Au Pair J-1 Question

[shlimoi 0]

Hello all,

I have a question maybe some of you might be able to help me with.

If an au pair gets married before her J-1 Visa expires, should she report her status (for USCIS filing documents) as unemployed starting from the wedding date, meaning that the J-1 won't be valid anymore, or list herself as working for the au pair agency until her contract is up (would be ~1.5 months after the marriage date)?

Also, is it better to send all the USCIS documents (I-130, 130A, 131, 485, 765, 864, and 944) before or after her J-1 is set to expire?
The agency said it is okay for this person to continue working for them until her J-1 expires, but is it okay for USCIS for her to work an extra month or so after marriage?

Thank you in advance.

[Veronikac 15]

You are not loosing your J1 status by getting married or submitting AOS. If you are still fulfilling the J1 visa requirements, the J1 visa is valid until the expiration date on the DS-2019. If you are still in J1 status, you will reflect that in the USCIS paperwork. You will also fill the workplace in your employment history. 

Based on my opinion, it is better to submit the AOS package as soon as possible. First of all, you can still work when waiting for work permit if you are still holding your J1 (shorter gap without employment authorization) and also I will be trying to avoid being out of status in the US if there is the option (once your J1 will expire, you will be out of status and if there is no pending AOS you can run in some potential problems). 

Just make sure that there is no Two years home residency requirement on the J1 visa because that will be a problem for the AOS.

Edited February 11, 2021 by Veronikac