aupair AOS to spousal visa help

[angeliquefromsa 0]

Hi

I am an aupair with aupair in America, with J1 visa that started Feb 10, 2014 and ends Feb 10, 2015.

I am engaged to US citizen.

We plan to marry in court now then start paper work Inc. Parole

Then I plan to leave in Feb to south Africa then he will Join me In April for the wedding

and we are hoping we can both enter the US after that and that I have correct paperwork and able to work

My question is

1. wild I be able to still work wth the agency if my Status is pending?

2. when I'm away and we get an appointment while I'm travelling, and we reschedule till after the wedding abroad, will I be able to enter the US ? With what paper work?

3. anyone with advice or see any red flags? Wd be so appreciated

[Darnell 8,479]

since you are leaving the USA, your uscitizen spouse will have to chase a CR-1 visa for you,

and that starts with an I-130 petition.

If , instead, there is no 2YHRR requirement on your visa foil in your passport,

you can stay and file the big adjustment of status paperwork immediately after marriage, not leaving USA till greencard in hand.

[Boiler 46,198]

Unlikely to be a 2YHRR for an au pair.

[aaron2020 11,651]

since you are leaving the USA, your uscitizen spouse will have to chase a CR-1 visa for you,

and that starts with an I-130 petition.

If , instead, there is no 2YHRR requirement on your visa foil in your passport,

you can stay and file the big adjustment of status paperwork immediately after marriage, not leaving USA till greencard in hand.

You missed the part where she stated that they would marry now and apply for AOS and AP. She will have AP by Feb. She does not need to pursue a CR-1.

[aaron2020 11,651]

Hi

I am an aupair with aupair in America, with J1 visa that started Feb 10, 2014 and ends Feb 10, 2015.

I am engaged to US citizen.

We plan to marry in court now then start paper work Inc. Parole

Then I plan to leave in Feb to south Africa then he will Join me In April for the wedding

and we are hoping we can both enter the US after that and that I have correct paperwork and able to work

My question is

1. wild I be able to still work wth the agency if my Status is pending?

2. when I'm away and we get an appointment while I'm travelling, and we reschedule till after the wedding abroad, will I be able to enter the US ? With what paper work?

3. anyone with advice or see any red flags? Wd be so appreciated

1. Yes. You will need to maintain your J-1 until you get the EAD to work.

2. You need AP to re-enter the US. You can not use your J-1 non-immigrant visa to enter the US with the intent to immigrate.

3. The 2 years HRR. If it applies, you need a waiver from the sponsor. If you have the HRR and no waiver, your green card will be denied.

[angeliquefromsa 0]

so cool to get responses thank you!

sorry forgot to say I do not have a 2 yr requirement

so im grateful for that

do you think I will get the spousal visa by feb? im hoping so other wise I will enter on AP

so during the AOS will I still be under the j1 until all is finalised?

I can only work at my current job with the j1 and worried I will lose it if I start this process

[lil2be 11]

If you file it now, you most like will get it before Feb. It depends on your local USCIS. I am about to get mine within 4 months time frame. But do expect delay because of error or missing document if ever have one.