Getting married soon and need your help!

[Cmsusa 0]

Hello everyone! I really hope I'll get some help here because I am completely lost..

My and my fiancé will get married next week. I am an Aupair and my visa expires in June 2015. I do not have the 2years rule and he is an American citizen. I started filling the papers but my fiancé doesn't make enough money for now to support me, his father will be my affidavit.

Who is supposed to fill my petition (I130) then ? Since the father will fill the affidavit.

Do you have any clue? Also, I plan to leave the host family I am with after I get married to find another nanny job (better paid!) while I am waiting for my green card. Do you think its gonna be a problem if I leave the family I am supposed to work with until the end of my J1? Thanks a lot.

[JohnR! 5,495]

Your husband must file the I-130. He is the petitioner and main sponsor, even if a co-sponsor is needed.

You will not be able to get any jobs until you receive your EAD, so it would behoove you to complete your au pair assignment, which is the condition under which your current visa was issued. After you get married, you must wait for the certified copy of your marriage in order to file for AOS. Once you start AOS your EAD should take about 90 days, which means that you're a long way away from being able to work in the US legally.

Congrats & good luck!

Edited December 15, 2014 by JohnR!

[Cmsusa 0]

Thank you very much John for your answer! So my husband will file the I130 and his father the affidavit ? It this correct ?

[JohnR! 5,495]

You're welcome!

Your husband files the I-130 and he has to file the affidavit as well. If his income is insufficient, his father - or someone else - may file an additional affidavit. Even if your husband has no income at all, he must file the affidavit of support as the main sponsor. His father would be the co-sponsor.

Thank you very much John for your answer! So my husband will file the I130 and his father the affidavit ? It this correct ?

Edited December 15, 2014 by JohnR!

[Penguin_ie 5,994]

*** Moving from AOS from Family Visa to AOS from Student/ Work visa form ****

[KVE 29]

I think you should fulfil your J-1 visa conditions until Green Card is received, or until your visa ends (which ever is sooner).

Also it will take a while. Once married and filed for AoS it can take 60-90 days to get your EAD, and maybe a year or more for the Green Card.

[Cmsusa 0]

Thanks to all for your answers. So if I send the AOS in January and receive my authorization to work, I still can't leave the family ?

Because january+90 days = March/April. Contract ends in June (I really need to make more money and they don't want to inverse my salary, of course they wouldn't take an aupair if not!)

[Xanax 349]

You can look for paid employment once you have your EAD.

[raven52 233]

I enjoy reading JohnR! posts, as I learn and his well written posts always help the OP. Well done.

Good you have a co-sponsor I am sure it will help. EAD in 60-90 days, and GC about 6 months.,.,.,if all is well.

Good luck!

[JohnR! 5,495]

That is something you need to find out from your agency. They will be able to tell you if you can leave the family without prejudice, depending on the contract you signed. In all fairness I don't think the family you're with now will demand that you stay against your will, so my suggestion is that you speak to your agency and also to the family. Let them know what is in your future so they can prepare and find someone else to replace you. For all you know they may be able to release you much sooner than what you expect in which case you're worrying for no reason.

Thanks to all for your answers. So if I send the AOS in January and receive my authorization to work, I still can't leave the family ?
Because january+90 days = March/April. Contract ends in June (I really need to make more money and they don't want to inverse my salary, of course they wouldn't take an aupair if not!)

Thanks! You're very kind.

I enjoy reading JohnR! posts, as I learn and his well written posts always help the OP. Well done.

Good you have a co-sponsor I am sure it will help. EAD in 60-90 days, and GC about 6 months.,.,.,if all is well.

Good luck!

Edited December 16, 2014 by JohnR!

[Cmsusa 0]

Thank you everybody!!! What a release!! If I have questions about how to fill the forms where should I post them? (because I saw some questions which my fiancé and I don't really understand. They're tricky and/or not clear!)

[JohnR! 5,495]

You can start with the guides:

http://www.visajourney.com/content/guides

and if you need help come back to VJ... :-)

Thank you everybody!!! What a release!! If I have questions about how to fill the forms where should I post them? (because I saw some questions which my fiancé and I don't really understand. They're tricky and/or not clear!)

[icv21 110]

You can search around the forum lots of the basics questions are usually answered around or just post in the AOS section

Have you taken a look of the guide already? http://www.visajourney.com/content/i130guide2

Edited December 16, 2014 by IRIScv

[Cmsusa 0]

Hello everyone ! We

Just got married last week, and we would like to start the immigration documents. I am currently on a J1 (expires on June 2015). What document should I file and where to send them ?(and how to pay the fees)? My husband is a citizen. Also I would like to go to France in couple of month so I will the advance parole. When should I send it - with the I-130?

Thank you so much !!! (I contacted a lawyer but we can't afford this kind of huge amount for the moment) :-(

[didopage 337]

Everything you need to know is here: http://www.visajourney.com/content/i130guide2

+ read the official instructions on the USCIS website! If you know how to read carefully instructions, fill in forms and organize all the documents, you don't really need a lawyer. Most of the members on VJ did everything by themselves.

You send the I-130, I-485/I-131/I-765 at the same time.

Advance parole (I-131) is usually granted after 2-3 months. Don't leave the US without it.