Visa Extension

[Mrs. Disney 0]

I'm not sure if this is the right forum for my topic, sorry if it's not.

Here's my situation:

Back in 2006 I moved to the US to be an au pair. I arrived in October 2006 and my au pair year ended in October 2007. I decided to stay more but I didn't meet the requirements to extend my J1 visa so I decided to apply for a tourist visa (change of status), my host family was my sponsor. I stayed for 6 more months. I came back to Brazil in April 2008. One month after I was back my American host family received a letter from USCIS saying my visa extension/change of status was denied. No big deal, I was out of States already.

According to Infopass, since I had a pending petition for a change of status, I wasn't illegal in the States. So while waiting for the change of status approval I travelled, as well as worked for my host family as a nanny. I know I wasn't supposed to work. Anyways, my K1 interview is coming up. I didn't lie on the forms. I stated I lived in the States for 18 months, and as for jobs, that I was an au pair for a year.

I know that if you you were an au pair for more than a year, you need to show them your extension DS in the interview. That's not my case. I'm taking my NOA1 (the receipt for the change of status petition) with me for the interview, do you think they will ask for it?

Our I-129F petition was approved by the USCIS without RFE'S, and I assume they scanned me on their computers, and that they probably have some sort of file stating who had been denied a petition or not. In normal circumstances I wouldn't worry about it but since I did work while waiting for a change of status to get a tourist visa, and I know that wasn't legal, I'm really worried. If they find out I worked (by calling my host family), will that jeopardize my K1 visa? What do you think I should do?

[Chris Me lil D 18]

I'm not sure if this is the right forum for my topic, sorry if it's not.

Here's my situation:

Back in 2006 I moved to the US to be an au pair. I arrived in October 2006 and my au pair year ended in October 2007. I decided to stay more but I didn't meet the requirements to extend my J1 visa so I decided to apply for a tourist visa (change of status), my host family was my sponsor. I stayed for 6 more months. I came back to Brazil in April 2008. One month after I was back my American host family received a letter from USCIS saying my visa extension/change of status was denied. No big deal, I was out of States already.

According to Infopass, since I had a pending petition for a change of status, I wasn't illegal in the States. So while waiting for the change of status approval I travelled, as well as worked for my host family as a nanny. I know I wasn't supposed to work. Anyways, my K1 interview is coming up. I didn't lie on the forms. I stated I lived in the States for 18 months, and as for jobs, that I was an au pair for a year.

I know that if you you were an au pair for more than a year, you need to show them your extension DS in the interview. That's not my case. I'm taking my NOA1 (the receipt for the change of status petition) with me for the interview, do you think they will ask for it?

Our I-129F petition was approved by the USCIS without RFE'S, and I assume they scanned me on their computers, and that they probably have some sort of file stating who had been denied a petition or not. In normal circumstances I wouldn't worry about it but since I did work while waiting for a change of status to get a tourist visa, and I know that wasn't legal, I'm really worried. If they find out I worked (by calling my host family), will that jeopardize my K1 visa? What do you think I should do?

I'm in the same situation with the the difference I stayed 3 years (legal), worked (illegal) and now we're married. My husband consulted a lawyer after wedding about it and lawyer said that when married to a USC for some reason immigrations excuse you and are condone to you with the thought that when you become an American resident and later citizen you'll be keeping the American laws. Not sure about the K-1 though, you might need to consult an immigration attorney about this matter. good luck

[canadian_wife 1,831]

Well, I doubt they will ask for your NOA1 for your change of status nor do I think they will bother with contacting your host family.

What's done is done, you didn't lie on the forms but I'd be prepared to answer some difficult questions as to why you thought you were entitled to work (immigrant benefit) when clearly you knew you were ineligible to do so. If you answer honestly and confidently I think you will be Ok.

Good luck.

[Mrs. Disney 0]

Well the only way they will know that I worked there is if they call my host family. I also highly doubt they will make that call. I just sense that they will not think I just stayed there as a tourist, in the same house I worked as an au pair for the previous year, and they will call them to be sure. And, of course, I would never ask my host family to lie about that. Guess I will just hope to be right about them not calling anyone in America.

Thank you!

[canadian_wife 1,831]

Well, they'll also know if you listed it on your G-325A

Just be honest, you'll be ok!

