J-1 visa, chance to stay?

[JayJayH 546]

If I dont apply for my GC at the same time, I have to go back home. I text with a few other au pairs who got married. Sure I can marry him right now but we dont want to because he doesnt have a own place or something else. Its complicated, I wished it would be easier!

Thanks for your answer!

It does not sund like you two are ready to get married yet, but that is not my decision to make. That's just my opinion from what I've read here.

If you do get married while you're on your current J-1 visa, you do not have to return to Germany. The process goes like this:

1. You get married.

2. You file for adjustment of status (AOS) from J-1 to permanent resident.

3. If your J-1 visa is subject to a 2 year home residency requirement, you'll need a waiver for that.

4. You and your husband go to an interview with USCIS. If approved, you receive a two year conditional green card.

5. After two years, you file a petition to remove conditions on the green card.

6. If approved, conditions on the green card are lifted.

He does not have to make money. His parents, or any other US citizen or permanent resident can be co-sponsor for you financially, if they're willing to do so.

In all this, you'll obviously have to prove that your relationship is genuine. Part of proving that is showing you live together, which may or may not be an option if he's living with his parents still.

As far as overstaying your visa, I would not recommend this for a multitude of reasons:

1. You'll be in the US illegally, and will be subject to deportation at any time if you're 'found.'

2. Once you leave the US, whether deported, or just to visit your family in Germany, you will be subject to a bar from re-entry. The bar is 3 years if you have overstayed 180 - 365 days, and 10 years if you have overstayed for more than 365 days.

3. If you and your boyfriend break up, things don't work out (which happens a lot), you'll be in the US illegally, and can either leave and face a 3/10 year bar, or stay illegally until you are deported.

[adinutzyc21 2]

This is a way-back-when piece of information, but someone who has been here a long time recently told me that they sent a letter to the Romanian Consulate (they're Romanian) asking them to say that they don't claim any benefits from this person returning to their original country, and the US accepted that and waived the 1 year requirement... Again, this was definitely before 9/11 but it might be worth a shot?

[ronja91 0]

Wow. Well, I bet he/she was longer than one year in america before the idea with the letter?!

But I will try it. Thank you!!

[Boiler 45,532]

I have never heard of an Au Pair having a 2 year HRR.

[ronja91 0]

If we want to we van extend for another year with the same family or with another one. We are allowed to stay two years with a host familie in the us plus one extra month for traveling after you finished the first or the second year.

[Ryan H 3,812]

~~~Closed for review.~~~

[Ryan H 3,812]

***After reviewing this thread, it will remain locked, the most correct answer to the OP is quoted below. This particular thread is not to be restarted. If the OP has a new set of circumstances they have questions about, then a new thread can be started.***

It does not sund like you two are ready to get married yet, but that is not my decision to make. That's just my opinion from what I've read here.

If you do get married while you're on your current J-1 visa, you do not have to return to Germany. The process goes like this:

1. You get married.

2. You file for adjustment of status (AOS) from J-1 to permanent resident.

3. If your J-1 visa is subject to a 2 year home residency requirement, you'll need a waiver for that.

4. You and your husband go to an interview with USCIS. If approved, you receive a two year conditional green card.

5. After two years, you file a petition to remove conditions on the green card.

6. If approved, conditions on the green card are lifted.

He does not have to make money. His parents, or any other US citizen or permanent resident can be co-sponsor for you financially, if they're willing to do so.

In all this, you'll obviously have to prove that your relationship is genuine. Part of proving that is showing you live together, which may or may not be an option if he's living with his parents still.

As far as overstaying your visa, I would not recommend this for a multitude of reasons:

1. You'll be in the US illegally, and will be subject to deportation at any time if you're 'found.'

2. Once you leave the US, whether deported, or just to visit your family in Germany, you will be subject to a bar from re-entry. The bar is 3 years if you have overstayed 180 - 365 days, and 10 years if you have overstayed for more than 365 days.

3. If you and your boyfriend break up, things don't work out (which happens a lot), you'll be in the US illegally, and can either leave and face a 3/10 year bar, or stay illegally until you are deported.