What to do with J1 AU Pair Visa , please need some urgent help !

[handxx]

Hi

I have a really complicated situation.. My gf is in the states as a au pair for the last 2 years.. Her J1 Visa got expired by august 5th. She told me that she can stay in US 1 more month even though her visa got expired, she said it is her right to ravel 1 month if she likes because she did not have time to see around while she was working as a AU Pair.

Anyway, the problem is I believe it is too late to change her visa from J1 TO F1. She tallked to a language school and they said since her visa expired, she has to go to her native country to apply visa through American Embassy ..

I am a green card holder and will be citizen in a month. I love this girl and would like to marry her.. But , if she goes to her native country , I have no idea how to bring her back here.. If she stays here for another 1 month until I become citizen, she will be illegal already..

Please give me some ideas what we can do. It is really complicated situation and have no idea what to do. Do you guys think she can go to her native country apply for a Tourist Visa or F1 visa and come back ? is that the best option ?

 

[mmed]

Hi

I have a really complicated situation.. My gf is in the states as a au pair for the last 2 years.. Her J1 Visa got expired by august 5th. She told me that she can stay in US 1 more month even though her visa got expired, she said it is her right to ravel 1 month if she likes because she did not have time to see around while she was working as a AU Pair.

Anyway, the problem is I believe it is too late to change her visa from J1 TO F1. She tallked to a language school and they said since her visa expired, she has to go to her native country to apply visa through American Embassy ..

I am a green card holder and will be citizen in a month. I love this girl and would like to marry her.. But , if she goes to her native country , I have no idea how to bring her back here.. If she stays here for another 1 month until I become citizen, she will be illegal already..

Please give me some ideas what we can do. It is really complicated situation and have no idea what to do. Do you guys think she can go to her native country apply for a Tourist Visa or F1 visa and come back ? is that the best option ?

Since her J expired, she has one month grace period to return back.
If she is not subject to the 2 year home country, then she can have another visa like F and come back
She cannot switch now to anything as you said “she is not J any more”
You can marry her, apply for I130 after you become citizen and apply for I485 then she can come back as green card (~ 9 months the whole process) , again if she is not subject to the 2 year home country
If she stayed out of status for less than 6 months, no big deal suppose you will be citizen, apply for her as early as possible and again she is not subject to the 2 year home country or has waiver approved.
Is it one month left to become citizen or one month left to be eligible? Do not forget, you cannot predict the time of your citizen approval may be few months or years, no one knows. Good luck

 

[handxx]

Since her J expired, she has one month grace period to return back.
If she is not subject to the 2 year home country, then she can have another visa like F and come back
She cannot switch now to anything as you said “she is not J any more”
You can marry her, apply for I130 after you become citizen and apply for I485 then she can come back as green card (~ 9 months the whole process) , again if she is not subject to the 2 year home country
If she stayed out of status for less than 6 months, no big deal suppose you will be citizen, apply for her as early as possible and again she is not subject to the 2 year home country or has waiver approved.
Is it one month left to become citizen or one month left to be eligible? Do not forget, you cannot predict the time of your citizen approval may be few months or years, no one knows. Good luck

Ok , here is the situation. I have green card right now and my interview for the citizenship in 10 days. Hopefully , if nothing goes wrong I guess I will get my citizenship by the end of September but as you said it is not very predictable , I am just hoping and assuming at this point.

My gf's visa will expire September 6 so lets say if I marry her while I have the green card, how the process will run ? If I do not marry before September 6 , she will be out of status and be illegal.

Do you think I should wait to marry her until I get my citizenship ?

 

[mmed]

Ok , here is the situation. I have green card right now and my interview for the citizenship in 10 days. Hopefully , if nothing goes wrong I guess I will get my citizenship by the end of September but as you said it is not very predictable , I am just hoping and assuming at this point.

My gf's visa will expire September 6 so lets say if I marry her while I have the green card, how the process will run ? If I do not marry before September 6 , she will be out of status and be illegal.

Do you think I should wait to marry her until I get my citizenship ?

Mary when ever you want, this has nothing to do with her immigration status and will not put her in status or out of status. The important question you did not answer is : Is she subject to the 2 year home country or not? If she is subject, then the situation is not that as you want to be. If she is not subject or has waiver, then apply for I130 and I485 AFTER you become citizen even if she stay out of status fr less than 6 months. If you mary now you will save the time and have marriage certificate ready.