Marrying an Au Pair on J-1 visa

[Almike 0]

I'm trying to figure out the easiest way to get my lady back in US with me. She is from Mexico on a J-1 visa and has been here for almost two years with an Au Pair agency. Hey visa expires on Jun 02 2010. I thought getting a fiance visa would be easy and not take that long. Six months is longer than I want to wait. I'm wondering what we would have to go through if we got married right now officially in her last two weeks here.

I am a US citizen btw. We are in Austin Texas.

[engineer21 51]

If she is here already and you are ready to get married now, then I would say get married and then do AOS.

UNLESS she her J-1 visa is subject to a 2 year home-residency requirement. (Some J-1 visas require that, some don't)

If she needs to satisfy that requirement, then she has to go back to mexico or apply for a waiver.

Good luck!

[monica6 1]

Well, if she was on J1 visa, the most important thing is whether she is subject to sec. 212 E of the INA or not. If she's not, you're in luck, but if she is than she is required to go back to the country she came for and live there for 2 years before she can immigrate to US. Thisd information is clearly printed on her visa so you can easily check. The only way around the 212 E is to obtain a waiver which exempts her from that requirement; there are a few grounds for that, but the whole process is long, much longer than 6 months.

Good luck!

I'm trying to figure out the easiest way to get my lady back in US with me. She is from Mexico on a J-1 visa and has been here for almost two years with an Au Pair agency. Hey visa expires on Jun 02 2010. I thought getting a fiance visa would be easy and not take that long. Six months is longer than I want to wait. I'm wondering what we would have to go through if we got married right now officially in her last two weeks here.

I am a US citizen btw. We are in Austin Texas.

Well, if she was on J1 visa, the most important thing is whether she is subject to sec. 212 E of the INA or not. If she's not, you're in luck, but if she is than she is required to go back to the country she came for and live there for 2 years before she can immigrate to US. Thisd information is clearly printed on her visa so you can easily check. The only way around the 212 E is to obtain a waiver which exempts her from that requirement; there are a few grounds for that, but the whole process is long, much longer than 6 months.

Good luck!

[Almike 0]

She is not subject to 212! Thanks guys!

[juliava 80]

I was an Au Pair before. As long as she is not subject to the 212(E) paragraph, AND she can PROVE it (very, very important!)you can go ahead, marry her and apply for her Green Card. By the way I was asked at the interview to prove that I was not subject to the 2 yr home residence requirement, so this issue this needs to be treated seriously. Good luck and hopefully you will be one of our filers soon!

Edited June 15, 2010 by juliava

[qiorq 0]

Juliava, how did you prove you were not subject to the 2 year home residency requirement? Anything else besides for what is written on the J1 visa and DS2019? I dont think the advisory opinion from the Department of States is necessary right?

[juliava 80]

Juliava, how did you prove you were not subject to the 2 year home residency requirement? Anything else besides for what is written on the J1 visa and DS2019? I dont think the advisory opinion from the Department of States is necessary right?

DS2019 and your passport page that has the J1 visa will do it.

If the officer asks what does paragraph 212e mean there is a detailed explanation on the DS2019's 2nd page.