J1 visa that is terminated and marriage

[ChristopherCham 3]

After reviewing my Fiance's Visa i see that she is not subject to the two year rule !

[ChristopherCham 3]

9 hours ago, ChristopherCham said:

I will check her visa tonight and see if it says anything about the 2 year rule, I asked her about it and she says she doesn't know. 

Her Visa says that she is not subject to the 2 year rule.

[Boiler 43,394]

Au Pair, would not be a 2 year HRR.

[ChristopherCham 3]

1 minute ago, Boiler said:

Au Pair, would not be a 2 year HRR.

Yeah I wasn't sure but several people told me to check into it, so i was just following up. 

[USS_Voyager 1,971]

9 hours ago, ChristopherCham said:

After reviewing my Fiance's Visa i see that she is not subject to the two year rule !

Then you're all good to go my man. Just get married and file the papers away. Again, it is extremely vital that she does NOT leave the US, I would prefer until she has the green card in hand if I was her, but definitely absolutely not until the form I-131 Advanced Parole is approved.

[Nitas_man 3,100]

11 hours ago, ChristopherCham said:

Her Visa says that she is not subject to the 2 year rule.

You're golden.  Best of luck to you guys!

[ChristopherCham 3]

Is it necessary for me to hire an immigration attorney ? Is all the paperwork that i need to send in pretty straight forward ? 

[ChristopherCham 3]

Also i forgot to ask about this, After we submit all of these forms do we still need to worry about her being deported if she is to be stopped for any reason ? i forgot to mention that she has a disgruntled ex boyfriend that has threatened to call ICE on her and tell on her for working and also being here in the states and she is always in fear of something like that happening and I'm so tired of her having to worry about that. I did read an article about a similar situation where someone was actually deported because of an ex tipping off ICE. 

[carmel34 3,528]

39 minutes ago, ChristopherCham said:

Is it necessary for me to hire an immigration attorney ? Is all the paperwork that i need to send in pretty straight forward ? 

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

Edited January 4, 2019 by carmel34
*

[ChristopherCham 3]

30 minutes ago, carmel34 said:

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

Thank you so much for your response I really appreciate it !

[ChristopherCham 3]

3 hours ago, carmel34 said:

No need to hire an attorney.  Spend some time here on VJ reviewing the guide on Adjustment of Status, forum on that topic, and complete the forms and submit everything yourself.  You're in control and not waiting and wondering if the attorney's paralegals are doing it quickly or correctly.  And as for your question on being deported, get married now and file the AOS forms and supporting evidence and documents as soon as you can after that to prevent that from happening.  Once you file AOS, she is under "authorized stay" as a spouse of a USC.  She should not leave the country until AOS is completed and that can take a lot of months.  And she should respect all laws regarding work authorization from now on, no under the table income or anything that might jeopardize the AOS application.  Good luck with getting married and filing AOS!

I appreciate your response, I think she is going to continue working, I dont know if it is possible for her to just quit her job but i know that she is not breaking any other laws.

[SusieQQQ 11,584]

2 hours ago, ChristopherCham said:

I know that she is not breaking any other laws.

Well that’s a relief then.

 

The current system has just about zero incentive for anyone to follow immigration laws as long as they find a usc to marry.  Threads like this need to be bookmarked for the zillion people wondering why they get denied non-immigrant visas.

Edited January 4, 2019 by SusieQQQ

[ChristopherCham 3]

58 minutes ago, SusieQQQ said:

Well that’s a relief then.

 

The current system has just about zero incentive for anyone to follow immigration laws as long as they find a usc to marry.  Threads like this need to be bookmarked for the zillion people wondering why they get denied non-immigrant visas.

I don't quite understand what your saying

[geowrian 22,335]

42 minutes ago, ChristopherCham said:

I don't quite understand what your saying

They appear to be pointing out that her violations are part of the reason why her fellow countrymen have difficulties getting non-immigrant visas. People often post about why their family members and friends can't visit them in the US - even for their wedding.

 

She's bucking the law still by continuing to work, and (illegally) not paying her fair share by not reporting it on taxes. That's not a good start. It does make one   wonder what else they will do if they think they can get away with it.

 

But none of this actually affects her individual case. She can AOS fine.

[Ryan H 3,790]

On ‎1‎/‎3‎/‎2019 at 10:13 AM, NikLR said:

This may be moved again to AOS from work, tourist and student visas should her visa not contain the 2 year requirement

 

**Thread moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.**