Marrying U.S. citizen on J1 visa

[Aupair3 1]

Hello! I am a J1 visa holder from Hungary. I arrived to the U.S. in June 2016 so I'm spending my second year as an Au Pair (my program ends June 2018).  I am planning to get married to a U.S. citizen in May 2018. If I'm right, just by marriage I won't lose my J1 visa. My current Host Family wants me to complete my program so they want me to work for them until June 10th. My Au Pair agency said they won't end my sponsorhip until the end of my program so I can complete it. When should we start the application process for the Green Card not to run out of time? Do I lose my visa by filing for Green Card? I want to complete my program but I also want to make sure that we file everything on time. Thank you for your help!

[Californiansunset 336]

24 minutes ago, Aupair3 said:

Hello! I am a J1 visa holder from Hungary. I arrived to the U.S. in June 2016 so I'm spending my second year as an Au Pair (my program ends June 2018).  I am planning to get married to a U.S. citizen in May 2018. If I'm right, just by marriage I won't lose my J1 visa. My current Host Family wants me to complete my program so they want me to work for them until June 10th. My Au Pair agency said they won't end my sponsorhip until the end of my program so I can complete it. When should we start the application process for the Green Card not to run out of time? Do I lose my visa by filing for Green Card? I want to complete my program but I also want to make sure that we file everything on time. Thank you for your help!

You won't lose your J1 status by filing for AOS. In fact you'll get a work permit if you file for I-765 concurrently (which you should do) so even if your J1 is expired, you'd be allowed to work because you'll have your work permit (EAD). It takes around 4 months after filing for AOS to receive the EAD.

Now what you need to check is whether you fall under the J1 home residency requirement. Does it say anything on your visa about that? I don't think you have that as an Au Pair though...you should be fine

Edited January 24, 2018 by Californiansunset

[Aupair3 1]

1 minute ago, Californiansunset said:

You won't lose your J1 status by filing for AOS. In fact you'll get a work permit if you file for I-765 concurrently (which you should do) so even if your J1 is expired, you'd be allowed to work because you'll have your work permit (EAD). It takes around 4 months after filing for AOS to receive the EAD.

Now what you need to check is whether you fall under the J1 home residency requirement. Does it say anything on your visa about that? 

I don't have to go home for 2 years. So you're saying that I can get married in May (or even next week if I want to go to City Hall), then starting the Green Card application process right away, and still work for my host family until June 10th because my Au Pair agency will keep my sponsorship? And when I get my work permit in about 4 months from the application, I can have a normal job. Is this what you mean?

[Californiansunset 336]

Just now, Aupair3 said:

I don't have to go home for 2 years. So you're saying that I can get married in May (or even next week if I want to go to City Hall), then starting the Green Card application process right away, and still work for my host family until June 10th because my Au Pair agency will keep my sponsorship? And when I get my work permit in about 4 months from the application, I can have a normal job. Is this what you mean?

Preferably get married and file for AOS asap so you won't be unemployed after your Au Pair work is over. If you don't mind not having a job after your J1 expires and you're fine waiting for your EAD to get a new job (yes any job you want) then file whenever you want (but before your J1 visa expires so you stay in status).

[Aupair3 1]

15 minutes ago, Californiansunset said:

Preferably get married and file for AOS asap so you won't be unemployed after your Au Pair work is over. If you don't mind not having a job after your J1 expires and you're fine waiting for your EAD to get a new job (yes any job you want) then file whenever you want (but before your J1 visa expires so you stay in status).

Thank you so much, you already put my mind at easy! It all sounds great. So it actually means that we will be married but I will be living at my host family's because that's the requirement for the Au Pair program. Do you think it will look ok? I mean normally married couples are supposed to live together. But I guess it might be more important that I'm completing my Au Pair year and that I'm fulfilling the requirements. What do you think?

[Californiansunset 336]

1 minute ago, Aupair3 said:

Thank you so much, you already put my mind at easy! It all sounds great. So it actually means that we will be married but I will be living at my host family's because that's the requirement for the Au Pair program. Do you think it will look ok? I mean normally married couples are supposed to live together. But I guess it might be more important that I'm completing my Au Pair year and that I'm fulfilling the requirements. What do you think?

Yes, ideally you'd be living together as a married couple BUT by the time you have your AOS interview you won't be living with your host-family anymore (depending on your local field office it takes 6-8 months for your interview to be scheduled) AND you could explain to the IO who's interviewing you why you wouldn't be living together YET if it did happen to be very early in the process . You can also always show other things as proof why the relationship is real. Me and my husband are also living with roommates because I moved in with him and his friends. The IO asked about our living situation and didn't think this was odd at all (probably mainly also bc living in SoCal is freaking expensive). Once you are married start opening a joint (savings) bank account and each of you put money in it monthly. Add each other to your car insurances (usually makes it actually cheaper) and he can add you to his health benefits or utility contract etc. When you file your AOS papers, use the address you will be living at with your husband. If you really wait until May to file the papers then there's absolutely no reason to worry about you living with your host-family until June...    

