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SaSaNie

When to marry as an Au Pair?

By SaSaNie in Adjustment of Status from Work, Student, & Tourist Visas

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SaSaNie Newbie

SaSaNie   0

Posted
Filed: J-1 Visa Country: Germany
 Timeline
Posted

Hello everyone

I am an Au Pair from Germany and I am now in my second year on a J-1 visa.

My boyfriend and I are planning on getting married.

My question is if it is legal for me to get married during my travel month or if that would count as being illegal after my second year ends.

My visa says I am allowed here until June 2014 but I know that I have the travel month (13. month) that means I don´t have to leave until July 2014.

Would there be a problem if we would get married in May for example. My host family would be fine with it and would let me go earlier but could that mean trouble for me?

Thanks in advance!

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted (edited)

Hello everyone

I am an Au Pair from Germany and I am now in my second year on a J-1 visa.

My boyfriend and I are planning on getting married.

My question is if it is legal for me to get married during my travel month or if that would count as being illegal after my second year ends.

My visa says I am allowed here until June 2014 but I know that I have the travel month (13. month) that means I don´t have to leave until July 2014.

Would there be a problem if we would get married in May for example. My host family would be fine with it and would let me go earlier but could that mean trouble for me?

Thanks in advance!

You can get married during your 30-day grace period. You won't start accruing unlawful presence til after your grace period ends.

You can get married on J-1 and then AOS.

However, does HRR (Home Residency Rule) apply to you? Do check your visa for that.

What does your I-94 say?

Edited by Blueberry Pancake

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

*** Moving from AOS from Family visa to AOS from Student Visa as OP is here on a J1 *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

SaSaNie Newbie

SaSaNie   0

Posted
Filed: J-1 Visa Country: Germany
 Timeline
  • Author
Posted

Thank you so much!

The 2 year rule does not apply to me!

I am here as an Au Pair, that means I have a contract. Let´s say my host family lets me go earlier - would it still mean I am breaking my contract or would it be fine and could not cause any problems. Would it be smart for us to let them sign that they are fine with letting me leave early?

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

well, there is 'marry' and then there is 'immigration status'.

are you seeking some immigration status because of marriage to a USCitizen, or no ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I want to marry my us boyfriend because I love him and I want to spend my life with him here in the US.

Then you should get married and follow the guide here: http://www.visajourney.com/content/i130guide2

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

Then you should get married and follow the guide here: http://www.visajourney.com/content/i130guide2

Yes, and make sure you do it before you fall out of status (DS-2019 or I-94)

What agency are you with? cause most of au pair agencies don't give a damn about au pairs and won't even notice you didn't finish your program- if that's what you decide to do.

Good luck!

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

SaSaNie Newbie

SaSaNie   0

Posted
Filed: J-1 Visa Country: Germany
 Timeline
  • Author
Posted

Thank you Teddy B!!!!

Blueberry Pancake: My visa is valid until the 17th of June and I still have days after that.

We are planning on getting married on the 7th of June. I still have a lot of vacation days left, which I would use for the 10 day difference.

I am with Au Pair in America.

Is there anything else I have to look out for?

Thank you all!

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Thank you Teddy B!!!!

Blueberry Pancake: My visa is valid until the 17th of June and I still have days after that.

We are planning on getting married on the 7th of June. I still have a lot of vacation days left, which I would use for the 10 day difference.

I am with Au Pair in America.

Is there anything else I have to look out for?

Thank you all!

You're welcome and good luck!

You will be fine so long as you follow the guides. The folks here can help you with specific questions.

On a side note, Blueberry Pancake's avatar is making me very hungry! biggrin.png

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

Thank you Teddy B!!!!

Blueberry Pancake: My visa is valid until the 17th of June and I still have days after that.

We are planning on getting married on the 7th of June. I still have a lot of vacation days left, which I would use for the 10 day difference.

I am with Au Pair in America.

Is there anything else I have to look out for?

Thank you all!

Ok, so you will be out of status (You extended the program- you are on a status not a visa now. Unless you left the U.S. and obtained a new J-1) on July 14th. Make sure you file your AOS paperwork before that date.

2 year rule does not apply to you, so... you're good to go, girl! Good luck :)

On a side note, Blueberry Pancake's avatar is making me very hungry! biggrin.png

Me too! I am craving pancakes now!! biggrin.png

:D :D :D

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

SaSaNie Newbie

SaSaNie   0

Posted
Filed: J-1 Visa Country: Germany
 Timeline
  • Author
Posted

Blueberry Pancake:

Oh thank you I didn´t realize that!

I didn´t get a new visa in my passport, I just got a new DS paper and a letter of confirmation!

Shouldn´t be a problem - right?

I just talked with my community counselor form Au Pair in America and she said that my host family can sign a waiver to make sure everything will be right with them!

THANK YOU ALL!!!

I am so relieved now and know what to do next!!!

THANKS!!!!

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

Yes, that DS paper is your new status.

No, no problem at all, no worries. Just wanted you to know.

A waiver? will your Host Family get some money back? ;) You won't need a return flight after all... ;)

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Blueberry Pancake:

Oh thank you I didn´t realize that!

I didn´t get a new visa in my passport, I just got a new DS paper and a letter of confirmation!

Shouldn´t be a problem - right?

I just talked with my community counselor form Au Pair in America and she said that my host family can sign a waiver to make sure everything will be right with them!

THANK YOU ALL!!!

I am so relieved now and know what to do next!!!

THANKS!!!!

Once you are married to a US citizen, it does not matter if you are out of status in regards to AOS. Don't waste too much time worrying about this. All overstays are forgiven in AOS through marriage to a USC. You may want to get married sooner than later so you can file your paperwork and get your Employment Authorization and your Advance Parole so you can travel if need be. Some folks have a small ceremony to get the paperwork started and then a larger ceremony at a later date for family and friends.If you do happen to fall out of status then you will not want to leave the US until your GC is in hand, regardless of whether you received your AP.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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