Filing I-485 While Spouse Is Still an Au Pair Living With Host Family

[Flacco 0]

Hello,

I’m a bit confused about some parts of the adjustment of status process. I recently married an au pair who is here on a J-1 visa, and we’re preparing to file her I-485 amongst other documents. Since she is still required to live with her host family under the au pair program, we are not fully living together yet — although she stays with me frequently when she’s not working, and we live very close to each other.

A couple of questions I’m stuck on:

• For household size/income, how should I calculate this when completing the forms?

• For the current address, should I list her host family’s address (where she physically resides as part of the program) or my address (where she will live permanently after filing and once the J-1 ends)?

I’m also a bit concerned that listing different addresses might look unfavorable.

 

Has anyone gone through this process while their spouse was still working and living with a host family as an au pair?

 

Thanks

[OldUser 10,531]

All the information should be as of time you file forms, not as of future. So her current address is her current address, not where she'd live with you in the future.

 

Same goes to household size. This depends on your taxes. Typically the size is you + any dependants you claim on tax forms + immigrant you're sponsoring

Edited 10 hours ago by OldUser

[OldUser 10,531]

23 minutes ago, Flacco said:

 

I’m also a bit concerned that listing different addresses might look unfavorable.

It is what it is, you can't hide it. It's important that you have evidence of spending time together and solid plan of how you'd live together once she finishes J-1

[JeanneAdil 7,268]

has she asked to be exempt from the 2 year home country physical residence requirement

 

Following their exchange program, some J-1 visa holders, along with their J-2 spouses and children, are required to return to their home country before obtaining certain immigration benefits, as outlined in section 212(e) of the Immigration and Nationality Act.  If you are subject to the requirement to return to your home country, you may pursue a waiver of the requirement by filing a Form DS-3035, J-1 Visa Waiver Recommendation Application.  Applicants pursuing waivers on the basis of exceptional hardship or persecution must also file a Form 612, Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the Immigration and Nationality Act, as Amended), with U.S. Citizenship and Immigration Services