from j1 to F1 then aos?

[mr_and_mrs_smith 0]

Hi, I am new to this forum and just happened to find it by accident as I was searching through the internet, trying to find some answers to my questions. Nobody seems to be in a similar situation, so i will just put it out here.

Let me tell you a little bit of my story:

In November 2008 I traveled to Germany and met the most amazing girl. She and I had a lot in common and I discovered soon, that she was enrolled in sort of an au pair program and scheduled to leave Germany in February 2009 (she had the contract before we met).

The family she was going to live with and work for, lived in North Carolina and I am from VA beach. Therefore, we both fell in love and slowly build up a relationship. We were able to visit each other every 2 - 4 weeks on the weekends. Since she came to the states, for the experience and to see places over here, she did not travel back to Germany in her first Au pair year.

When the deadline came, to decide whether to extend or to return, she chose to extend for another year, in order to have more time with me, but also to live the American way of life a little bit longer. We both talked about marriage, but I wasn't in a position to marry her any time soon, because I was hardly making it supporting myself. I always told her, that someday, maybe in 3 -5 years from then, i would be able to marry her and give her the life she deserves.

When she was a few months into her 2nd Au pair year, she started not being too happy anymore. She loved the family and the kids, but she really wanted to do something, that would benefit her in life, so she started to look into universities in Germany. Her agency had told her, that she would not have any visa issues in the future if her reason to quit the program was related to going back to school. Anyways, she soon talked to her host family and they asked her if she wanted to study in the US. My -at that time girlfriend - had saved a lot from her au pair job, but told her family that although she could pay for the tuition, she doesn't have a bank account etc saying she has around $20,000.

Her host family then offered to be her sponsor and she filed for change of status from j1 to f1. She heard, that as long as the case was pending, she could not leave the country, so she didn't. She filed for COS mid 2010, hoping to be approved by the end of that year, so that she could travel to Germany before she started school.

Her case was approved in April 2011, too late to enroll for spring classes. But her college then told her its fine. she had to take a few tests at the college anyways and so she could just wait and start in the summer semester (usually students can't but she didnt want to violate any rules. She had about 4 weeks from the approval date until she actually started classes, but never had a problem with it. She did not go back to Germany in that time tho, because she only had 4 weeks until school started, she had to take several placement tests and costs for flights were insane. Now 3 semesters have gone by. Her family is not rich, and since she was paying for her school by herself, she didn't have the extra money to fly back.

In April this year, shortly after I have gotten a new job, I proposed to her. I didn't expect to be able to make her my wife so soon, but when I got the new job and things were great, i didn't want to wait any longer. I told her that when we get married, is up to her. We can either wait until she finished her studies or do it right away.

My now wife asked me, if we could do it in June, and we did. We had a really nice wedding with around 100 people, consisting of my family and her former Au pair and friends from school. We gathered all our paperwork together, and filed AOS last week (we had to ask for a birth certificate replacement, because we lost hers after our wedding). She is currently enrolled into the fall semester, but hasn't paid the classes yet. As my wife and filing aos, she moved to my house in Va a few weeks before we filed, therefore, she wont be able to attend classes anyways.

here are my questions:

1. payments are due this week, but school doesnt start until next month. Can we simply not pay and notify the school? We havent received any notification from USCIS yet, so should we pay for the classes first and drop them as soon as we receive something from them? She wants to continue school in Va beach, after getting settled, but the international advisor had told her, that it is too late for her to apply even for late sessions of this fall semester, so she has to wait for the spring semester.

2. We understand that her I20 will be invalid if she doesn't attend school this semester, but will that be a problem? She completed 3 full semesters with a GPA of 4.0?

3. Is the fact that she has been here for over 3 years, but has never traveled back to her home country an issue for USCIS to deny our case? She has fulfilled all her visa requirements up to now and has never done anything to violate these rules. She went to her au pair meetings, took the required credits to be an au pair, and now as a student was enrolled full-time (she took an average of 14 - 18 classes each semester) . When she applied for change of status, they did not ask her for ties to her home country, but she has copies of applications she sent and emails to different employers and universities in Germany. She lived with her parents prior to moving.

4. How long can she drive here in VA with her North Carolina license?

I am worried that aos may not have been the right thing for us, and that the fact, that she has not returned to Germany will cause problems. I am thankful for anyone who is able to help and give us advice. Thank you!

[Harpa Timsah 13,258]

1. She does not have to go to school. If she doesn't her visa will become invalid and she will begin days of overstay, but that is not a bar to a successful AOS for spouses of USCs.

2. No problem.

3. I am not sure why you think this is a problem. No problem at all.

4. Google VA DMV.

Make sure her J1 is not subject to the 2-year Home Residency Requirement. Good luck and congrats on the wedding!

[mr_and_mrs_smith 0]

1. She does not have to go to school. If she doesn't her visa will become invalid and she will begin days of overstay, but that is not a bar to a successful AOS for spouses of USCs.

2. No problem.

3. I am not sure why you think this is a problem. No problem at all.

4. Google VA DMV.

Make sure her J1 is not subject to the 2-year Home Residency Requirement. Good luck and congrats on the wedding!

No she wasnt subject to the 2 year rule. She checked that before she even filed her change of status.

I thought not returning to your home country may be an issue and that they may end up claiming that staying here was her intention in the first place. She simply took an opportunity as she got it but other then that, we did not even know, that we would get married this soon.

So will we have to provide evidence tho, or will they give us a hard time, when we have our interview or is that just something, we dont have to worry about?

Thank you, being married is great!

[Harpa Timsah 13,258]

No she wasnt subject to the 2 year rule. She checked that before she even filed her change of status.

I thought not returning to your home country may be an issue and that they may end up claiming that staying here was her intention in the first place. She simply took an opportunity as she got it but other then that, we did not even know, that we would get married this soon.

So will we have to provide evidence tho, or will they give us a hard time, when we have our interview or is that just something, we dont have to worry about?

Thank you, being married is great!

You are misunderstanding this issue It will not be a problem, and it will not even come up in conversation. In fact, it makes your case more simple.

[mr_and_mrs_smith 0]

You are misunderstanding this issue It will not be a problem, and it will not even come up in conversation. In fact, it makes your case more simple.

Ok... that is awesome. I have another question tho, that I forgot to mention in my original post. My wife lived with her former hostfamily while she went to school. They officially sponsored her and filled out one of the forms saying that they will provide room and board, transportation and on top of that $200 - $300/ month for her to continue her studies. Will they ask her about that in the interview? My wife recently talked to someone who said, that they may ask her if she worked for them illegally, while being a student?

My wife did not work for the family, but since she lived with them, she took part in their every day life. We went on vacation with them, and of course my wife interacted with the children. She did not provide childcare, but she still played with them, took them to the store (when she felt like bringing one of them) and continued teaching them her language. She was seen as a family member with no responsibilities what so ever. Will they ask us about that in our interview?

[Harpa Timsah 13,258]

No, illegal work, if it was that, is irrelevant for spousal AOS.

[mr_and_mrs_smith 0]

Ok thank you so much. This forum is great. I was so concerned after sending the papers. Guess we just have to be patient now!