Au Pair (J1 Visa) Adjustment of Status Marriage

[flavia.m 1]

I'm an Au Pair in NJ getting married to an US Citizen.

I would like to know if I can keep working as an au pair (J1 visa) after I apply for the adjustment of status or my visa will be cancelled when I send the paperwork to AOS.

I have the option to extend my program for one more year, and I'd do this and get married 2 months after the extension and apply for the green card through marriage.

Is it legal or I will lose my visa and cannot work while I'm in this process?

Edited May 1, 2019 by flavia.m

[Becci391 339]

I could be wrong but once you apply for AOS you will lose your J1 Visa status and cannot work until you get your work permit which takes 4 to 6 months.

[flavia.m 1]

Do you know how long more or less I would be able to work after I apply for the AOS? I'd have to leave the program right away? 

[geowrian 22,335]

Applying for AOS does not terminate one's status. So long as you comply with the terms of your status, it remains.

Making use of a benefit due to a pending AOS application (i.e. an EAD or AP) would terminate your status. But by then you have work/travel authorization anyway.

Properly filing an AOS application grants a period of authorized stay while the case is pending.

 

Just note that you can apply for AOS so long as you are already in the country. You can't leave the country then come back on a J-1 visa to file AOS.

Assuming your extension is obtained within the US (not going abroad to get a new visa), that shouldn't be an issue.

 

Also be aware that if you leave the US after filing AOS but before you obtain AP (~4-6 months when filed alongside AOS), you will automatically abandon the AOS application and need to do consular processing abroad for a spousal visa instead.

In your stated timeline, that's a very long time to be essentially "stuck" in the US (extension -> 2 months -> 4-6 months to get AP).

[flavia.m 1]

So are you saying that I can keep working as an Au Pair during the time my AOS is being processed? 

When you said "Making use of a benefit due to a pending AOS application (i.e. an EAD or AP) would terminate your status." what do you mean? 

What I'm doing, keep working on a J1 visa while wait for the adjustment of status doesn't apply to that? 

[geowrian 22,335]

28 minutes ago, flavia.m said:

So are you saying that I can keep working as an Au Pair during the time my AOS is being processed? 

When you said "Making use of a benefit due to a pending AOS application (i.e. an EAD or AP) would terminate your status." what do you mean? 

What I'm doing, keep working on a J1 visa while wait for the adjustment of status doesn't apply to that? 

Yes, so long as you otherwise maintain work eligibility via your J-1 status. If they terminate your involvement with the program or something else that ends your J-1 status, then you would lose the derived work eligibility at that time as well.

 

It means if you apply for AOS plus an EAD & AP (which I highly suggest doing as there is no drawback to having them and no extra fee involved) - and you subsequently receive an EAD or AP - once you actually use them you would no longer be on J-1 status.

EAD is the work authorization. You "use" this by working (outside of what your J-1 status permits)

AP is the travel/re-entry authorization. You "use" this by exiting/re-entering the country via it.

Edited May 1, 2019 by geowrian