Au Pair girlfriend going back to mexico- Applying for k1

[dustinandshan 0]

I understand that :/ I'm just at a loss of what to do.

[dustinandshan 0]

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

[Unidentified 2,930]

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?

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

She can get in so much trouble if she get caught working illegally, it's not worth it.

[A'n'L 735]

I understand that :/ I'm just at a loss of what to do.

Whatever you do, do it legally and honestly. Immigration is a long and difficult journey, if you don't play fair it may well come back to haunt you.

If I were you, I'd let her go home to Mexico, get a good and steady job to support her for the K1 and subsequent AOS. But, it's up to you.

[Unidentified 2,930]

I understand that :/ I'm just at a loss of what to do.

K1 is pretty fast, generally just a few months. Let her go home and file for K1 and save up money while she's back home. You said she wanted to see her family. It's perfect as she won't be allowed to work for approximately 3 months anyway. As long as you make sure you can support the two of you while she can't work.

[dustinandshan 0]

What if she nannied to pay for her place to stay. Because then she is not making any money.

[Harpa Timsah 13,263]

Deportation is expensive; that is why there are so many people here who have overstayed their visas. It is too expensive to get them all and send them back home.

So, that is the wrong question.

Overstay is irrelevant/forgiven for spouses of US Citizens who adjust in country, so she could overstay and you could file AOS in a bit. But, there are consequences to this. The main one for you would be that she could not work and she could not visit her family. She would just be sitting in the US waiting for you to get the money to file. You had said that she is eager to see her family and you would be prolonging their time apart.

With that in mind, it may be better to just have her go home and then pursue a fiance visa. Or maybe you could borrow money to to the AOS in country now.

[Unlockable 7,322]

OP,

You had our support up until the decision for her to stay and work illegal. Right now it just sounds like you are looking for a way to circumvent the system.

In the eyes of the government her being a nanny is taking the job away from a US citizen. Even if they are not paying her with cash money they are providing her with room and board. A transaction is still occurring. There are people here who have had their own parents denied visitor visas because they wanted to come over and help with the new baby.

[Unidentified 2,930]

What if she nannied to pay for her place to stay. Because then she is not making any money.

Work for a place to stay is still a form of working which is illegal without work authorization.

[newacct 688]

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

It is highly unlikely she will be put into removal proceedings, unless she gets into some kind of trouble. US does not have the resources to come after most people who overstay, or at least not until months or years later (and they often can't even reliably track who has left the country). Plus even if she is put into removal proceedings, AOS can still be filed, though it will probably be more cost to deal with removal proceedings.

[KayDeeCee 4,904]

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

Deportation is not automatic. She would be out of status accruing illegal presence once her visa expires. That does not mean she will be automatically deported by a certain date. She will just be illegal and can be picked up by ICE for being out of status. Once she files for AOS, she will be a new period of authorized stay.

As for the under the table working... don't.

Find the money to pay for it now somehow, and have her wait for her EAD. She can even ask for an expedite of the EAD based on a job offer citing financial loss as the reason.

If you cannot come up with the money and have her wait to work legally, then just have her go back(married first or not) and visit with her family while you save enough for the K-1+AOS or CR-1.

[newacct 688]

She would be out of status accruing illegal presence once her visa expires.

Actually, she wouldn't even accrue unlawful presence, since she is on J-1 which is usually admitted for "D/S", not for a specific date.

[Rebecca616 38]

since you've been researching a lot I would hope you have read over the Affidavit of Support and what that all entails.....best of luck.

[KayDeeCee 4,904]

Actually, she wouldn't even accrue unlawful presence, since she is on J-1 which is usually admitted for "D/S", not for a specific date.

Her qualifying employment has ended and visa is expiring, so her duration of stay/status would be over.

Edited May 26, 2016 by KayDeeCee

[dustinandshan 0]

OP,

You had our support up until the decision for her to stay and work illegal. Right now it just sounds like you are looking for a way to circumvent the system.

In the eyes of the government her being a nanny is taking the job away from a US citizen. Even if they are not paying her with cash money they are providing her with room and board. A transaction is still occurring. There are people here who have had their own parents denied visitor visas because they wanted to come over and help with the new baby.

I'm not at all. I just have questions.