gmoa

Do we need to have the biometrics done beforehand as well? Or is that later in the process?

Thanks.

Hello everyone,

Just to make absolute sure -- when I am compiling the I-485 package, must we have already obtained a medical exam for my spouse (changing status to permanent resident from J1 au pair visa) and an I-693 form filled out by the physician prior to sending the entire I-485 package (along with the I-130 package)? Or does this occur at a later time, such as the biometrics examination?

Thanks!

Hello all,

I have a quick question relating to the name change after marriage. We got married on Aug 6 (last Saturday) and are now in the process of the I-130/I-485 and all those fun forms. However, a little confusion on the name issue. Her J1 Au Pair visa expires on September 7, so we want to get this all in as quickly as possible. She wants to change her name to my last name, so I am guessing we need to get a new social security card, driver's license and amended passport, correct? But is it all easier to wait to change her name until after this whole greencard process?

Thanks for the help.

This is funny, I was thinking about the EXACT same thing last night... So even if the J-1 au pair extends her stay to the second year, the 2-yr HRR almost never applies? We were trying to find on the DS-2019 last night but it is all gibberish to me... I tend to be an "over-worrier" so it's kind of been on my mind even though all her friends who were J-1's never had the HRR problem. But I think, what if she is the one exception and then has to go back for two years! Seems ridiculous to me because we are planning to get married in September and based on the J-1 extended status she must return in October, so it doesn't make sense they would have to go back for two years....

How do I find out about the two-year home residency requirement? We looked at the DS-2019 and didn't see anything jumping out.

So, for example, if she has one, then we can get married but she still has to leave because adjustment of status is not allowed? And, if so, is there any possible way of waiving that?

How long does the K-3 Visa process take? Is it something we need to apply for now? Or something we apply for once we get married in September?

And she knows several friends who have done the same thing but did not need to return to the country for that two-year period. I am sorry, I have tried as much research on my own, but it is still so confusing to me...

Based on reading, it sounds like once the visa is expired, they must return to the home country for two years, regardless of whether or not they are getting married, which seems kind of ridiculous to me... At least three or four of her friends were J-1's, got married here and stayed here without ever going back.

Thanks!!!!

We were hoping to get married just a little later for planning purposes... but is there a big difference between the marriage and fiancee visa? I was thinking once the fiancee visa is approved, I know you have three months to get married, and we were just hoping for a little additional time for planning and such, as mentioned... but if necessary, I have no doubt she is the one I want to marry, so that part isn't an issue.

All she knows is that she must return in October. So that rule means they have to move back home, and stay there for at least two years before coming back? If so, is there any way of going about waiving that requirement? Or is it too late...?

Hello everyone,

I just found this site a little bit ago and seems to have a lot of good information. So I thought maybe some "seasoned veterans" may be able to help me out. Anyways, back in June 2010 I met a girl who is from Brazil and now we are ready to tie the knot and get married. She is currently an au pair in the United States (she has a J-1 Visa at the moment) but her au pair term ends in September and must go back to Brazil by October 5th I believe. However, when we apply for the I-129f and K-1 Visa, can she stay in the US during the process, or will she have to return to Brazil and then come back once it is processed and accepted?

Thank you so much for all your help and best wishes for all who are still in the process!

Andy