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BiscoeBunch

J2 Visa - US Citizen marrying Au Pair

By BiscoeBunch in Student & Exchange Visitor Visas

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BiscoeBunch Newbie

BiscoeBunch   1

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Hey all,

 

To make a very long story short - I am a US born citizen (26) and have met a really sweet lady (27) who is an Au Pair from Brazil. We both have same religious beliefs/convictions, family/life goals and we have really clicked and would like to marry someday. Our plans are to get married in brazil BUT with concerns of getting her back to the USA after the wedding ceremony has made us think it may be better to marry here in the states first and then have a celebration ceremony in brazil. We are currently in the process of flying her parents to the states so they can give us their blessings before any engagement/married certificate happens. We've been doing a lot of research on the process for a CR-1 visa can be pretty complex and we have a lot of questions - some listed below. 

 

Info:

  • Her visa is J2 and is valid until end of January 2026. It does not have 212(e) requirements.
  • She currently lives about 2hrs from me and her Au Pair Contract ends at the end of December 2025. The host family has been great and friendly (I'm actually joining all of them on a small family trip in a few days).
  • Our thoughts would be to get engaged and married sometime April-June 2025 in hopes that she would have a green card end of 2025 or early/mid 2026. (This might be a really optimistic timeline for a green card) 

 

Questions:

  1. On average how long would a change of status take for a J2 Visa via CR-1 take? - we will be married, name change, shared bank account, shared utility bills to home address, car insurance, etc... everything you'd do in a marriage.
  2. Will she be able to travel to other countries once the CR-1 is filed? - I've read about "advance parole" but I am unsure of the details or limitations. 
  3. If I file for CR-1 and all the additional forums to change her visa status - does she stay in the states while she waits for her status to change OR does she have to leave the USA in January 2026 when the visa ends? (Hearing lots of mixed responses to this)
  4. If we aren't approved by the time of the ceremony in Brazil, are there any Visa recommendations to get her back to the states? B2 is "non-immigration" so we've had concerns it may be a little hit-or-miss, especially due to the obvious fact she is trying to "migrate".

 

We do know of another Au Pair from brazil who married a US citizen a few years ago and their process took about 5 months while she was still here in the USA. Is that abnormally fast? 

 

Hope you all have had great holidays,

Thank you!

Edited by BiscoeBunch
Fixing typo
Boiler Grand Master

Boiler   45,795

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

J-2 visas are for spouses and unmarried children under 21

 

CR1 is an immigrant visa and will take 18 months plus 

 

You could marry and adjust AP would take 6 months plus to allow her to travel

 

 

 

“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.”

Boiler Grand Master

Boiler   45,795

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Her status seems to end in a few days and then what?

“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.”

Boiler Grand Master

Boiler   45,795

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I would not apply for any Visa, file to adjust, follow the guides.

“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.”

Dashinka Grand Master

Dashinka   24,657

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Here is the relevant guide.  It is best to become an expert of the required forms (I130/I485/i765/I131, and in particular the I864).

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Boiler Grand Master

Boiler   45,795

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She remains in her current status until something happens, it expires she uses EAD or AP

“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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