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  • Au pair getting married

    I have a Russian au pair on a J-1 visa. She wants to marry an American. She is planning on getting married the week her visa expires. Her boyfriend tells her that is all they need to do and then apply for change of status. He says it will only take a week for change of status. Is this true?? They already tried for the fiance visa but were denied because he has prior felony. Can anyone help me? I care for this girl and do not want to see her hurt. I really don't think she should marry the scumbag.

  • #2
    I have a Russian au pair on a J-1 visa. She wants to marry an American. She is planning on getting married the week her visa expires. Her boyfriend tells her that is all they need to do and then apply for change of status. He says it will only take a week for change of status. Is this true?? They already tried for the fiance visa but were denied because he has prior felony. Can anyone help me? I care for this girl and do not want to see her hurt. I really don't think she should marry the scumbag.

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    • #3
      It can take months and years to adjust status (read some of the posts on this board to verify this). He sounds like a lying con artist. I would try and talk her out of it. Good luck.

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      • #4
        I married a Russian au pair !!! We did adjustment of status; took 18 months. Married 1999, she received conditional green card 2001, (divorced in 2002, lost conditional green card 2003, she got remarried to a mental patient in 2005 and put into removal proceedings 2007; outcome TBD.) From now on I only marry mail order brides from Russia "them you can trust".


        I do not know how or why they could have applied for a fiance visa if she is in the US. The K-1 fiance visa is to bring someone in to marry.

        I know of only one agancy - Au Pair In America - gives the visa where you can adjust status. Maybe others do too. It certainly does not take a week to adjust status for anyone ! LOL. 16-18 months is normal.

        He does sound like a scumbag. You can give her my email and I can marry her : ).

        Or you can talk to her and discuss her options. Maybe you can sponsor her as a student or ask the agency to extend or renew the visa. Tell her that a convict usually does not make a good husband : ). However, the worst convicted criminal in the US is no match for a Russian woman! She will eat him alive. Maybe you should warn him ! LOL !!!

        GOD BLESS AMERICA AND THE H E L L WITH EVERYONE ELSE !!!!!!!!!!!!!!!!

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        • #5
          They tried for the fiancee visa before she became an au pair. That is why she became an au pair so she could get to USA.
          She doesn't seem to understand that even if she marries him, she will be illegal. That she will be here on an expired visa and could take the chance of being deported.

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          • #6
            She will not be illegal. There is a 30 day grace period after the au pair visa ends. If they apply for AOS she will have maintained continuous status. Even if she fails to maintain status, as long as she enterred with inspection, she can adjust status whwnever she gets married.

            There is one point of concern; they might feel that she committed fraud in getting the Au Pair visa with the intention to marry and that could be a big problem because they have the K-1 visa on record. Bad move on their part.

            What au pair agency is it??

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            • #7
              Another option if you care for her is to divorce your wife and marry her yourself. : )

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ddsmiller:
                They tried for the fiancee visa before she became an au pair. That is why she became an au pair so she could get to USA.
                She doesn't seem to understand that even if she marries him, she will be illegal. That she will be here on an expired visa and could take the chance of being deported. </div></BLOCKQUOTE>


                Her status will not be "illegal" after she marries a USC and they apply to adjust her status. I agree that the 16-18 month interim is a fair estimate. During this timeframe, her status will be "pending" and she will be protected from deportation. She can also apply for temporary work authorization (I765), I suggest applying at the same time as the 485 and I130. