Russian Girlfriend on Au-Pair J-1 Visa

[Glorya 0]

My Contract with au-pair agency was untill February 6, 2006. I met Tim shortly after I came (in 2005) so we were serious by the end of the summer last year. I had quite a few issues with my host family and two kids who were not well. Girl was developmentaly delayed (she was a sweethearth ) but the boy was violent, aggressive, rude, doctors didn't establish diagnosys while I was there (only 5 years old )... I had wayyyy too much stress on my back with mother who was stay at home mum but completely f..... insane... or evil... or both... I am still puzzled as to what she was. They lied to me about the kids and boys violent nature (for example, he tried to push me down the stairs once and stuff like that). I was stressed out of my mind in October & November last year so we were trying to figure out what should we do... Tim proposed beginning November so we subsequently agreed to find a new place together. We found our place and signed the lease beginning December and that's when I quit. I gave them two weeks (very hellish ). Now we are waiting for the interview and everything seems to be fine. Finally

[dmartmar 1]

BCCRAGE,

shoot me an e-mail or a PM.

[BCCRAGE 0]

My Contract with au-pair agency was untill February 6, 2006. I met Tim shortly after I came (in 2005) so we were serious by the end of the summer last year. I had quite a few issues with my host family and two kids who were not well. Girl was developmentaly delayed (she was a sweethearth ) but the boy was violent, aggressive, rude, doctors didn't establish diagnosys while I was there (only 5 years old )... I had wayyyy too much stress on my back with mother who was stay at home mum but completely f..... insane... or evil... or both... I am still puzzled as to what she was. They lied to me about the kids and boys violent nature (for example, he tried to push me down the stairs once and stuff like that). I was stressed out of my mind in October & November last year so we were trying to figure out what should we do... Tim proposed beginning November so we subsequently agreed to find a new place together. We found our place and signed the lease beginning December and that's when I quit. I gave them two weeks (very hellish ). Now we are waiting for the interview and everything seems to be fine. Finally

So everything continues to be fine for you while you are waiting for your AOS approval? I apologize for asking the same question...........So your J-1 Visa ran out and you have "overstayed" your visa since. The reason I am asking this is because today, the immigration officer i spoke with over the phone stated that she would not be able to "overstay" her visa even if the Forms have been filed and in process. It sounds like everything will be just fine according to this discussion with you if we were just to get married and file our forms together. Now, knowing that her J-1 visa will expire in Mid-February.............this won't make a difference?

Thanks

-BCCRAGE

[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.

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.

And yet you ask the same question again:

The reason I am asking this is because today, the immigration officer i spoke with over the phone stated that she would not be able to "overstay" her visa even if the Forms have been filed and in process.

When filing for AOS you are NOT out of status. You have an authorized stay by the attorney general. End of discussion.

[BCCRAGE 0]

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.

And yet you ask the same question again:

The reason I am asking this is because today, the immigration officer i spoke with over the phone stated that she would not be able to "overstay" her visa even if the Forms have been filed and in process.

When filing for AOS you are NOT out of status. You have an authorized stay by the attorney general. End of discussion.

thanks again sat

I am just overly cautious. Making the wrong move could possibly prolong the end result. I do appreciate your help

-BCCRAGE

[anya-D 8]

My Contract with au-pair agency was untill February 6, 2006. I met Tim shortly after I came (in 2005) so we were serious by the end of the summer last year. I had quite a few issues with my host family and two kids who were not well. Girl was developmentaly delayed (she was a sweethearth ) but the boy was violent, aggressive, rude, doctors didn't establish diagnosys while I was there (only 5 years old )... I had wayyyy too much stress on my back with mother who was stay at home mum but completely f..... insane... or evil... or both... I am still puzzled as to what she was. They lied to me about the kids and boys violent nature (for example, he tried to push me down the stairs once and stuff like that). I was stressed out of my mind in October & November last year so we were trying to figure out what should we do... Tim proposed beginning November so we subsequently agreed to find a new place together. We found our place and signed the lease beginning December and that's when I quit. I gave them two weeks (very hellish ). Now we are waiting for the interview and everything seems to be fine. Finally

Sorry to hear that you had a bad experiences with the family.

