I am an au pair still in the US, what would be the best option in my case?

[StephanieKK 0]

I am currently an au pair and my program only ends in February, I can stay here until March. My boyfriend is a college student and won't graduate until May, for that reason I can't just get an adjustment of status since I won't be able to work and he won't be able to support me. But we would like to be apart the least amount of time possible and for that reason we were planning to start filling the k1 visa as soon as possible, while I am still here. The question is, how soon would that be since I still have 7 months left in the US before I come back to my home country(Brazil). I know that at some point I will have to come back there to do some medical exams and interviews. But I would like to know at around what time should we start the process in order for when my program ends I can go to Brazil and do the other part of the process. 

[databit 328]

Can't file a K-1 if you're here.

Edited July 10, 2018 by databit

[Roel 7,193]

Start now. The process takes about 10 months. 

[Roel 7,193]

2 minutes ago, databit said:

Can't file a K1 if you're here.

Wrong.  They can file for k1 whenever and she'll need to come back to her country for medical and interview. 

 

OP.  You have 3 options. 

1. File k1 visa, do medical and interview back in your country. 

2. Get married, file for cr1 visa and interview back in your country. 

3. Get married and file AOS without leaving the US. 

 

 

Edited July 10, 2018 by Roel

[Unidentified 2,930]

14 minutes ago, StephanieKK said:

I am currently an au pair and my program only ends in February, I can stay here until March. My boyfriend is a college student and won't graduate until May, for that reason I can't just get an adjustment of status since I won't be able to work and he won't be able to support me. But we would like to be apart the least amount of time possible and for that reason we were planning to start filling the k1 visa as soon as possible, while I am still here. The question is, how soon would that be since I still have 7 months left in the US before I come back to my home country(Brazil). I know that at some point I will have to come back there to do some medical exams and interviews. But I would like to know at around what time should we start the process in order for when my program ends I can go to Brazil and do the other part of the process. 

I would go ahead and file now. The k1 process takes quite a while and once it comes to the embassy you could even delay it if, though I doubt it, the application would be approved before you are done with your Au Pair program. But for you it sounds like K1 is your best option if your future spouse is not ready yet to support the both of you. And, as I am sure you know, you can't get married during your Au Pair program without being kicked out of the program and unable to continue to work.