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J1 visa status after getting married?

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What, if anything will happen to my fiancee's J1 visa status when we get married on 3/31 ? She is in the US on a J1 visa Au Pair exchange program from Brazil. Her visa ends in May 2015. She is not subject to the 2 year residency requirement.

1) after we get married, will she be able to continue to work as an Au Pair?

2) if not, does the marriage end her J1 status? OR does filing the adjustment of status documents(i-485, etc) end the J1 visa?

3) if it does, how can she stay in the US for the period after we get married until we file the i-130, i-485, etc.?

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what happens if after we get married, the au pair agency cancels her program/J1 visa?

Same thing that would have happened if you weren't married and au pair agency had cancelled her program/J1 visa - she would be out of status.

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Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Not a lawyer, but this is my understanding of the process and the law on this:

Getting married will not change her immigration status. She can still work as au pair and her status will remain J1 until:

- she goes out of status (she stops working as au pair, accepts non authorized employment or her agency cancel her program) OR

- the I-130/I-485 application is approved and the adjustment of status is finalized (her status becomes LPR)

Filing the I-130/I-485/I-765 doesn't take her out of J1 status. However, using the EAD from the I-485 will take her out of her J1 status.

If you filed the I-485 AND you lost your J1 status, the USCIS will consider you in the limbo "waiting for adjustment" condition (which isn't statutory legal status, it's an USCIS relief for out of status people that are likely going to get GCs soon).

What, if anything will happen to my fiancee's J1 visa status when we get married on 3/31 ? She is in the US on a J1 visa Au Pair exchange program from Brazil. Her visa ends in May 2015. She is not subject to the 2 year residency requirement.

1) after we get married, will she be able to continue to work as an Au Pair?

2) if not, does the marriage end her J1 status? OR does filing the adjustment of status documents(i-485, etc) end the J1 visa?

3) if it does, how can she stay in the US for the period after we get married until we file the i-130, i-485, etc.?

1) Yes

2) No and no.

3) It doesn't, so moot question.

what happens if after we get married, the au pair agency cancels her program/J1 visa?

She goes out of J1 status. If you had filed the I-130/I-485 before that event, then she moves into the "waiting for adjustment" limbo status and can legally stay under the relief concept. If you hadn't filed for the I-130/I-485 then she immediately goes out of status and has to leave the country.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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