J1 Au Pair Wife Out-of-Status for a Short Time after submitting AOS? Does this cause issues?

[DWolf 18]

Hi all,

I got a question about being "out-of-status" for a VERY short time and submitting a AOS Packet (I-485,I-130,I-130A, etc.) around the same time.

My wife (we got married in April, I'm the US Citizen and sponsor) is on a J1 Au Pair Exchange Status until this September 2019.  This is her second year as an Au Pair and she's obviously tired and burnt out and wants to leave the program at the end of the month (May 31st, next week).  I know it's common for a lot of married Au Pairs to end up leaving their programs with no issues.  However, I have been wanting to receive the I-797 NOA Notice of an Accepted Application BEFORE she formally terminates her J1 program as her company is pretty quick on ceasing the status.

Unfortunately (and knowing this has been a touchy subject to me), she went ahead and already spoke with her host family and company and they will be ending her time on May 31st.  I wanted her to stay a little longer to wait until we had safely secured the NOA.  I have our complete AOS Packet ready to send tomorrow but I'm a little concerned that with the holiday coming up and such that USCIS might be delayed in processing and her company will cease her J1 status before we receive the I-797/NOA of the Accepted Application.

My question is: Would her being "Out-of-Status" by a few days, maybe a week-or-so cause any issues with our AOS application?  Or should we wait to receive the I-797/NOA of the Accepted Application before she formally terminates her employment?

Thank you.

Edited May 22, 2019 by DWolf

[Ben&Zian 4,398]

Won't be an issue. "overstay" is forgiven from marriage to a USC...ensure there is no homestay rule with the J-1 as may need to do some other paperwork for that.

[DWolf 18]

Thank you Ben&Zian!
No "homestay"...she's exempt from the two year residency (212(e)?)...most Au Pairs are.  It's clearly labeled on some of documents we're submitting.

[Ben&Zian 4,398]

9 minutes ago, DWolf said:

Thank you Ben&Zian!
No "homestay"...she's exempt from the two year residency (212(e)?)...most Au Pairs are.  It's clearly labeled on some of documents we're submitting.

Then no issue. Overstay of any sort is forgiven with marriage to a USC. you're in the clear.

[eckoin 211]

I feel the overwhelming need to post the recent K1 thread about being out of status... 

 

OP, it's not a problem that she's out of status for USCIS purposes (or, doesn't have the NOA yet), just be mindful about having her come into contact with people who are in the position to ask her for her documents, like a police officer after a fender bender. 

 

You'll probably have the paperwork by May 31 anyway, and a few days is an easy ask to just lay low. You'll be fine. 

[HRQX 4,145]

On 5/22/2019 at 2:48 PM, DWolf said:

Would her being "Out-of-Status" by a few days, maybe a week-or-so cause any issues with our AOS application?

Not an issue in her case: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

[Unidentified 2,930]

On 5/22/2019 at 5:48 PM, DWolf said:

Hi all,

I got a question about being "out-of-status" for a VERY short time and submitting a AOS Packet (I-485,I-130,I-130A, etc.) around the same time.

My wife (we got married in April, I'm the US Citizen and sponsor) is on a J1 Au Pair Exchange Status until this September 2019.  This is her second year as an Au Pair and she's obviously tired and burnt out and wants to leave the program at the end of the month (May 31st, next week).  I know it's common for a lot of married Au Pairs to end up leaving their programs with no issues.  However, I have been wanting to receive the I-797 NOA Notice of an Accepted Application BEFORE she formally terminates her J1 program as her company is pretty quick on ceasing the status.

Unfortunately (and knowing this has been a touchy subject to me), she went ahead and already spoke with her host family and company and they will be ending her time on May 31st.  I wanted her to stay a little longer to wait until we had safely secured the NOA.  I have our complete AOS Packet ready to send tomorrow but I'm a little concerned that with the holiday coming up and such that USCIS might be delayed in processing and her company will cease her J1 status before we receive the I-797/NOA of the Accepted Application.

My question is: Would her being "Out-of-Status" by a few days, maybe a week-or-so cause any issues with our AOS application?  Or should we wait to receive the I-797/NOA of the Accepted Application before she formally terminates her employment?

Thank you.

So she didn't even tell her host family that she was going to get married? Well, she did the right thing eventually as getting married during your Au Pair Program is a sure way of losing your status. 

