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Posted

Hello my name is Andrea, here is my situation.

 

I am currently a French au pair in Milwaukee, I live in the US with a J-1 visa that is about to expire (February 2024), I would like to stay in America (Chicago) to start a new life with my boyfriend he is American, we are not ready for marriage since he is in law school. I have been looking for jobs and applying for a bunch of them but no luck for me cause I have no answer. My boyfriend parents would be ready to sponsor me but we don’t really know or understand how does it work. Can I change my status ? Can the parents sponsor me ? If I go back to my country will I be stuck there and not able to apply for new visa ?

 

thank you all for you help 

 

Posted

1) you could get a F1 visa and join some college/university to study 

2) other choice is to marry a US citizen and apply for permanent residency. aka green card 

3) parents can sponsor a h1b visa for you if they run a company and can sponsor you and you can maintain legal status until October 2024. Lets say they sponsor you an h1b work visa. it  has a lottery in April 2024. First you need to get selected in the lottery and than if you select you need to main legal status until October 2024 which is when  H1b visa starts 

 

Note: Marriage to a US citizen does not itself give you any legal status.

duh

Posted
12 hours ago, AndreaLejoly said:

Hello my name is Andrea, here is my situation.

 

I am currently a French au pair in Milwaukee, I live in the US with a J-1 visa that is about to expire (February 2024), I would like to stay in America (Chicago) to start a new life with my boyfriend he is American, we are not ready for marriage since he is in law school. I have been looking for jobs and applying for a bunch of them but no luck for me cause I have no answer. My boyfriend parents would be ready to sponsor me but we don’t really know or understand how does it work. Can I change my status ? Can the parents sponsor me ? If I go back to my country will I be stuck there and not able to apply for new visa ?

 

thank you all for you help 

 

 

What skills and education do you have? No employer is going to spend thousands of dollars on sponsoring a visa for you unless you have skills they really need. So don't bother applying for jobs that aren't likely to lead to a visa. Even if you do find a job offer tomorrow from an employer prepared to sponsor you, you're not going to get a visa before February.

 

But once you do return to France, you can always apply for a new visa, just make sure you abide by the terms of your current one and don't overstay it. F1 as suggested above is probably the best option, if you have the funds for it. If not, then you may find that your only option is to return to France and then see how a long distance relationship with your bf goes, before going down the marriage visa route once you are both ready for it.

 

Good luck.

 

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
16 hours ago, AndreaLejoly said:

I am currently a French au pair in Milwaukee, I live in the US with a J-1 visa that is about to expire (February 2024)

Whatever you do, don't overstay the terms of your visa.  Go back to France before the J-1 expires.  An overstay on your record will cause problems down the road.  You can apply for another visa from France as others have suggested (F-1, K-1, etc.).

Posted (edited)
5 hours ago, AndreaLejoly said:

Yes for sure I don’t want to overstay, I don’t want to do anything illegal. I am not able to afford school my only skills is that I am fluent in French and English, I have a hosting, relation with customer hight school degree and a French CNA degree 

I think your best bet is to go back to France, and see whether your relationship develops, leading to marriage and sponsorship for CR-1 visa or K-1 fiance visa.

 

Your BF parents cannot sponsor you. You can only stay if your BF marries you and files AOS forms.

Otherwise you need to go back and find a different avenue to come back to the US on permanent basis.

Edited by OldUser
Posted (edited)
23 hours ago, igoyougoduke said:

3) parents can sponsor a h1b visa for you if they run a company and can sponsor you and you can maintain legal status until October 2024. Lets say they sponsor you an h1b work visa. it  has a lottery in April 2024. First you need to get selected in the lottery and than if you select you need to main legal status until October 2024 which is when  H1b visa starts 

Even if they ran the business capable of sponsoring for H-1B I'd discourage to go this route. It borderlines H-1B visa abuse due to OP's relationship with their child.

Edited by OldUser
Posted
4 hours ago, OldUser said:

Even if they ran the business capable of sponsoring for H-1B I'd discourage to go this route. It borderlines H-1B visa abuse due to OP's relationship with their child.

yeah its kind of blury line . agree but if they are paying wages and maintain accounts and taxes i dont see an issue 

duh

Filed: Timeline
Posted
9 hours ago, igoyougoduke said:

yeah its kind of blury line . agree but if they are paying wages and maintain accounts and taxes i dont see an issue 

Per the OP, she does not have the scholastic or experiential background that would qualify her for an H1, regardless of the family's business and their willingness to pay her.  And, should mention that an H1 would not likely be available until October 1st even if she and the business qualified -- long after she left the US.

Posted
On 1/12/2024 at 12:53 PM, jan22 said:

Per the OP, she does not have the scholastic or experiential background that would qualify her for an H1, regardless of the family's business and their willingness to pay her.  And, should mention that an H1 would not likely be available until October 1st even if she and the business qualified -- long after she left the US.

correct. OP has to maintain legal status until H1b kicks in and also has to get picked in H1b lottery .

 

The only choice is enroll in college/university on F1 visa 

duh

 
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