Good luck

[Mrs. Disney 0]

That's the thing. On the G-325A I mentioned I was an Au Pair for 18 months. It's not that I didn't check the forms a thousand times before mailing them, it's that I thought that since I was there for 18 months, I might as well put that I was an au pair for 18 months too. I didn't know that they would request the extension DS for au pairs in the interview. So stupid! Should I e-mail them to inform the mistake? Or should I just tell them in the interview it was a mistake if they ask? I've heard about them telling people to go home from the Consulate and reschedule an interview just because they now have a different address from the one they put on the G-325A. What could happen if they see the different answers on the forms? Will I have to reschedule too? My interview is 2 weeks from now and I really don't want to mess it up, and I never meant to lie.

[canadian_wife 1,831]

We cannot tell you what will happen at your interview because we honestly don't know. Be honest, tell the truth and you'll be fine. But in my opinion, this is relatively minor.

Good luck.

[SCFsnoopy 0]

Interesting that you weren't able to extend the J-1, if your host family were happy to keep you. I remember my LCC (agency rep) saying I should extend my J-1 but my host family and I were well and truly done with each other and I didn't want to risk moving any further away from Jesse in NY (I was in CT, it was already a 5 hour round trip to see him every weekend).

Anyway, there's not much you can do about it except go to the interview and find out if it will be a problem. It sounds like your intent was honest in that you didn't just stay illegally, you actually sought permission to stay via a visa, so let that give you confidence. If I were a consular officer I don't know that seeing "au pair - 18 months" on the G-325A would really raise any red flags and make them think, "I better check her legal status on that one!", because they must see au pairs all the time for various periods. Best of luck!

[Mrs. Disney 0]

You guys are right. I am just going to go there, and if they see the info is different on the forms, I will just say it was a mistake. I know they will check the au pair thing because someone I know went to her interview last week, and she was an au pair for 18 months, and they asked for her extension DS form. My fiance gave me an idea: he said that if they ask me why I put I was an au pair for 18 months on the first form, I will say that since my change of status petition was denied, and my last status was au pair, I thought that was what I was supposed to put there (which is true), and then I realized it wasn't. Will that be ok?

[canadian_wife 1,831]

I think if they ask you why you worked as an au pair for 18 months you should tell them the truth, simple as that. It is a lot easier to remember and won't get you caught up in something that could be bad.

Good luck.

[andana_dj 0]

hello,

Just recently I had the same problem as you.....I worked for couple of months while waiting for my visa extension. I was employed with my SSN. At my K1 visa interview this problem popded up of course, and I even did not try ti hide it, so for that I got a 3-year ban for working without authorisation. .... luckily we filled a waiver and we got approved just couple of days ago!!!

I hope this will not happen to you guys!! but you have to be prepared for anything while at the interview.

Good luck!!

[Mrs. Disney 0]

hello,

Just recently I had the same problem as you.....I worked for couple of months while waiting for my visa extension. I was employed with my SSN. At my K1 visa interview this problem popded up of course, and I even did not try ti hide it, so for that I got a 3-year ban for working without authorisation. .... luckily we filled a waiver and we got approved just couple of days ago!!!

I hope this will not happen to you guys!! but you have to be prepared for anything while at the interview.

Good luck!!

Wow can't believe it took you so long to get your visa. Congrats on your approval!

I'm freaking out! I didn't WORK WORK. I just babysat for my family a few times. No need for SSN. Also, as soon as my au pair year was over, my host family went to India for almost 2 months and I stayed in the states alone, travelling. I could use that as an alibi. I just wish I knew what's the protocol to change my mistake on the G-325A, where I mentioned I was an au pair for 18 months, instead of 12 months. Do they reschedule you if the info doesn't match? Even if you point it out?

[canadian_wife 1,831]

You REALLY need to just tell the truth. No scripted answers and no alibis. Always assume they know more than they think you do, because they probably do.

Good luck.

[Mrs. Disney 0]

You REALLY need to just tell the truth. No scripted answers and no alibis. Always assume they know more than they think you do, because they probably do.

Good luck.

You are right. I decided that I will write a different answer on the new forms, that I was an au pair for 1 year, which is the truth. If they happen to ask why it is different on the G-325A, I will say I made a mistake (which I did). I will tell them I applied for a change of status, which was denied, and that I came back to Brazil even before I got the denial letter. And if they ask if I worked for my host family family during that time, I will say that I did. If I get banned and need a waiver, I suppose I will just have to do what I need to do. Thank you all for your answers.