I was an aupair too and also after went back continue to work for the aupair office for a while (until my K-1 appoved) I heard of all the good and bad but seems like the good stories are out weight the bad.. I'm now back in the US and living close to my host family and still keep in touch with them.. I had a great experiences though Alot of my friends continue with the 2nd year and sme ended up staying with the family after their 2 years runs up...

I'm also helping few of my aupair friends who got married with the USC after the program without leaving the country and one of them got the green card and one got the interview date already.

So for the OP - if your fiance and you decides not to continue witht he progam you should also discuss this witht the host family so they can find another aupair in time. and that you can start her AOS process after you get married.

Also - as the normal Aupair.. after they finish witht he program (complete) they have 30 days extra to travel (after the J-1 expire)

But that might not do with applying for AOS.. I think when you apply for AOS (NOA1) the J-1 is cancle out

[ChristinaM 0]

Just a heads-up - nobody should be offering immigration-related information over email or PM. This is to ensure that misinformation is cleared up by those more knowledgable on the boards. Since there has been rather a lot of misinformation and confusion in this thread, I would not recommend anyone offering or accepting advice that has not been through the scrutiny of the general board.

Best advice would be to have a consultation with a lawyer, if you wish to do this properly.

[Dr_LHA 3]

Just a heads-up - nobody should be offering immigration-related information over email or PM. This is to ensure that misinformation is cleared up by those more knowledgable on the boards. Since there has been rather a lot of misinformation and confusion in this thread, I would not recommend anyone offering or accepting advice that has not been through the scrutiny of the general board.

100% agreed.

Best advice would be to have a consultation with a lawyer, if you wish to do this properly.

Honestly, although seeing a lawyer is a good thing in these cases, I don't honestly think this case requires it. Adjustment from J-1 without 212(E) should be fairly straightforward and Lawyers add a huge cost to an already expensive process.

[ChristinaM 0]

They often offer low-cost initial consultations though, which I don't think would be a bad idea. Like you, I agree that it shouldn't be a "big deal" AOS - but better to be safe than sorry.

[dmartmar 1]

Just a heads-up - nobody should be offering immigration-related information over email or PM. This is to ensure that misinformation is cleared up by those more knowledgable on the boards. Since there has been rather a lot of misinformation and confusion in this thread, I would not recommend anyone offering or accepting advice that has not been through the scrutiny of the general board.

Best advice would be to have a consultation with a lawyer, if you wish to do this properly.

Who are these "more knowledgeable on the boards" people and who makes up the "general board?"

[payxibka 10,047]

Who are these "more knowledgeable on the boards" people and who makes up the "general board?"

This statement is such a "softball" that is just waiting for a comment.... I am having a hard time resisting...

[dmartmar 1]

This statement is such a "softball" that is just waiting for a comment.... I am having a hard time resisting...

Be my guest!

B/c what prompted it had nothing to do with private immigration info.

[ChristinaM 0]

dmartmer, the general boards are the likes of you and me. Those who are more knowledgable are those with extensive reading and/or experience behind them, or a previous career in the field of immigration. You know, like Ziggy, Meauxna, AussieWench, Yodrak..... They don't always get everything right - and nor should they be expected to - but they are able to clear up a lot of misconceptions and bad information. As has been said in this thread, the best advice will come from an experienced lawyer.

But I think you knew that, you just wanted to be difficult.

[dmartmar 1]

dmartmer, the general boards are the likes of you and me. Those who are more knowledgable are those with extensive reading and/or experience behind them, or a previous career in the field of immigration. You know, like Ziggy, Meauxna, AussieWench, Yodrak..... They don't always get everything right - and nor should they be expected to - but they are able to clear up a lot of misconceptions and bad information. As has been said in this thread, the best advice will come from an experienced lawyer.

But I think you knew that, you just wanted to be difficult.

If you only knew how much background and experience I have in this field, you wouldn't have written what you did above.