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flavia.m

Au Pair (J1 Visa) Adjustment of Status Marriage

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Posted (edited)

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 by flavia.m

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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.


AOS timeline

02/21/17 Sent AOS, EAD and AP to the USCIS Lockbox Facility in Chicago via UPS

02/24/17 USCIS received the application

03/14/17 Check was cashed

03/15/17 received NOA1s as text messages and emails( notice date is 03/13/17)

03/21/17 NOA1 hardcopies received in the mail

03/30/17 Biometrics Appointment letter received in the mail

04/11/17 Biometrics appointment

05/07/17 Day 75 -> called USCIS about my EAD/AP status: service request was made; my I-485 is still in the normal time frame

06/01/17 Day 100 since sending AOS to USCIS Chicago Lockbox

06/08/17 Day 107 -> new EAD status: New Card Is Being Produced( No RFE or RFIE)

06/12/17 Received NOA2 Approval Notice for EAD and AP in the mail

06/13/17 New EAD status: Card Was Mailed To Me

06/17/17 Day 116 -> Received EAD/AP combo card in the mail

10/18/17 Day 240 -> Green Card is being produced (no interview)

10/20/17 Day 242 -> Card Was Mailed To Me; Welcome To the United States-letter  was in the mail

10/25/17 Day 247 -> USPS couldn't deliver Green Card due to insufficient address; the mailman was too lazy to leave the letter on the porch

11/14/17  Day 267 -> Appointment at the USCIS Atlanta Field Office to request that USCIS resent my Green Card

11/15/17 Day 268 ->  Called USCIS and talked to an Tier 2 Immigration Officer: My Green Card will be resend to me

12/11/17 Day 294 -> Received a letter from USCIS saying that my Green Card will be resend within the next 30 days

01/09/18 Day 323 -> Filed a paperwork called DHS-7001 in order to talk to a USCIS Ombudsman about USCIS resending my Green Card

03/23/18                 -> My Green Card got finally delivered! :)

07/15/19                  -> File for ROC

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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).


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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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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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? 

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Posted (edited)
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 by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: 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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