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DavidandLaura

Please Seeking Help ASAP! I don't want to loose my wife (Au Pair Student) J1 Visa & Marriage

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Hello there this is my first post in this community. I noticed there is a lot of activity & feedback here for questions asked about visa status & the process & honestly I'm very scared right now and i don't want to loose my future life. If anyone would be so kind to explain to me the process of what i need to do right now with my Au Pair future wife I would be forever grateful. God Bless You 



I met my girlfriend 5 months ago from an au pair program where she babysits the host family's kids. She has been in this country (New York) for 10 months as of now. Her 1 year program finishes in September (Her Visa also ends in September), however we found out yesterday that the host family has decided to go with another au pair and so they are letting go of my girlfriend at the end of July 31st.....
The host family said they will not report the termination to Au Pair but i don't  trust their word. 

I told my girlfriend we need to immediately go to the county court house next Monday July 8th and schedule an appointment for the marriage certificate. 

1) My First question is does it matter which county court house we file a marriage certificate in and is this better then an online marriage certificate ? 

We need to file a status change to her visa immediately! I don't want her going back to her origin country Columbia. I don't want to be separate from her.  I want to do the Immigration process Now from start to finish while she is still here with me. 

I found this attorney office: who seems to have knowledge with the U.S Au Pair Program 
https://purdyimmigrationlawyer.com/exploring-post-j-1-visa-options-for-au-pairs-in-the-united-states/

2) I am a naturalized American citizen, what paperwork do i need to immediately file so that her visa status changes to something different or is extended. 
  - I know i need to file a petition of some sort...  

3) Does she still qualify for the 30 day grace for U.S Entry  based on the information provided about her visa ending in September but her program finishes early this month. 

4) Do we need a K1 visa, or can i skip this and go straight to "marriage-based green card" since we plan on getting married next week of July 8th. 

5) Once the initial paperwork is filed is she allowed to stay in the U.S with me until immigration receives and processes our documentation ? 


My greatest fear is loosing this precocious soul. I have never cried so much in my entire life & i honestly just need some solid guidance on what to do next. Thank You everyone. God Bless 

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Filed: K-1 Visa Country: Wales
Timeline

Marry

 

Read the guides

 

File to adjust

 

A J1 Au Pair will not be subject to the 2yr HRR

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Netherlands
Timeline

Boiler's advice is (as always) the way to go.

My general advice: Don't panic. Breathe. Read. Learn. You've got enough time.


But to answer your listed q's in detail:
 

1) Neither points matter. Just get married as soon as you are able.
2) Being a US citizen is all that matters after being naturalized. File to adjust status right after getting married(see guide).
3) The grace period does not apply when adjusting status. Make sure you file before the end of this month because as soon as you file for adjustment she can stay until your case is handled. 
4) K1 does not apply to you. Adjustment Of Status is what you need.
5) Yes, from the moment you receive your confirmation of documents being received. 

Reading is what? Fun-da-men-tal!

 

especially during your Visa Journey

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