[Aupair3 1]

1 minute ago, Californiansunset said:

Yes, ideally you'd be living together as a married couple BUT by the time you have your AOS interview you won't be living with your host-family anymore (depending on your local field office it takes 6-8 months for your interview to be scheduled) AND you could explain to the IO who's interviewing you why you wouldn't be living together YET if it did happen to be very early in the process . You can also always show other things as proof why the relationship is real. Me and my husband are also living with roommates because I moved in with him and his friends. The IO asked about our living situation and didn't think this was odd at all (probably mainly also bc living in SoCal is freaking expensive). Once you are married start opening a joint (savings) bank account and each of you put money in it monthly. Add each other to your car insurances (usually makes it actually cheaper) and he can add you to his health benefits or utility contract etc. When you file your AOS papers, use the address you will be living at with your husband. If you really wait until May to file the papers then there's absolutely no reason to worry about you living with your host-family until June...    

Oh yeah I hear you... Well since you told me we can file any time, I'd prefer to do it as soon as possible. So you think I should put my fiance's address on my application, even though I'll be living at my Host Family's for 3-4 more months? 

[Californiansunset 336]

5 minutes ago, Aupair3 said:

Oh yeah I hear you... Well since you told me we can file any time, I'd prefer to do it as soon as possible. So you think I should put my fiance's address on my application, even though I'll be living at my Host Family's for 3-4 more months? 

Yes, I'd put your fiances address down so all USCIS communication will be sent to that address since you'll be moving there after June (changing addresses with USCIS can be a pain). You will have to list all previous addresses of the past 5 years anyways and that's when you put down your current one (and you have to specify the time frame you lived there so just do that, but your main address can still be seen as your fiances since you will be moving there very soon and he can accept your mail from USCIS).  

[Aupair3 1]

Just now, Californiansunset said:

Yes, I'd put your fiances address down so all USCIS communication will be sent to that address since you'll be moving there after June (changing addresses with USCIS can be a pain). You will have to list all previous addresses of the past 5 years anyways and that's when you put down your current one (and you have to specify the time frame you lived there so just do that, but your main address can still be seen as your fiances since you will be moving there very soon and he can accept your mail from USCIS).  

Great! I appreciate your help so much! 

[Aupair3 1]

@Californiansunset hope you can help me with this new question. So my host family freaked out when I first thought that I will lose my visa when I get married so they contacted my au pair agency. Now that I figured out that I won't lose the visa, the au pair coordinator told me to send her my marriage certificate so she can document it to the Department of State. Do I lose my visa if it's reported? ..... I can't believe people just don't let us be  

[mrmvkjts 459]

Hi there!

So I was an au pair myself and as far as I know, the au pair agencies don‘t really allow that.

If they don‘t know that you‘re married, they won‘t care but if they know that you are, they see that as „programme not finished“ because you adjusted your status(or will) so since they are the sponsor of the J1 visa (basically) they need to report it and technically you‘re not allowed to work since your under AOS and don‘t have your work permit EAD yet.

 

But please don‘t nail me down on that, it‘s just the information I have!

[mrmvkjts 459]

Oh but, if you‘re not married until may anyways, then they shouldn‘t make a fuss about it..

just explain this to your agency and make sure they know that nothing will happen until then

NOT SURE IF THIS WORKS THO,some  agencies and some families might not believe/like it!

[Californiansunset 336]

Hey, sorry just saw your question. I looked into it again and it seems to be true that The J1 visa belongs to the few visas that get cancelled as soon as you file for AOS. 

I know someone who did it and was still an Au Pair so i guess they must’ve agreed on their own terms to continue the program by themselves (which is not legal then anymore).

Here is someone with the same problem:

Im sorry for the confusion. Looking at that it’s better if you wait until May to marry and file the papers. 

[Aupair3 1]

A little update on the topic, in case someone is looking for the same information. We've consulted with one of Boston's biggest immigration lawyers and he said filing for the Green Card does not mean I lose my J1. If we file in March, I'll get my work permit in 120 days, which means it will be after my J1 expires. The Green Card interview is probably going to be 6 months after filing, which means I'll already be living with my husband by then. It is legal! I can complete my Au Pair program while filing for the Green Card if the interview will be later than the expiration date of my J1. I hope it helps someone.

[libra22 0]

On 2/16/2018 at 10:04 AM, Aupair3 said:

A little update on the topic, in case someone is looking for the same information. We've consulted with one of Boston's biggest immigration lawyers and he said filing for the Green Card does not mean I lose my J1. If we file in March, I'll get my work permit in 120 days, which means it will be after my J1 expires. The Green Card interview is probably going to be 6 months after filing, which means I'll already be living with my husband by then. It is legal! I can complete my Au Pair program while filing for the Green Card if the interview will be later than the expiration date of my J1. I hope it helps someone.

Do you know if leaving the program after getting married but before filing is ok? I have not filed yet but I really want to leave.