Russian Girlfriend on Au-Pair J-1 Visa

[BCCRAGE 0]

Hi Everyone

I in need of some help. My girlfriend from Russia came to the United States on a J-1 Visa- Au Pair Visa(without the 2 year requirement to return) in Februrary. I met her in April and we have been together since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse to get our marriage certificate and get married. She already as a SSN. The questions I have are the following:

Once we get the marriage certificate, do I begin filling a I-130 and her a I-485 along with a Work Application for Employment (I-795 I think)?

Can we mail these simultaneously together since she is already here in the United States?

How long does it normally take to get approval to work here in the US?

While the process is taking place, is she legal to stay here in the United States even after her Au-Pair J-1 Visa expires?

What steps would you take?

Thank you for your help :-)

[eau_xplain 2]

Hi Everyone

I in need of some help. My girlfriend from Russia came to the United States on a J-1 Visa- Au Pair Visa(without the 2 year requirement to return) in Februrary. I met her in April and we have been together since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse to get our marriage certificate and get married. She already as a SSN. The questions I have are the following:

Once we get the marriage certificate, do I begin filling a I-130 and her a I-485 along with a Work Application for Employment (I-795 I think)? Can we mail these simultaneously together since she is already here in the United States?

Yes. Submit entire AOS packet plus EAD and AP (if she wishes to travel overseas)

How long does it normally take to get approval to work here in the US?

While the process is taking place, is she legal to stay here in the United States even after her Au-Pair J-1 Visa expires?

Once her AOS is duly received and accepted by USCIS, her status changes to Adjustment Applicant. She will be legal to stay. She will be legal to work once her EAD is approved. And, she can go on internationl travel if she applies and gets approved for an Advance Parole (AP). Processing times will vary.

[BCCRAGE 0]

Hi Everyone

I in need of some help. My girlfriend from Russia came to the United States on a J-1 Visa- Au Pair Visa(without the 2 year requirement to return) in Februrary. I met her in April and we have been together since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse to get our marriage certificate and get married. She already as a SSN. The questions I have are the following:

Once we get the marriage certificate, do I begin filling a I-130 and her a I-485 along with a Work Application for Employment (I-795 I think)? Can we mail these simultaneously together since she is already here in the United States?

Yes. Submit entire AOS packet plus EAD and AP (if she wishes to travel overseas)

How long does it normally take to get approval to work here in the US?

While the process is taking place, is she legal to stay here in the United States even after her Au-Pair J-1 Visa expires?

Once her AOS is duly received and accepted by USCIS, her status changes to Adjustment Applicant. She will be legal to stay. She will be legal to work once her EAD is approved. And, she can go on internationl travel if she applies and gets approved for an Advance Parole (AP). Processing times will vary.

Thanks for your help.

"Adjustment Applicant"........does this mean that her AOS has been accepted but not yet approved?

To accept an AOS, does this take more than 3 months. The reason I say this is because we hope to get all the paper work in before Christmas, giving us about three months to get her AOS accepted.

Thanks

BCCRAGE

[russ 1]

Hi Everyone

Can we mail these simultaneously together since she is already here in the United States?

How long does it normally take to get approval to work here in the US?

While the process is taking place, is she legal to stay here in the United States even after her Au-Pair J-1 Visa expires?

What steps would you take?

Thank you for your help :-)

While it isn't exactly encouraged by USCIS, there is no legal reason that you can't do this (it happens quite often). As said above, file an I-485, I-765, I-131, I-130, and G-325 forms together. The I-130 petition is the basis for the I-485 (AOS).

As for time, expect about 6-8 months until the interview (more or less).

[BCCRAGE 0]

Does her forms (I-485, etc) have to be sent to Moscow as well?

[russ 1]

Does her forms (I-485, etc) have to be sent to Moscow as well?

No - everything would be sent to Chicago. It will all be processed here. (She may need to get some documents from Russia though, if she had ever been married, records of shots, etc..)

[Satellite 1]

Once her AOS is duly received and accepted by USCIS, her status changes to Adjustment Applicant. She will be legal to stay. She will be legal to work once her EAD is approved. And, she can go on internationl travel if she applies and gets approved for an Advance Parole (AP). Processing times will vary.

This is not entirely true. Your girl friend can continue to work as long as her J-1 is valid even though her AOS is pending. She is not out of status on J-1 by the virtue of marrying you. She can also change employers with ease unlike the guys who come on H-1B and the like.

And if her J-1 is a multi-entry visa, I don't think her AOS would be abandoned if she left the country and returned, but I might be wrong on this. Remember, that K-3s can go back and forth as well as it too is a multi-entry visa.

But as others have suggested just file your AOS and wait for a simple and much faster approval then the rest of US who have petition our significant others from outside the US. You have been blessed.

As for documents from Russia, don't panic, wait until they ask for them.

