J1 visa status after getting married?

[shrive22 0]

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.?

[kzielu 1,144]

Marriage has absolutely nothing to do with her status. If it's still valid, she's meeting requirements of whatever program she is in, marriage will have no impact on it at all.

[shrive22 0]

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

[kzielu 1,144]

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.

[Ryan H 3,790]

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

[blahblahblog 36]

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.