 0]

Let me tell you something. Au pairs are NOT subjected for two years home rule. And there is no such ting not to allow someone to get married, no any agency, or anyone. I was Au Pair for 2 years, and when I complete my program I got married for my boyfriend. When I came here I didn't know I am gonna meet someone and fall in love, and get married. That was my choose. I would suggest if your wife didn't finish her Au Pair year she should and the file for adjustment, you don't need lawyer you can do it everything by yourself trust me.

Good luck.