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Paul.G.

Girlfriend on work visa we want to marry

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My girlfriend and I have been together for about 6 months now. She has been here working as a nanny for almost 2 years now on a work visa but it expires the end of April. We want to get married what would be the best path to go so she can stay here with me?

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What exactly is her visa? If I hear nanny, I think J-1 visa, and J-1 visas may be subject to a 2-year home residency requirement. So first step, please find out which visa she has and if it is J-1, if there is a home residency requirement. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thank you. She has the J-1 visa. What is a 2-year home residency requirement?

Here is a link to some really basic info about J-1 visa: http://en.wikipedia.org/wiki/J-1_visa

Simple thing is to look at the actual visa in her passport to see if she is subject to the home residency requirement. It ought to be indicated in the Annotations section.


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You need to determine if she subject to the home residency requirement. As Anh map said, take a look on her visa and see what is there. There is a possibility that she is not subject to it (not all J-1 visas have this, but some do). If she is subject to a 2-year home residency requirement, then you can request a waiver of that requirement, but no guarantee it will be approved. You cannot attempt to adjust her status until this issue is resolved, so this is step 1 :)

He is a member who recently got the HRR waived.

http://www.visajourney.com/forums/topic/279089-so-excited-cant-function-need-help/

Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thanks Anh map. I have read up on J-1 visa a bit and still not sure how to go about getting married and her not having to leave...

Look at her DS form or visa in her passport to see if they checked the box " not subject to 2 year home residency" or not. I had J1 visa too.Good luck.


11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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Thank you all for the advice so far. Her visa doesn't have that box checked it.

She has talked with some other individuals on the same program as here "Au Pair"

They have said to get married and then apply for the green card afterward...

Can anyone add some insight to this?

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