pregnant fiancee in US on J-1 Visa - Lots of Questions

[aaron2020 11,651]

Does anyone else question the idea of marrying someone he has known for less than two months, and has only physically met on one trip?...even if she is pregnant? Maybe it is just me, but marriage is a pretty big deal. I would want a little more time to get to know each other. The honeymoon phase Will pass, and you want to be sure there is a deeper love/relationship there.

Not me.

OP asked for immigration help. He got that.

OP did not ask about relationship advice or your opinion on whether he knows her well enough to marry. He's a grown boy. He's capable of taking care of himself.

How would you like unsolicited advice (or opinion on whether you and yours are ready for marriage) on your relationship when asking about immigration issues?

Edited April 2, 2015 by aaron2020

[jthomas6759 0]

thank you again for the additional information. Redbeard, thanks for your encouragement (lol). I am sure that we will get some questions, we are both almost 30 years old, I have been a Soldier since i was 17 and a police officer for several years. We made one mistake, and now we will be preparing for a baby. We have talked and talked and decided this is the best thing for us. Thank you for your concern though. And again, thank you all for your encouragement and your help. Will continue reading to see if we can do this by ourselves. Let me ask, if we following the directions perfectly and are very prompt in returning all communication, do you think you have just as good of a change of getting a residence card rather than hiring an attorney? We both have college degrees, but have to be honest, we have been a bit intimidated when "google searching".

[ValerieA 350]

Does anyone else question the idea of marrying someone he has known for less than two months, and has only physically met on one trip?...even if she is pregnant? Maybe it is just me, but marriage is a pretty big deal. I would want a little more time to get to know each other. The honeymoon phase Will pass, and you want to be sure there is a deeper love/relationship there.

Nope. Not our business. OP had specific questions, and all that matters is answering them.

[ValerieA 350]

Yes, just as good a chance, and frankly, you will get to the filing point faster. All the lawyer does is have a paralegal fill out the forms from information and documents you have to provide, then you have to review them with a fine-tooth comb because they will make mistakes. I was very sorry that we used an immigration attorney, it cost us money and time. I had to inform HER that the K-3 visa had been rendered obsolete months before (this was a side conversation she and I were having). It was very frustrating. To be fair, you may get a better attorney.

Will continue reading to see if we can do this by ourselves. Let me ask, if we following the directions perfectly and are very prompt in returning all communication, do you think you have just as good of a change of getting a residence card rather than hiring an attorney? We both have college degrees, but have to be honest, we have been a bit intimidated when "google searching".

[jthomas6759 0]

thank you ValeriA. as i was reading on other forums i thought of a new question. since her J-1 will probably be revoked as soon as she quits the au pair agency she is with (to come to atlanta to get married), would it be better if we got married before she actually leaves her job then apply for an AOS? i am thinking that as soon as she comes her, that J-1 will be voided, and as i understand as soon as we start the AOS journey that she will be here legally. we know she can't work etc until I-765 is approved, but maybe that would be a better route for us?

thanks-

[ValerieA 350]

thank you ValeriA. as i was reading on other forums i thought of a new question. since her J-1 will probably be revoked as soon as she quits the au pair agency she is with (to come to atlanta to get married), would it be better if we got married before she actually leaves her job then apply for an AOS? i am thinking that as soon as she comes her, that J-1 will be voided, and as i understand as soon as we start the AOS journey that she will be here legally. we know she can't work etc until I-765 is approved, but maybe that would be a better route for us?

thanks-

I'm going to leave that question for others - you have to get married before submitting the AOS, but that's not the question you are asking, I don't think. I would think it would be best to get married, then file AOS a few days before her last day on the job - technically it has to be received by USCIS for her to be protected by it, not just mailed to them. That being said, as long as she doesn't get stopped by Border Patrol (unlikely unless you are in Texas, as I understand) her being out of status for a short time is not a concern. Overstay is forgiven for the spouse of a US citizen when it comes to AOS.

OK, I said I would leave that question for others and then kept spouting on.

[Boiler 43,393]

This si a site for people who do it themselves, most do not not use a lawyer, I sometimes thing there are a few that should.

[Cathi 5,609]

Does anyone else question the idea of marrying someone he has known for less than two months, and has only physically met on one trip?...even if she is pregnant? Maybe it is just me, but marriage is a pretty big deal. I would want a little more time to get to know each other. The honeymoon phase Will pass, and you want to be sure there is a deeper love/relationship there.

Really none of your business. The OP didn't come here asking for relationship advice.

[redbeard 22]

Really none of your business. The OP didn't come here asking for relationship advice.

Ok...jesus people. Chill. It doesn't affect my life one iota obviously. Sorry I posted!

[blahblahblog 36]

About using a lawyer, your case seems pretty straightforward so I don't think you'll need one. But if it's pro bono, I don't know if it would hurt to at least consult with one and see if you trust them. I like mine and I think she's saving me quite a bit of time and hassle (which I waste here on VJ, but that's another issue).

About what you do, I think it doesn't really matter**. You'll be fine as long as you marry her and AOS in a timely fashion.

The "completely above water" thing to do is marry her and file for AOS before she quits or do it in the 30 day period after the natural end of her program. This is the route to take if you want to never be afraid of anything.

If she just quits before applying for the AOS she'll be out of status during that period of time. But she won't be illegally present* so it won't cause her any harm ever, unless she's caught by ICE/CBP.

In the incredibly unlikely event that she's caught by ICE or CBP, she might be taken to immigration justice. She'll be initially released with a bail and you guys move on with your lives. By the time her court appearance happens, you guys will probably be already married and you will be able to file for AOS in front of the immigration judge during the deportation process. The judge will curse the overzealous officer that started deportation against your wife and all will grant AOS.

*http://www.murthy.com/2013/06/03/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence/

**I'm assuming that the marriage is legit and you'll have evidence for that. I'm also assuming she doesn't get in trouble with the criminal law.

[jthomas6759 0]

wow, I should have come here before I read for many, many hours and still could not find the right answers. Because she is having to live with her host family in SFO and I am in Atlanta, I am now thinking to meet in Las Vegas, have a legal ceremony, she will return to SFO and I will return home. Then we fill for AOS and after we get confirmation, she can tell the agency she is pregnant and they will let her go. But we will have filed for the AOS while she was still under the J-1. I am thinking now, we can do it ourselves and like the idea of having a little more control over things (faster etc). Thank you for all of the help, I am sure we will have more questions we go. Did look at the J-1 visa she has and she is not subject to the two year rule (to return to Brazil) so we are grateful for that.

Thanks again-

[kels430 31]

I would also agree that since you're case seems pretty straightforward that a lawyer wouldn't be necessary. I think everyone pretty much answered your questions but I also wanted to say congrats on the baby!

[blahblahblog 36]

Sounds like a plan! Congrats on the baby and the wedding and hope it's all smooth for you guys!