Au Pair girlfriend going back to mexico- Applying for k1

[Tm and Je 33]

I met my girlfriend online while she was working for Au-Pair in the US. She is originally from Mexico. Her visa is expiring and her flight back to mexico is may 30th. I fell deeply in love with her, and now we have decided our only way for each other to make this work is to go through with applying for the k1 visa and then getting married. I have already started working on the i-129, and have been doing my research like crazy. I am only 23 years old, but I decided I think I'm smart enough to get this done with out an attorney. So I'm ready to go through with this. I am not ready to wait 6+ months for us to live together again, but I'm in love and willing to do anything for us to be together.

I just have a few questions regarding this whole journey...

- I know I need to require proof that I am a US citizen (It says I need a passport or a birth certificate) I lost my birth certificate and do not have a passport, would it be okay for them to send them copies of my social security card?

-Will the beneficiary (My girlfriend) be needing to send her birth certificate when I file the i-129 or do I wait for her interview to come and/or wait for us to get approved?

- Also, I know since she is an au-pair and is required to pay taxes. We are taking care of this right now as she owes about 210$ to the IRS. Since we are paying for her taxes literally right before I send out our packet do you think we will run into problems getting approved?

-Last question is do we need to be together for a certain amount of time? We've only been together for about 6 months. I have never felt the way I feel about her with any one else though, I'm positive I'm not making a mistake.

Dustin and Shan...be careful. I found this on the internet. Just check and make sure to do the right things.

"As a J-1 Visa holder, you are free to marry a U.S. citizen, but you may have to return to your country of residence before you can qualify for permanent residence.

In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. However, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa -- in particular, whether he or she is subject to the "two-year home country physical presence requirement."

Receiving a J-1 visa means that you are part of an exchange program, the goal of which is to promote cultural exchange. If you simply stay in the United States after finishing your time as an exchange visitor, without going home and sharing or utilizing what you've learned, that goal will not have been met. For this reason, J-1 visas often come with the requirement that the holder return home at the end of the visa term and spend two years there before attempting to return on an H, L, K, or immigrant lawful permanent resident (LPR) visa. (To read the original law on this topic, see Section 212(e) of the Immigration and Nationality Act or I.N.A.).

How Will I Know for Sure Whether I'm Subject to This Requirement?

Check the Certificate of Eligibility (Form DS-2019) that you received from your program sponsor. It has a space showing whether you're subject to the foreign residence requirement. Also look at the J-1 visa that the U.S. consulate gives you. It too should state whether you're subject to the two-year home country physical presence requirement."

[C-ma'am 684]

Dustin and Shan...be careful. I found this on the internet. Just check and make sure to do the right things.

"As a J-1 Visa holder, you are free to marry a U.S. citizen, but you may have to return to your country of residence before you can qualify for permanent residence.

^^^ THIS! She might be subject to this rule.

Also, I'm sorry for being the party pooper ... but... if you don't have enough cash to cover the fee/s. How do you plan on moving forward with either process? You will need money for the K1 and for AOS independently of whichever comes first. I don't deny you are in love, but marriage is not just a paper (I am saying this with the utmost respect. Don't rush into something that will change your lives forever)

[Unidentified 2,930]

I just don't have the 1400$

Then maybe K1 one is the better step. Let her go back home and spend time saving up the money. Spousal visa might be a better option as she would receive her Green Card before coming her and be able to work right away. If you marry and do AOS or do K1 and AOS she will have to wait 3+ months before she can work. If you can't pay for AOS how are you going to support yourself and her while she can't even work? Only downside is that spousal visa takes about a year. But you wouldn't have to stress about supporting her and you could spend that time saving up money.

[dustinandshan 0]

Then maybe K1 one is the better step. Let her go back home and spend time saving up the money. Spousal visa might be a better option as she would receive her Green Card before coming her and be able to work right away. If you marry and do AOS or do K1 and AOS she will have to wait 3+ months before she can work. If you can't pay for AOS how are you going to support yourself and her while she can't even work? Only downside is that spousal visa takes about a year. But you wouldn't have to stress about supporting her and you could spend that time saving up money.

I can pay for it, I just need time. We just bought a car together and am paying it off real soon. This is just heart breaking to me, I know you guys had to go through with it as well. I just gotta suck it up Thanks everyone for the support. I don't wanna keep her from seeing her family. When she gets on the plane and I have to see her leave it's going to tear me up on the inside.

[Unidentified 2,930]

I can pay for it, I just need time. We just bought a car together and am paying it off real soon. This is just heart breaking to me, I know you guys had to go through with it as well. I just gotta suck it up Thanks everyone for the support. I don't wanna keep her from seeing her family. When she gets on the plane and I have to see her leave it's going to tear me up on the inside.

Yeah I know it will be heard but you will see each other again. There will be many tears but luckily today you can always skype/facetime/hangout whatever you prefer which will make it slightly less awful. It will be hard but once it's over it's like you forget how long the journey was

[p-ana 933]

I can pay for it, I just need time. We just bought a car together and am paying it off real soon. This is just heart breaking to me, I know you guys had to go through with it as well. I just gotta suck it up Thanks everyone for the support. I don't wanna keep her from seeing her family. When she gets on the plane and I have to see her leave it's going to tear me up on the inside.