[eckoin 211]

16 minutes ago, Unidentified said:

So she didn't even tell her host family that she was going to get married? Well, she did the right thing eventually as getting married during your Au Pair Program is a sure way of losing your status. 

How come? Do you have to be unmarried to be an au pair? 

[DWolf 18]

11 minutes ago, Unidentified said:

So she didn't even tell her host family that she was going to get married? Well, she did the right thing eventually as getting married during your Au Pair Program is a sure way of losing your status. 

She did.  They have a really good relationship and have been understanding the whole way through.  She only had about three months left with them anyways.

Usually then it's up to the Au Pairs to tell their company (if not told by the host family) of their marriage to a US Cit (in our case, my wife was told by the host family that it was up to her to tell her local coordinator).  Mostly because the companies do not want to be legally "responsible" for the Au Pair anymore.  I guess it varies from Au Pair company-to-company, but some continue to finish out their contract.  One of my wife's friends who also had a good relationship with her family was suddenly kicked out of the home after telling her host mom she got engaged...she did a complete 180.

[DWolf 18]

1 minute ago, eckoin said:

How come? Do you have to be unmarried to be an au pair? 

I believe to initially apply, get the J1 Status and Visa, you must be unmarried in your home country and under 26 (or 27?)... however if you meet a USCIT in the US during your program and get married then you should file an AOS ASAP.  It then depends on the AU Pair company's policy (there's many companies) on whether they continue working until the end of their contract.  My understanding is that they can...

[eckoin 211]

1 minute ago, DWolf said:

I believe to initially apply, get the J1 Status and Visa, you must be unmarried in your home country and under 26 (or 27?)... however if you meet a USCIT in the US during your program and get married then you should file an AOS ASAP.  It then depends on the AU Pair company's policy (there's many companies) on whether they continue working until the end of their contract.  My understanding is that they can...

Huh, good to know. I would have thought it doesn't matter whatsoever, as long as you continue to fulfill your contractual obligations under the J status. 

 

Similarly to how one would be able to maintain a student or a work status while waiting for AOS. 

 

I suppose having to be unmarried to apply to the program in the first place, does put a restriction. Thanks for the explanation! 

[DWolf 18]

5 minutes ago, eckoin said:

Huh, good to know. I would have thought it doesn't matter whatsoever, as long as you continue to fulfill your contractual obligations under the J status. 

 

Similarly to how one would be able to maintain a student or a work status while waiting for AOS. 

 

I suppose having to be unmarried to apply to the program in the first place, does put a restriction. Thanks for the explanation! 

 

Yup, while you're in the AOS limbo period of changing Status (i.e. getting your Green Card), my understanding is you can still fulfill the obligations of your current status whether it be Student, Work, etc.

How the companies themselves handle the marriage to a USCIT is then contingent on the company.  A lot of Au Pairs (both some of my wife's friends and some stories on Facebook/Forums/Etc.) either end up leaving the program early or wrap up their contract.  Either way, they're in the "Pending Status" AOS limbo.

Thanks everyone for the replies and comments!!! 😊

 

Edited May 28, 2019 by DWolf

[Unidentified 2,930]

25 minutes ago, DWolf said:

She did.  They have a really good relationship and have been understanding the whole way through.  She only had about three months left with them anyways.

Usually then it's up to the Au Pairs to tell their company (if not told by the host family) of their marriage to a US Cit (in our case, my wife was told by the host family that it was up to her to tell her local coordinator).  Mostly because the companies do not want to be legally "responsible" for the Au Pair anymore.  I guess it varies from Au Pair company-to-company, but some continue to finish out their contract.  One of my wife's friends who also had a good relationship with her family was suddenly kicked out of the home after telling her host mom she got engaged...she did a complete 180.

With Au Pair Care and Cultural care, you are out of the program as soon as they find out if you get married. At least when I was an Au Pair a few years ago. Good for your wife that they don't seem to have that rule with her company. 

Edited May 28, 2019 by Unidentified

[Unidentified 2,930]

26 minutes ago, eckoin said:

How come? Do you have to be unmarried to be an au pair? 

You can probably be married to someone in your home country (doubtful as people are usually 18-19 years old). You're just not supposed to sign any contracts (getting married is somehow included in that rule) while you're an Au Pair, at least not with the programs I've heard of or been involved with.