AU PAIR- VISA J1 MARRIED WITH A US CITIZEN

[VERONICA MACCARIO 0]

Hello. I really need help. I was an au pair and I am from Italy. I got here on March 13th 2017 and after the first year I extended for other 6 months with another host family. I finished my au pair program on September 13th and on the 27th I got married with my husband (Us citizen). my J1 Visa will be valid until October 13th (then my 2 years with J1 Visa will be completed). Can someone give me some more informations? What is the next step? Am I able to work? Can I go back to Italy for few weeks? (my grandma is really sick and my dog just died). Thank you for your help

 

Veronica

Edited October 1, 2018 by VERONICA MACCARIO

[geowrian 22,337]

You can remain in the US as long as your existing status permits.

 

You can file for AOS, and remain in the US while that is processing. However, if you leave the US without AP or a green card during this period, your AOS application will be deemed abandoned and you will need to complete the visa process abroad (~12-16 months).

AP is taking ~4-6 months on average right now. Emergency AP is available, but do not rely on this being granted...they are very strict with issuing it.

AOS Guide: https://www.visajourney.com/content/i130guide2

You cannot exit the US and re-enter on a J-1 within intent to AOS.

 

The other option is to leave before your existing status expires and go for a CR-1 visa abroad. ETA: ~12-16 months.

Guide: https://www.visajourney.com/content/i130guide1

[VERONICA MACCARIO 0]

My J1 Visa is saying:

covers period from March 13th 2017 to September 12th 2018 

I got married on the 27th, I have been an au pair until the 13th.

With the au pair program we have an additional month (called travel month) and I thought I could stay until October 13th.  I am really confused. 

Do I have to apply for AOS? 

Edited October 1, 2018 by VERONICA MACCARIO

[Just Paul 4,595]

1 hour ago, VERONICA MACCARIO said:

Do I have to apply for AOS?

You need to file the I-130, I-485 and I-765.  If you leave you will not be able to come back with the J visa.

[geowrian 22,337]

1 hour ago, VERONICA MACCARIO said:

My J1 Visa is saying:

covers period from March 13th 2017 to September 12th 2018 

I got married on the 27th, I have been an au pair until the 13th.

With the au pair program we have an additional month (called travel month) and I thought I could stay until October 13th.  I am really confused. 

Do I have to apply for AOS? 

I'm not familiar enough with J visas to speak as to when status officially terminates, sorry.

 

As stated above, you have 2 options...

1) AOS. You cannot leave and return unless you have Advance Parole (AP) or a green card. AP is taking ~4-6 months currently.

2) Leave before your status expires and due Consular Processing (CP) abroad for a CR-1 visa.

 

Normally I'd say do #1, but if traveling home within the next ~6 months is important to you then #2 may be a better fit. Nobody knows what's better for you than yourself.

 

If you do #1, you will not be authorized to work until you have an EAD (I-765). This is also taking ~4-6 months.