Get married and quit the au pair program

[noremi 0]

Hello!!

I have a question that is torturing me since some weeks ago.

i’m an au pair and I want to get married before the end of my year.

Should I quit the day before to get married or some days after? I know that au pairs cannot be married but I also know that if I quit before I will be in overstay. What’s the best thing to do? 
I already finished almost all the papers I plan to apply for the green card straight after my marriage.

thank you so much 

[Just Paul 4,595]

13 minutes ago, noremi said:

Should I quit the day before to get married or some days after?

Quit before you get married,

14 minutes ago, noremi said:

if I quit before I will be in overstay.

Overstay will be forgiven when you marry a USC and you need to AOS to have proof of status.   The NOA will grant you status.  

15 minutes ago, noremi said:

I already finished almost all the papers I plan to apply for the green card straight after my marriage

Depending on where you marry it may take some time to get the completed marriage certificate.

 

Make sure you file for EAP and AP as well so you can travel and work sooner.

[Ontarkie 14,512]

~~Moved to AOS from Work, Student, and Tourist Visas, from Student and Work Visas - the Op is asking about adjusting status.~~

[HRQX 4,145]

30 minutes ago, Paul & Mary said:

The NOA will grant you status.  

To be precise it's not a status. Pending AOS applicants are in "a period of stay authorized by the Secretary of Homeland Security." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3 "Lawful immigration status is distinct from being in a period of authorized stay."

Edited January 17, 2020 by HRQX

[Boiler 46,198]

Au Pairs certainly can marry, whenever you want to.

[noremi 0]

29 minutes ago, Paul & Mary said:

Quit before you get married,

Overstay will be forgiven when you marry a USC and you need to AOS to have proof of status.   The NOA will grant you status.  

Depending on where you marry it may take some time to get the completed marriage certificate.

 

Make sure you file for EAP and AP as well so you can travel and work sooner.

 

55 minutes ago, Paul & Mary said:

Quit before you get married,

Overstay will be forgiven when you marry a USC and you need to AOS to have proof of status.   The NOA will grant you status.  

Depending on where you marry it may take some time to get the completed marriage certificate.

 

Make sure you file for EAP and AP as well so you can travel and work sooner.

Thank you so much for the answer.

So even if I need some days before to apply for the AOS I will be fine right? 
 

[carmel34 3,657]

16 hours ago, noremi said:

 

Thank you so much for the answer.

So even if I need some days before to apply for the AOS I will be fine right? 
 

We have seen cases here on VJ where a foreigner in the US marries a USC and delays filing AOS for days, weeks, or years.  In that time while waiting for the marriage certificate, preparing to file the AOS package, waiting for the NOA to arrive, after your J visa expires, you have no legal status in the US and are at risk of deportation.  It's rare but sometimes happens if law enforcement stops you for whatever reason and asks for your documentation.  In one horror story a person in this situation was detained for a week or more because they had married a USC but did not have legal status because AOS had not yet been filed, no NOA, visa expired, etc.  My advice would be to get married in a county where marriage certificates are issued the same day as the marriage, have the AOS package ready and send it the same or next day, then keep a low profile, don't go out much or travel domestically while waiting for the NOA.  Good luck!

Edited January 17, 2020 by carmel34