changing from J-1 to AOS questions ???

[Honey002 0]

ok, Im a little new to this but I thought this was the best place to ask some questions I have.

Hey everyone, I have read most of the guides and Im still confused a little.

I have been with my amazing man for about 3 years doing the long distant thing all the way from Australia seeing each other when we can. talking none stop and email just as much. neither of us were ready to get married thats why its been so long.

I am doing an au pair program (that I've wanted to do for the last 9 years, I love kids) at the moment (J-1 visa) for 12 months and we have both deiced we would like to get married.

my question is can I file for AOS or do I have to go home and file for a K-1 or K-3 visa. I would really like to stay and be with him thats why we are looking into AOS. I still have a while left on my visa, just trying to check out my option's.

and if I file for AOS is that fraud cause I don't want to be away from him for longer than I have to its already been to long.

thanks for your replies

Honey

[payxibka 10,047]

The potential problem is the you cannot intentionally use a non-immigrant visa (entry) to circumvent US immigration law

[KIMCORENE 0]

AOS can be done, but to add to what the PP said, you would have to prove without a doubt that you did not intend to get married when you applied for the J-1 visa and entered the U.S. I don't know what the specifics of your situation are, so if you want, feel free to PM me and I'll help in any way I can.

[MacPara 0]

I have been with my amazing man for about 3 years doing the long distant thing all the way from Australia seeing each other when we can. talking none stop and email just as much. neither of us were ready to get married thats why its been so long.

I am doing an au pair program (that I've wanted to do for the last 9 years, I love kids) at the moment (J-1 visa) for 12 months and we have both deiced we would like to get married.

my question is can I file for AOS or do I have to go home and file for a K-1 or K-3 visa. I would really like to stay and be with him thats why we are looking into AOS. I still have a while left on my visa, just trying to check out my option's.

and if I file for AOS is that fraud cause I don't want to be away from him for longer than I have to its already been to long.

The way you state it here - you've decided to get married and to stay in the US AFTER you've entered the US on a J-1 visa - it wouldn't be visa fraud. It'd be fraud if you had used the J-1 to get to the US with the intention to immigrate (and you had to state on the J-1 application you wouldn't such an intention).

They will ask you during your interview for Adjustment of Status how you guys met and so I suggest you both prepare for these questions so that no doubt would arise from your answers that you did not intend to get married before you were in the US for a while.

I was going through this process myself although I didn't know my now wife before I came to the US on a J-1.

Au pairs usually don't have that problem but just to make sure ... I assume your DS-2019 shows a tick in the box where it says that you're not subject to INA-212(e) Two Year Home Stay Requirement?

If that's the case, you're good to file for AOS after your marriage. If it makes you feel better and to be prepared, you might want to get in touch with an Immigration Lawyer and state your case and get his/her opinion. He/She will probably say the same as I did but then you'd already be in touch with a lawyer in case you'd need one later in the process. The first consultation fee is around $200 here in Tucson and if it's just for giving you some peace of mind I think it's worth it.

To clarify that statement: The way you describe your situation, you're perfectly fine within the statute of the law and you'd be eligible to file for AOS after your marriage, but then it's always nice to have a safety net - just in case some adjudicating officer has a bad day - they're just human, too.

Good luck,

Torsten.

[payxibka 10,047]

The way you state it here - you've decided to get married and to stay in the US AFTER you've entered the US on a J-1 visa - it wouldn't be visa fraud. It'd be fraud if you had used the J-1 to get to the US with the intention to immigrate (and you had to state on the J-1 application you wouldn't such an intention).

They will ask you during your interview for Adjustment of Status how you guys met and so I suggest you both prepare for these questions so that no doubt would arise from your answers that you did not intend to get married before you were in the US for a while.

I was going through this process myself although I didn't know my now wife before I came to the US on a J-1.

Au pairs usually don't have that problem but just to make sure ... I assume your DS-2019 shows a tick in the box where it says that you're not subject to INA-212(e) Two Year Home Stay Requirement?

If that's the case, you're good to file for AOS after your marriage. If it makes you feel better and to be prepared, you might want to get in touch with an Immigration Lawyer and state your case and get his/her opinion. He/She will probably say the same as I did but then you'd already be in touch with a lawyer in case you'd need one later in the process. The first consultation fee is around $200 here in Tucson and if it's just for giving you some peace of mind I think it's worth it.

To clarify that statement: The way you describe your situation, you're perfectly fine within the statute of the law and you'd be eligible to file for AOS after your marriage, but then it's always nice to have a safety net - just in case some adjudicating officer has a bad day - they're just human, too.

Good luck,

Torsten.

True, If the OP is already here and all the decisions regarding staying here were post-entry, then staying and adjusting can be accomplished

[RebeccaAndPhil 5]

ok, Im a little new to this but I thought this was the best place to ask some questions I have.

Hey everyone, I have read most of the guides and Im still confused a little.

I have been with my amazing man for about 3 years doing the long distant thing all the way from Australia seeing each other when we can. talking none stop and email just as much. neither of us were ready to get married thats why its been so long.

I am doing an au pair program (that I've wanted to do for the last 9 years, I love kids) at the moment (J-1 visa) for 12 months and we have both deiced we would like to get married.

my question is can I file for AOS or do I have to go home and file for a K-1 or K-3 visa. I would really like to stay and be with him thats why we are looking into AOS. I still have a while left on my visa, just trying to check out my option's.

and if I file for AOS is that fraud cause I don't want to be away from him for longer than I have to its already been to long.

thanks for your replies

Honey

Yep you would want to file for AOS following this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

As was mentioned in this thread, be sure you aren't subject to the 2-year requirement beforehand

My husband arrived in the US on a J-1 and we weren't asked any such questions about intent at the interview, only asked to prove the legitimacy of our marriage through joint evidence. However, it's possible that an IO could ask you such questions so just be prepared! If there is nothing to hide than there shouldn't be a problem! Good luck with your journey

[v333k 59]

ok, Im a little new to this but I thought this was the best place to ask some questions I have.

Hey everyone, I have read most of the guides and Im still confused a little.

I have been with my amazing man for about 3 years doing the long distant thing all the way from Australia seeing each other when we can. talking none stop and email just as much. neither of us were ready to get married thats why its been so long.

I am doing an au pair program (that I've wanted to do for the last 9 years, I love kids) at the moment (J-1 visa) for 12 months and we have both deiced we would like to get married.

my question is can I file for AOS or do I have to go home and file for a K-1 or K-3 visa. I would really like to stay and be with him thats why we are looking into AOS. I still have a while left on my visa, just trying to check out my option's.

and if I file for AOS is that fraud cause I don't want to be away from him for longer than I have to its already been to long.

thanks for your replies

Honey

Just like everyone else said, if you came to the US and then decided to get married, then there should be no problem.

One thing you should point out is when did he propose to you? If it is after you entered in the US, then I think you are safe, but if before you entered, then they can consider it entry to the US with a different intent which will complicate things from the beginning.

Good luck!

[payxibka 10,047]

As was mentioned in this thread, be sure you aren't subject to the 2-year requirement beforehand

Au Pair's are not subject to HRR