The aupair had nothing to do with my ex and I seperating. We had marriage problem all of last year and the decision to seperate was made before she even got here!
There is nothing to be worked out between my ex and I. We are on good terms and agree on everything, we are actually doing an uncontested divorce! She has no problem with the fact that I'm with that girl, she is seing someone else too! We are on really good terms!
I came here more than 10 years ago and I don't see how USCIS could hold that against us.
You misunderstood my point regarding working out things between you and spouse, I meant the issues of children custody and so forth, NOT that you should rekindle the fire with her. You clearly have good relations with her and she has no problem with you sharing the sheet with the nanny.
What you fail to foresee is the trouble on the horizon from USCIS, especially the idea that after you divorced your wife, you entered into a holy matrimony with the nanny, who happen to have a J1 visa, whom you now want to sponsor for a green card. Be prepared to show your case has no stench of immorality contained in it....lol!!! USCIS will certainly have vested interest in the divorce papers, they usually prefers to see the original documentation to make sure nothing nefarious was involved. Since the nanny is now your a future-wife-in-waiting, she has a J1 visa and you might be successful in extending her visa for another year, why don't you cool off this marriage business with her for a year, to just avoid the scrutiny of USCIS? Since this is a free country, you are free to marry her the day your divorce is finalized and file for a green card for her on that same day, but be prepared for a long interrogation from USCIS. It is possible USCIS might suspect this nanny to have been responsible for breaking up your marriage, regardless of the fact that they (USCIS) are not in the business of marriage. I wonder how you plan to answer the question, "How did you meet?" Oh...she was my nanny and my wife and I were having problems, we (wife and myself), separated and I woke-up one day to find that I am in love with my nanny? Dude, if you don't see the danger lurking here with your case, please go ahead, but do let us know the progress. I am trying to save your behind from the lake of fire, but the freedom do what pleases us, but doesn't infringe on others is what made this country what it is, America.
Why don't you successfully renew her visa for another year, a month prior to her next visa extension expiration, you marry her and file the paperwork? I mean, you aren't sexually starved or lack of affection, she is there in your home, why the rush? In the interim, you should integrate into your family's business, utilities, car insurance (especially if she drives the kids), and other documentation to ensure that your case (once filed), has a strength of a couple who married each other for love. On a side note, IMO, you have another thing coming your way down the line...lol!!!!
