I got a question about being "out-of-status" for a VERY short time and submitting a AOS Packet (I-485,I-130,I-130A, etc.) around the same time.
My wife (we got married in April, I'm the US Citizen and sponsor) is on a J1 Au Pair Exchange Status until this September 2019. This is her second year as an Au Pair and she's obviously tired and burnt out and wants to leave the program at the end of the month (May 31st, next week). I know it's common for a lot of married Au Pairs to end up leaving their programs with no issues. However, I have been wanting to receive the I-797 NOA Notice of an Accepted Application BEFORE she formally terminates her J1 program as her company is pretty quick on ceasing the status.
Unfortunately (and knowing this has been a touchy subject to me), she went ahead and already spoke with her host family and company and they will be ending her time on May 31st. I wanted her to stay a little longer to wait until we had safely secured the NOA. I have our complete AOS Packet ready to send tomorrow but I'm a little concerned that with the holiday coming up and such that USCIS might be delayed in processing and her company will cease her J1 status before we receive the I-797/NOA of the Accepted Application.
My question is: Would her being "Out-of-Status" by a few days, maybe a week-or-so cause any issues with our AOS application? Or should we wait to receive the I-797/NOA of the Accepted Application before she formally terminates her employment?
J1 Au Pair Wife Out-of-Status for a Short Time after submitting AOS? Does this cause issues?
in Adjustment of Status from Work, Student, & Tourist Visas
Posted · Edited by DWolf
Hi all,
I got a question about being "out-of-status" for a VERY short time and submitting a AOS Packet (I-485,I-130,I-130A, etc.) around the same time.
My wife (we got married in April, I'm the US Citizen and sponsor) is on a J1 Au Pair Exchange Status until this September 2019. This is her second year as an Au Pair and she's obviously tired and burnt out and wants to leave the program at the end of the month (May 31st, next week). I know it's common for a lot of married Au Pairs to end up leaving their programs with no issues. However, I have been wanting to receive the I-797 NOA Notice of an Accepted Application BEFORE she formally terminates her J1 program as her company is pretty quick on ceasing the status.
Unfortunately (and knowing this has been a touchy subject to me), she went ahead and already spoke with her host family and company and they will be ending her time on May 31st. I wanted her to stay a little longer to wait until we had safely secured the NOA. I have our complete AOS Packet ready to send tomorrow but I'm a little concerned that with the holiday coming up and such that USCIS might be delayed in processing and her company will cease her J1 status before we receive the I-797/NOA of the Accepted Application.
My question is: Would her being "Out-of-Status" by a few days, maybe a week-or-so cause any issues with our AOS application? Or should we wait to receive the I-797/NOA of the Accepted Application before she formally terminates her employment?
Thank you.