Mexico is relatively close, you can both save for the immigration process as well as visiting. Don't get discouraged, take the time to understand the process and get ready. And as people say "absence makes the heart grow fonder"

Good luck

[dustinandshan 0]

Dustin and Shan...be careful. I found this on the internet. Just check and make sure to do the right things.

"As a J-1 Visa holder, you are free to marry a U.S. citizen, but you may have to return to your country of residence before you can qualify for permanent residence.

In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. However, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa -- in particular, whether he or she is subject to the "two-year home country physical presence requirement."

Receiving a J-1 visa means that you are part of an exchange program, the goal of which is to promote cultural exchange. If you simply stay in the United States after finishing your time as an exchange visitor, without going home and sharing or utilizing what you've learned, that goal will not have been met. For this reason, J-1 visas often come with the requirement that the holder return home at the end of the visa term and spend two years there before attempting to return on an H, L, K, or immigrant lawful permanent resident (LPR) visa. (To read the original law on this topic, see Section 212(e) of the Immigration and Nationality Act or I.N.A.).

How Will I Know for Sure Whether I'm Subject to This Requirement?

Check the Certificate of Eligibility (Form DS-2019) that you received from your program sponsor. It has a space showing whether you're subject to the foreign residence requirement. Also look at the J-1 visa that the U.S. consulate gives you. It too should state whether you're subject to the two-year home country physical presence requirement."

Because she is in mexico, she is not part of the two year rule. It says right on her visa. Thank you for trying to warn us though

[KayDeeCee 4,892]

I can pay for it, I just need time. We just bought a car together and am paying it off real soon. This is just heart breaking to me, I know you guys had to go through with it as well. I just gotta suck it up Thanks everyone for the support. I don't wanna keep her from seeing her family. When she gets on the plane and I have to see her leave it's going to tear me up on the inside.

Well, she can return and you can save up money while she sees her family. You can still visit, even after filing for the K-1. You may want to compare getting the K-1 vs. CR-1 though.

With the K-1, it will be $340 for the petition, $265 for the visa processing fee, plus the fee for the medical and expenses for traveling to Juarez. THEN, once she is back in the US via the K-1 and marries you, you will need $1070 to file for AOS. She won't be able to work and travel(re-enter) until she has her EAD/AP or green card. EAD/AP can take 60-90+ days to receive.

If you get married first and file for a spousal visa, she will be a permanent resident as soon as she enters the US via the CR-1, and she will be able to work and travel right away.

[dustinandshan 0]

Change of plan guys. I just found out she might wanna go to Portland and file for aos instead because she's got a good job where she can nanny some kids. How long do we have to file. I have someone letting me borrow about 340$ so that helps. But she shouldn't be working till August and the plan is that if this works she will stay with me untill then. How much do we need? 1000 or 1400? And how much time do we have to file before things get conplicated?

[newacct 688]

Change of plan guys. I just found out she might wanna go to Portland and file for aos instead because she's got a good job where she can nanny some kids. How long do we have to file. I have someone letting me borrow about 340$ so that helps. But she shouldn't be working till August and the plan is that if this works she will stay with me untill then. How much do we need? 1000 or 1400? And how much time do we have to file before things get conplicated?

There is no time limit. But the sooner the better. She is deportable in the period of time after her status ends and before she files. Also, she cannot work legally until she gets an EAD or green card, and if she applies for an EAD with AOS she can get the EAD in about 90 days.

The fees for I-130 and I-485 are $1490 total ($420 for I-130, $1070 for I-485, and I-765 and I-131 are free). There is also the cost of the medical, which varies depending on the particular civil surgeon, but might run into a few hundred dollars.

[dustinandshan 0]

It will be under that table work. And I have a job. So if we do not file by the time her visa ends on June 4th she'll be deported?

[A'n'L 735]

It will be under that table work. And I have a job. So if we do not file by the time her visa ends on June 4th she'll be deported?

No, that doesn't happen automatically. However, she will be out of status. I recommend you get married and file asap.

She can not work in any way until she receives EAD.

[dustinandshan 0]

How will they find out that she is working. She is nannying a family friends kids and I will be living with her and have a job. So I can just say that I am paying rent at her friends house. Is this dangerous?

No, that doesn't happen automatically. However, she will be out of status. I recommend you get married and file asap.

She can not work in any way until she receives EAD.

How long do we have until she will be deported? Do you guys have a timeline? I wouldn't suspect it take anymore than a month or 2 to get the money

[Harpa Timsah 13,258]

You must declare all work on her AOS, whether legal or illegal. No one on this board can help you with illegal work.

[A'n'L 735]

How will they find out that she is working. She is nannying a family friends kids and I will be living with her and have a job. So I can just say that I am paying rent at her friends house. Is this dangerous?

Nobody on this forum will support you in illegal activity.