[dmartmar 1]

My girlfriend from Russia came into the United States on a J-1 Visa (Au Pair without the 2 year requirement to return) in Februrary. We met in April and have been together ever since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse and get married.

Very quickly, what was she doing in Russia prior to coming here, if I may ask?

Edited November 16, 2006 by dmartmar

[BCCRAGE 0]

My girlfriend from Russia came into the United States on a J-1 Visa (Au Pair without the 2 year requirement to return) in Februrary. We met in April and have been together ever since. Her visa expires in mid-March of 2007. We are planning on going to the courthouse and get married.

Very quickly, what was she doing in Russia prior to coming here, if I may ask?

She was going to school at I believe to be called "St Petersburg University." After two years there, she decided to try the Au-Pair program.

[BCCRAGE 0]

Once her AOS is duly received and accepted by USCIS, her status changes to Adjustment Applicant. She will be legal to stay. She will be legal to work once her EAD is approved. And, she can go on internationl travel if she applies and gets approved for an Advance Parole (AP). Processing times will vary.

This is not entirely true. Your girl friend can continue to work as long as her J-1 is valid even though her AOS is pending. She is not out of status on J-1 by the virtue of marrying you. She can also change employers with ease unlike the guys who come on H-1B and the like.

And if her J-1 is a multi-entry visa, I don't think her AOS would be abandoned if she left the country and returned, but I might be wrong on this. Remember, that K-3s can go back and forth as well as it too is a multi-entry visa.

But as others have suggested just file your AOS and wait for a simple and much faster approval then the rest of US who have petition our significant others from outside the US. You have been blessed.

As for documents from Russia, don't panic, wait until they ask for them.

Thanks for your help....

I spoke with an immigration officer this morning with my case. The officer told me that because she has a J-1 visa, she has maximum 30 days after visa expires to leave the U.S. even if the AOS form is in process but not yet approved. My girlfriend and I are trying to get all of our forms mailed out by December ASAP; however, her current J-1 visa will expire in mid-Feb 2007 giving her 30 extra days thereafter. I don't believe we could get all of this approved for her to stay here in this time limit. Please advise........

She has the option of renewing her Au-Pair program for one more year, which I would hope give us time to get the approvals we need; however, with the program paying her only $140 a week to nanny two kids 40 hrs a week.........we were hoping for a better alternative.

Is this true that she must return if the AOS has yet to be approved........if she wants to stay legal of course?

If its true.......is there some type of waiver we can fillout to fix this problem.

Thanks again

-Brett

[russ 1]

Thanks for your help....

I spoke with an immigration officer this morning with my case. The officer told me that because she has a J-1 visa, she has maximum 30 days after visa expires to leave the U.S. even if the AOS form is in process but not yet approved. My girlfriend and I are trying to get all of our forms mailed out by December ASAP; however, her current J-1 visa will expire in mid-Feb 2007 giving her 30 extra days thereafter. I don't believe we could get all of this approved for her to stay here in this time limit. Please advise........

She has the option of renewing her Au-Pair program for one more year, which I would hope give us time to get the approvals we need; however, with the program paying her only $140 a week to nanny two kids 40 hrs a week.........we were hoping for a better alternative.

Is this true that she must return if the AOS has yet to be approved........if she wants to stay legal of course?

If its true.......is there some type of waiver we can fillout to fix this problem.

Thanks again

-Brett

Sat knows more about USCIS procedures than I do, but I think that what you were told is somewhat misleading.

Her legal status, assuming you marry, file all these forms, and get the NOAs back, would be "Stay Authorized by Secretary of State" (or something like that).

The NOA date for the I-130 petition is what will matter. (The risk is that USCIS starts deportation action while the AOS/I130 case is pending. This is highly unlikely. If it did happend, an immigration judge would look at the date of the NOA for the I130, if it was before USCIS started removal actions, it would grant her relief until the case is adjudicated.) Even if she went out of status, nothing is likely to happen. It would not prevent you from marrying or her from adjusting status. From inside the US, the visa overstay would not have any real impact on the AOS. From outside the US, it could trigger a ban (depending how long the overstay was).

The I-130, which is the basis for the AOS, can either be done in the US or at the consulate in Moscow. Assuming there are no special circumstances, it will probably be done in the US. It is up to USCIS to decide where this happens. If they send it to Moscow, you would be getting a CR-1/K-3 visa. Chances are, it will be approved here.

My personal opinion - if it is possible to extend the J-1 - do that. Marriage is a very big decision. You would still be in the same situation next year. It sounds to me that this is being rushed. Talk to an immigration lawyer (I'm not an expert on J-1's), but assuming she gets that for another year - I don't think she will have a problem taking another job. (There are some quirks about this though, talk to a lawyer)

[Satellite 1]

I spoke with an immigration officer this morning with my case. The officer told me that because she has a J-1 visa, she has maximum 30 days after visa expires to leave the U.S. even if the AOS form is in process but not yet approved.

