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Filed: AOS (pnd) Country: Spain
Timeline

Situation: My wife is from Spain and here in the US working as a school teacher under a J1 VISA, which was set to expire June 30 2010. We married in December of 2009 and filed concurrent I-130/I-485 as well as an application for EAD (employment authorization) beginning of March. NOAs arrived a few weeks ago so process is underway.

Her work situation is extremely challenging, and it has become incredibly stressful for her to deal with. She is so unhappy and wants to quit this position.

Can she quit her job without it affecting this process? Of course, previously since her VISA was the only legal way she could remain here, she couldnt. But now that we are married, and in process, does this not basically take her VISA out of the equation? We just want to know if she decides to leave this position, whether it will change anything from our AOS filing POV.

Thanks in advance for responding..

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Situation: My wife is from Spain and here in the US working as a school teacher under a J1 VISA, which was set to expire June 30 2010. We married in December of 2009 and filed concurrent I-130/I-485 as well as an application for EAD (employment authorization) beginning of March. NOAs arrived a few weeks ago so process is underway.

Her work situation is extremely challenging, and it has become incredibly stressful for her to deal with. She is so unhappy and wants to quit this position.

Can she quit her job without it affecting this process? Of course, previously since her VISA was the only legal way she could remain here, she couldnt. But now that we are married, and in process, does this not basically take her VISA out of the equation? We just want to know if she decides to leave this position, whether it will change anything from our AOS filing POV.

Thanks in advance for responding..

Since you filed for the AOS, and have the NOA's in hand, then she is able to quit her job - her status is pending now, so your good to go.

However, if she quits her job, then she is no longer keeping the requirements for the visa in play, so if the AOS is denied, she will probably need to go back home (no active visa).

Does the J-1 visa have the 2yr requirement?


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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