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VERONICA MACCARIO

AU PAIR- VISA J1 MARRIED WITH A US CITIZEN

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Posted (edited)

Hello. I really need help. I was an au pair and I am from Italy. I got here on March 13th 2017 and after the first year I extended for other 6 months with another host family. I finished my au pair program on September 13th and on the 27th I got married with my husband (Us citizen). my J1 Visa will be valid until October 13th (then my 2 years with J1 Visa will be completed). Can someone give me some more informations? What is the next step? Am I able to work? Can I go back to Italy for few weeks? (my grandma is really sick and my dog just died). Thank you for your help

 

Veronica

Edited by VERONICA MACCARIO

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You can remain in the US as long as your existing status permits.

 

You can file for AOS, and remain in the US while that is processing. However, if you leave the US without AP or a green card during this period, your AOS application will be deemed abandoned and you will need to complete the visa process abroad (~12-16 months).

AP is taking ~4-6 months on average right now. Emergency AP is available, but do not rely on this being granted...they are very strict with issuing it.

AOS Guide: https://www.visajourney.com/content/i130guide2

You cannot exit the US and re-enter on a J-1 within intent to AOS.

 

The other option is to leave before your existing status expires and go for a CR-1 visa abroad. ETA: ~12-16 months.

Guide: https://www.visajourney.com/content/i130guide1


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

My J1 Visa is saying:

covers period from March 13th 2017 to September 12th 2018 

I got married on the 27th, I have been an au pair until the 13th.

With the au pair program we have an additional month (called travel month) and I thought I could stay until October 13th.  I am really confused. 

Do I have to apply for AOS

Edited by VERONICA MACCARIO

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1 hour ago, VERONICA MACCARIO said:

Do I have to apply for AOS?

You need to file the I-130, I-485 and I-765.  If you leave you will not be able to come back with the J visa.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 15, 2018  I-130 DCF Appointment in Juarez 

June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

 

 

 

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1 hour ago, VERONICA MACCARIO said:

My J1 Visa is saying:

covers period from March 13th 2017 to September 12th 2018 

I got married on the 27th, I have been an au pair until the 13th.

With the au pair program we have an additional month (called travel month) and I thought I could stay until October 13th.  I am really confused. 

Do I have to apply for AOS

I'm not familiar enough with J visas to speak as to when status officially terminates, sorry.

 

As stated above, you have 2 options...

1) AOS. You cannot leave and return unless you have Advance Parole (AP) or a green card. AP is taking ~4-6 months currently.

2) Leave before your status expires and due Consular Processing (CP) abroad for a CR-1 visa.

 

Normally I'd say do #1, but if traveling home within the next ~6 months is important to you then #2 may be a better fit. Nobody knows what's better for you than yourself.

 

If you do #1, you will not be authorized to work until you have an EAD (I-765). This is also taking ~4-6 months.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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