This doesn't sound right. Once you submit your I-130 / I-485 your I-485 will give you an authorized stay by the attorney general until final action is done on your application. I believe the immigration officer is wrong. If anyone one here knows please speak up.

the program paying her only $140 a week to nanny two kids 40 hrs a week.........we were hoping for a better alternative.

As stated before a J-1 visa holder can apply for another job. Even abandon this one. She is in status according to the date on her I-94. Unlike a H-1B where the employer's name is written on the I-94 limiting you to that employer until you file a new I-129 with a new employer.

But, there are at least 12 different J-1 visa types which all have different rules. Check with her sponsoring institution and an immigration attorney if you are not sure.

Is this true that she must return if the AOS has yet to be approved........if she wants to stay legal of course?

If you guys go ahead and marry she will not have to return anywhere unless you are denied adjustment of status. Being out of status would not be one of the grounds.

If its true.......is there some type of waiver we can fillout to fix this problem.

No waivers are needed if you stay in the US. Assuming the immigration officer was right and you were out of status until approval, immediate relatives such as spouses will not have their unlawful presence used against them during adjustment.

Everything Russ said was correct, but he is looking at the worst case scenario in which your wife would be put in removal proceedings for being out of status. And I agree with him that an immigration judge will delay the processes until the I-130 is approved and then will adjudicate the I-485 right there in court.

But I can't imagine it ever getting that far. You will most likely remain with the paper pushers (USCIS) unless she is picked up for some kind of crime.

[Dr_LHA 3]

And if her J-1 is a multi-entry visa, I don't think her AOS would be abandoned if she left the country and returned, but I might be wrong on this. Remember, that K-3s can go back and forth as well as it too is a multi-entry visa.

Wrong. J-1 isn't dual intent. You can't travel on it while AOS is pending unlike you can on say, an H-1B.

[anya-D 8]

the program paying her only $140 a week to nanny two kids 40 hrs a week.........we were hoping for a better alternative.

As stated before a J-1 visa holder can apply for another job. Even abandon this one. She is in status according to the date on her I-94. Unlike a H-1B where the employer's name is written on the I-94 limiting you to that employer until you file a new I-129 with a new employer.

But, there are at least 12 different J-1 visa types which all have different rules. Check with her sponsoring institution and an immigration attorney if you are not sure.

For Aupair - if you leave the program (find another job and abandon the program) then she would be out of status. That's what I understand anyway from working as an aupair and with the aupair office in Bangkok. But if she stay for the second year she would get about $20-$25 more per week.. (dont really rememebr.. been a year ) But for one thing... the $140 that she gets is a "net" coz she wouldnt have to pay for anything else.. oh well.. i thought it was quite enough for me But i understand it's not that much but i think overal it's really nice.

But I know several aupairs who get married after one or two year witht he program and AOS just fine. (and they get married after finish the program. so i'm sure you will be fine.

Edit to add that J-1 for aupair is multiple entry for only one year.. so if she extend it for a second year she cannot leave the country and come back.

Edited November 16, 2006 by anya-D

[meauxna 15]

Thanks for your help....

I spoke with an immigration officer this morning with my case. The officer told me that because she has a J-1 visa, she has maximum 30 days after visa expires to leave the U.S. even if the AOS form is in process but not yet approved.

That's flat untrue (and your first lesson in using caution to ask CIS for immigration help). Once her I-485 is accepted for processing (takes about 3 weeks to get entered in the system, from mailing), she is allowed to stay until a decision is made.

Her legal status, assuming you marry, file all these forms, and get the NOAs back, would be "Stay Authorized by Secretary of State" (or something like that).

Attorney General?

The NOA date for the I-130 petition is what will matter.

Splitting hairs, but I think it's the I-485 that is important to the immigrant; that is her application to Adjust.

The I-130, which is the basis for the AOS, can either be done in the US or at the consulate in Moscow. Assuming there are no special circumstances, it will probably be done in the US. It is up to USCIS to decide where this happens. If they send it to Moscow, you would be getting a CR-1/K-3 visa. Chances are, it will be approved here.

How would the I-130 be diverted to Moscow? Only if it were submitted alone, and to a Service Center. When sent with a concurrent I-485 filing, the two forms stay together for adjudication.

She doesn't need a visa. On the face of it, she appears eligible to adjust her status from inside the US.

My personal opinion - if it is possible to extend the J-1 - do that. Marriage is a very big decision. You would still be in the same situation next year. It sounds to me that this is being rushed. Talk to an immigration lawyer (I'm not an expert on J-1's), but assuming she gets that for another year - I don't think she will have a problem taking another job. (There are some quirks about this though, talk to a lawyer)

I agree that there is an additional pressure on to get things donw by February & I hate it when immigration decisions run people's lives.

I also agree that a consultation with a lawyer is a good idea for anyone with a previous immigration history.