I-485 question

[Jagigi 0]

Hello all,

My wife entered the US as an Au Pair, then switched to a student visa when her Au Pair term ended. She did not return to her country between the Visas because she received her approval soon enough to begin school right away. Now we are married and applying for AOS.

For Part 3: Processing Information we are filling it out with information from her last arrival. Visa #, Date entered, etc etc.

For marital status do we put Single since she entered the US as Single? Or do we put married since she is now married?

[Pitaya 2,576]

Hello all,

My wife entered the US as an Au Pair, then switched to a student visa when her Au Pair term ended. She did not return to her country between the Visas because she received her approval soon enough to begin school right away. Now we are married and applying for AOS.

For Part 3: Processing Information we are filling it out with information from her last arrival. Visa #, Date entered, etc etc.

For marital status do we put Single since she entered the US as Single? Or do we put married since she is now married?

What will be her marital status on the date that she signs her Form I-485, Application to Register Permanent Residence or Adjust Status? HTH.

Good luck on your immigration journey.

[Que Saudade 284]

What will be her marital status on the date that she signs her Form I-485, Application to Register Permanent Residence or Adjust Status? HTH.

Try not to make it confusing to yourself. The question is not asking you what the status was when she entered. It is just asking current status.

Boa Sorte.....

[mrs_gonzo 9]

I have.a.question also: part 3C where they.ask about organizations, I do list pair agencies, or not?

Thank you!

[Jagigi 0]

I have.a.question also: part 3C where they.ask about organizations, I do list pair agencies, or not?

Thank you!

We have that question as well. We listed the student groups she is a member of, but are not sure if we should list those. I'm thinking no because they were for employment.

[Harpa Timsah 13,258]

Is your wife subject to the 2-year Home Residency Requirement from her J-1?

[Que Saudade 284]

Is your wife subject to the 2-year Home Residency Requirement from her J-1?

Good question Harpa. Since the OP, and not Mrs_Gonzo, switched from J1 to student visa, she would be adjusting from student visa and not J1.

Or, does she still have to fulfill the requirement if she had one on J1?

[Harpa Timsah 13,258]

Good question Harpa. Since the OP, and not Mrs_Gonzo, switched from J1 to student visa, she would be adjusting from student visa and not J1.

Or, does she still have to fulfill the requirement if she had one on J1?

If they had 2-year HRRs on the J-1, they can change to another temp. student visa (like F-1) but before PR they need to deal with the original 2-year HRR.

Changing to another non-immigrant status does not make the HRR go away.

[mrs_gonzo 9]

If they had 2-year HRRs on the J-1, they can change to another temp. student visa (like F-1) but before PR they need to deal with the original 2-year HRR.

Changing to another non-immigrant status does not make the HRR go away.

In order to change status while within the country you can only do so if the 2year rule does NOT apply. in my case it doesnt and i think the OP mentioned his wife did the same, so neither one of us is subject to it.

Does the rule have anything to do with the part of where to list organizations? I mean there is another question where it specifically asks about the j1 with 2 HRR... which I marked as NO cause I am not subject to it.

** I also changed from J1 to F! and I am NOT subject to the rule. If i was they would have denied my application and I would have had to apply for a F1 in germany. In addition the 2 years would still apply even after getting a new visa**

Edited August 20, 2012 by mrs_gonzo

[Dori5556 0]

Hi, I was an au pair myself. Do i put au pair agency in the part 3 of the form where they ask if i was a part of any organization?