Which visa??

[EliseJane 0]

Hi,

I am currently an Au Pair working in the US. I have been her 13 months and have 10 left.

My boyfriend is an American citizen and we really want to get married and start our lives together. But I have 10 months left on my au pair contract, so first question-can I get married on my J1 visa? Second question, after getting married am I able to visit Australia say for Christmas this year or do I have to wait until I have a green card before leaving the country? I don't want to leave then get caught up customs or whatever and not be let back in the country. If so how long does it take to obtain a green card and again can this be done on my j1 visa?

What are the steps in getting married so I do it legally iwith no issues or hassles. We have been through a lot over the past year and we really want things to be easy and work out to begin our future together.

Thanks in advance!!!

Elise

[Penguin_ie 6,001]

*** Moving from K1 fiance visa to General Immigration as OP has not yet decided whether to go for AOS (Adjustment of Status) or a visa ***

[Boggy1974 124]

Hi,

I am currently an Au Pair working in the US. I have been her 13 months and have 10 left.

My boyfriend is an American citizen and we really want to get married and start our lives together. But I have 10 months left on my au pair contract, so first question-can I get married on my J1 visa? Second question, after getting married am I able to visit Australia say for Christmas this year or do I have to wait until I have a green card before leaving the country? I don't want to leave then get caught up customs or whatever and not be let back in the country. If so how long does it take to obtain a green card and again can this be done on my j1 visa?

What are the steps in getting married so I do it legally iwith no issues or hassles. We have been through a lot over the past year and we really want things to be easy and work out to begin our future together.

Thanks in advance!!!

Elise

Is your J1 au pair visa subject to the "home residency requirement"?

If yes then you may not be allowed to adjust status:

Exchange visitors participating in certain types of programs may be required to return to their home countries for at least two years before they are permitted to adjust status from J-1 visa to Green Card or apply for change of status. If not subject to the home residency requirment you may change status in the U.S.

If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.

You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.

On the other hand:

You may apply for an immigrant status in the U.S. through the following options if you are not subject to the HRR:

• Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary.

• Employment Based Immigration(Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the DOL.

• National Interest Waiver: You may also file an immigration petition through a 'National Interest Waiver' (NIW). National interest waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as 'aliens of exceptional ability'.

Steps of getting married in the US depends on the state or county. Some just go to the court house to register. In NYC, you simply go to City Hall to register at the justices at peace. So you need to find out from where you live.

Edited February 11, 2013 by Boggy1974