j1 (aupair) marriage to us citizen NO 2 year visa up Nov 2012

[vajonsofl 0]

My girlfriend is here in the usa on a j1 visa (aupair) with NO 2 year home requirement here visa is up in November 2012 we are looking to get married in the usa what forms do we need to file and time line are we looking at. The stories and miss information I've been getting is driving me crazy and Im looking for help. We have been talking for over one year and last year i went to visit her family 3 times (with Picture to prove) I meet her just before she was starting her j1 process and it took almost 12 months for her to find a host family which lucky is only 2 hours away from me. I have 2 children that do not live with me but she has met and really like everything is great but the lack of info on j1 changing over to being married is very veg. Would love to hear from anyone in this similiar situation thanks !

[aaron2020 11,651]

My girlfriend is here in the usa on a j1 visa (aupair) with NO 2 year home requirement here visa is up in November 2012 we are looking to get married in the usa what forms do we need to file and time line are we looking at. The stories and miss information I've been getting is driving me crazy and Im looking for help. We have been talking for over one year and last year i went to visit her family 3 times (with Picture to prove) I meet her just before she was starting her j1 process and it took almost 12 months for her to find a host family which lucky is only 2 hours away from me. I have 2 children that do not live with me but she has met and really like everything is great but the lack of info on j1 changing over to being married is very veg. Would love to hear from anyone in this similiar situation thanks !

Please don't use this font, it is incredibly hard to read. Just use the default font.

After you get marry, you will file an I-130, I-485, and I-864. You will also want to file for AP and EAD. It's all in the Guides (button at top of page). This is no different than adjusting from any other non-immigrant status.

[Little_My 464]

http://www.visajourney.com/content/i130guide2

Also, post in the AOS from work, tourist or student visa forum - that is the correct forum for your situation.

[Hank_ 9,174]

My girlfriend is here in the usa on a j1 visa (aupair) with NO 2 year home requirement here visa is up in November 2012 we are looking to get married in the usa what forms do we need to file and time line are we looking at. The stories and miss information I've been getting is driving me crazy and Im looking for help. We have been talking for over one year and last year i went to visit her family 3 times (with Picture to prove) I meet her just before she was starting her j1 process and it took almost 12 months for her to find a host family which lucky is only 2 hours away from me. I have 2 children that do not live with me but she has met and really like everything is great but the lack of info on j1 changing over to being married is very veg. Would love to hear from anyone in this similiar situation thanks !

WoW! Is that hard on the eyes... hmm wonder if I can fix it...

Okay that is a little easier...

[Kathryn41 3,205]

Topic has been moved from K-1 forum to AOS from a Work, Student & Tourist Visa forum as the OP's fiancee is legally present within the US on a J1 visa which better fits this forum

[JamesDTresmondEsq 1]

You can file for an adjustment of status if your wife is not subject to the two year foreign residency requirement.

If she is subject to the two year foreign residency requirement, she will have to get a waiver.

I advise against filing for advance parole unless you anticipate the possibility of some emergency requiring her to leave the United States. Advance parole is not a re-entry permit.

[aaron2020 11,651]

You can file for an adjustment of status if your wife is not subject to the two year foreign residency requirement.

If she is subject to the two year foreign residency requirement, she will have to get a waiver.

I advise against filing for advance parole unless you anticipate the possibility of some emergency requiring her to leave the United States. Advance parole is not a re-entry permit.

Why would you advise not to file for Advance Parole with the I-485 when it is free? Your advice does not make sense.

No one can anticipate an emergency to leave the US when adjusting status - emergencies often arise without notice.

Without AP, the wife would be stuck in the US the entire 6 months it takes to adjust (approximate timeline). If she leaves during those 6 months, she abandon the process and her husband would need to file to petition for a spouse (CR-1 takes about 6-12 months). If she files for AP after submitting the I-485, she would have to pay the fee and wait up to 2 months for AP.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131.

Edited February 15, 2012 by aaron2020

[JamesDTresmondEsq 1]

Why would you advise not to file for Advance Parole with the I-485 when it is free? Your advice does not make sense.

Excuse me? Are you an attorney?

As an attorney, I have seen cases where people have used advance parole to leave the United States for an emergency only to not be re-admitted upon presentation at the border. For some, the temptation to use advance parole for non-emergencies is too great and I advise against it. Advance parole is not a re-entry permit and the best solution is to remain in the United States until a final decision has been made on an application.

[aaron2020 11,651]

Excuse me? Are you an attorney?

As an attorney, I have seen cases where people have used advance parole to leave the United States for an emergency only to not be re-admitted upon presentation at the border. For some, the temptation to use advance parole for non-emergencies is too great and I advise against it. Advance parole is not a re-entry permit and the best solution is to remain in the United States until a final decision has been made on an application.

Wow. So being an attorney makes you that much more knowledgeable than the rest of us? Lets kowtow to you.

As a newbie who joined this site yesterday, you might want to search this forum for all the times that attorneys have given bad advice.

