Au Pair girlfriend going back to mexico- Applying for k1

[Unidentified 2,930]

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.

Wrong. From the day she is no longer working she has 30 days to leave the country. Most au pairs spend this time traveling.

[newacct 688]

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

I didn't say her status isn't over. But the fact is that she won't accrue unlawful presence. Though that is not really relevant as "unlawful presence" only matters for the 9B and 9C bans anyway.

Edited May 26, 2016 by newacct

[dustinandshan 0]

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.

Her i94 does state that she does not have an actual date to leave the US. But her visa expires June 4th. On her visa she has 1 month of authorized stay so she wouldn't even be illegal. That will be plenty enough time for us to file for AOS. I am not trying to do anything illegally, I want to do everything right. I just was wandering if there was any loopholes around her working under the table, but if not I do not want her deported. Thank you guys for the support.

[newacct 688]

Wrong. From the day she is no longer working she has 30 days to leave the country. Most au pairs spend this time traveling.

I didn't say she didn't. Know what I am saying before you call it wrong.

[KayDeeCee 4,892]

Her i94 does state that she does not have an actual date to leave the US. But her visa expires June 4th. On her visa she has 1 month of authorized stay so she wouldn't even be illegal. That will be plenty enough time for us to file for AOS. I am not trying to do anything illegally, I want to do everything right. I just was wandering if there was any loopholes around her working under the table, but if not I do not want her deported. Thank you guys for the support.

Since she has 30 days of authorized stay after her qualifying employment ends(thanks to you and and Maria&Seve for the heads up about the J-1 status), then she will still be legally in status during that time. You could marry and file for AOS without her ever being out of status. Just skip the part about her working before getting her EAD.

[Unidentified 2,930]

Her i94 does state that she does not have an actual date to leave the US. But her visa expires June 4th. On her visa she has 1 month of authorized stay so she wouldn't even be illegal. That will be plenty enough time for us to file for AOS. I am not trying to do anything illegally, I want to do everything right. I just was wandering if there was any loopholes around her working under the table, but if not I do not want her deported. Thank you guys for the support.

Yeah like mentioned earlier she has 30 days from the end date to leave unless you marry and do AOS.

Have you looked into the affidavit of support? You need to figure out if you have enough to support her or if you need a sponsor. It also makes you responsible for her not being a public charge

[dustinandshan 0]

Yeah like mentioned earlier she has 30 days from the end date to leave unless you marry and do AOS.

Have you looked into the affidavit of support? You need to figure out if you have enough to support her or if you need a sponsor. It also makes you responsible for her not being a public charge

I have looked at the process for the k1 but not the AOS yet as we are just considering doing this now. I make about 19200-2000 a year before taxes and I only support her.

[KayDeeCee 4,892]

I didn't say her status isn't over. But the fact is that she won't accrue unlawful presence. Though that is not really relevant as "unlawful presence" only matters for the 9B and 9C bans anyway.

Yeah true, overstay, bars and deportation are not really issues for her staying and filing for AOS anyway. And you are correct. Unlawful presence would not begin until the USCIS denied a benefit or an IJ made a ruling

[KayDeeCee 4,892]

I have looked at the process for the k1 but not the AOS yet as we are just considering doing this now. I make about 19200-2000 a year before taxes and I only support her.

You need an annual income of $20,025, or a combo of income and assets(at 3 times the amount short on income), or a joint sponsor. https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[Transborderwife 4,666]

Her i94 does state that she does not have an actual date to leave the US. But her visa expires June 4th. On her visa she has 1 month of authorized stay so she wouldn't even be illegal. That will be plenty enough time for us to file for AOS. I am not trying to do anything illegally, I want to do everything right. I just was wandering if there was any loopholes around her working under the table, but if not I do not want her deported. Thank you guys for the support.

No loopholes for under the table work but once aos is filed she will likely have her ead after 90 days. What about getting a loan?

[dustinandshan 0]

Okay guys, we've decided to go with the k1 visa. I proposed to her before she left while camping. She went back to mexico. Excited to get this process started.

[dustinandshan 0]

Do you guys think that all my pictures and facebook messages have been enough proof of our relationship? I also have a picture of her with the ring I got her. The thing is, the ring was passed down from my mom so I cannot get a receipt...

[p-ana 933]

Do you guys think that all my pictures and facebook messages have been enough proof of our relationship? I also have a picture of her with the ring I got her. The thing is, the ring was passed down from my mom so I cannot get a receipt...

Receipt for the ring is not needed.

Get copies of her visa papers, passport to establish she was in the us, get documents showing you two were in the same place and same time (credit card purchases in the same city and same day for example). As an au paid she probably had a license, some sort of contract, I'd add those too. Pictures and chat are not enough.

[dustinandshan 0]

Receipt for the ring is not needed.

Get copies of her visa papers, passport to establish she was in the us, get documents showing you two were in the same place and same time (credit card purchases in the same city and same day for example). As an au paid she probably had a license, some sort of contract, I'd add those too. Pictures and chat are not enough.

I have copies of her passport and visa. So I should also get her au pair papers and certificates? We both took a trip to Santa Cruz, but my name is not on the papers because she payed for the trip. We do have photos at Santa Cruz though. I may have bought something on my card at Santa Cruz.. And credit card purchases? How could I prove that? I have a lot of stuff that I bought for her. But how do I prove she was with me on the same day and same time?

[p-ana 933]

I have copies of her passport and visa. So I should also get her au pair papers and certificates? We both took a trip to Santa Cruz, but my name is not on the papers because she payed for the trip. We do have photos at Santa Cruz though. I may have bought something on my card at Santa Cruz.. And credit card purchases? How could I prove that? I have a lot of stuff that I bought for her. But how do I prove she was with me on the same day and same time?

you were in Santa Cruz together. Did you pay anything with a credit/ debit card so the statement shows you were there? I'd get a copy of the statement and highlight the purchase.