If AP is free, why the heck would the applicant not apply for it? If the applicant doesn't use it, what is the harm? If there is an emergency back home and the applicant needs to leave the US before getting the green card, isn't it better to have the AP rather than just abandon the adjustment without AP?

I would rather have AP and not need it than need it and not have it.

Edited February 15, 2012 by aaron2020

[ceadsearc 516]

Not saying you are a bad attorney, but being an attorney does not necessarily make your advice good. Plenty of attorneys are misinformed - the first attorney we consulted with advised my husband he could use AP to travel abroad, despite a 10-year overstay! Good thing we did our own research!

I also do not understand your advice, though. Applying for AP does not mean USING AP. An emergency can't be predicted and if one hasn't applied at all and it arises, it may be too late to get AP. It would make far more sense to apply for AP just in case and then simply NOT use it unless an emergency arose.

[Glyn and Kathy 288]

Excuse me? Are you an attorney?

Really??? LMAO :rofl: :rofl:

[Kathryn41 3,205]

Moderator hat on - while we appreciate having lawyers and immigration consultants participate on the site and share your expertise, we remind you that you participate not as a lawyer but as another regular member of Visa Journey. The conditions of your participation are spelled out in the Terms of Service by which you agreed to abide when you became a member. They include

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Moderator Hat Off:

As the OP's fiance does not have any out of status days in the US, there is no reason why she should not apply for the I-131 document when she files her I-485. Having the I-131 in hand, as mentioned above, does not mean that one must use it. It means one does not have the heartache and delays involved in responding to an emergency back home while trying to deal with getting an emergency I-131 from USCIS when hours - and possibly minutes - count.

Experiential evidence from many members on his website indicates that emergency - and even non-emergency - travel with an I-131 in the absence of any factors mitigating against its usage (an overstay or out of status days) is not a problem. Agreed, the I-131 is not a re-entry permit - it is a parole document - and the two are handled differently administratively. Out of our many thousands of members who have used an I-131 to travel while waiting adjustment of status, I do not recall reading of one individual who was denied admission back to the US when there were no extenuating circumstances due to overstays, etc. We have heard of quite a number of circumstances where someone was not able to obtain an emergency I-131 quickly enough to return home and say goodbye to a beloved parent or grandparent, and we also have members who have left the US regardless who could not wait and of course, then had to undergo the whole immigration process again from outside of the US. Obtaining a simple form to which the applicant is entitled is well advised insurance that, if worse comes to worse, they can quickly travel out of the US for an emergency without USCIS deeming they have abandoned their Adjustment petition.

[JamesDTresmondEsq 1]

In my experience, AP is too tempting for some people to apply for it and not to use it, because they feel "imprisoned" within the United States during the time that their application is being processed. They leave the country and are rendered inadmissible. I've seen this happen too many times. The temptation gets to some of these people. Most people really have no need for AP.

In response to Kathryn, I am not using your website to solicit for business and none of these posts can be construed as creating an attorney-client relationship. Your boldface quotations of the Terms of Service are unnecessary, and frankly offensive to a person who came here to share their experiences with the immigration law in hopes that it may help them.

[Soapz 14]

To get back on track: - follow the guide for AOS, ask any question you need an answer to and file the forms.

Whether or not your girlfriend wants to file for Advance Parole is up to her, and I'm sure she will be able to make an informed decision. If she decides to file there will be no extra fees for it.

[VanessaTony 3,567]

In my experience, AP is too tempting for some people to apply for it and not to use it, because they feel "imprisoned" within the United States during the time that their application is being processed. They leave the country and are rendered inadmissible. I've seen this happen too many times. The temptation gets to some of these people. Most people really have no need for AP.

I agree and I disagree.

If there is no overstay applying for AP is beneficial in case of emergencies (I actually HAD an emergency but luckily had my GC by then). I know a lady who's father died while she waited for AP. She received it the day of the funeral so there was little point in using it.

I agree that people shouldn't use AP unless it an emergency. If they are outside the US and their AOS is denied they are locked out and need to apply for another visa to re-enter. I don't think it should be used for holidays, it's just too risky. I had mine but I never used it but having an ailing father I felt better having it. I was just "lucky" (if you can call it that given the circumstances) that he didn't take his turn until after I had my GC.

It's a sad truth that I said goodbye to him when I left the US on the K1 visa knowing I might not see him again before he passed. I'm happy to say that's not the case and he's still kicking away but the point is people need to realise that immigration has it's benefits and has it's faults. One of the faults is being "trapped" until the process is over or risking losing that money and being locked OUTSIDE the US while you get a visa to re-enter and spend time away from your spouse. You need to figure out where you stand in case there is an emergency. Would you stay in the US? Would you abandon your process to get home? My decision was to stay in the US and I discussed that with my family before I left and they understood. Thankfully, like I said, it didn't come to that but I would have used the AP if it did (depending how far into the process I was)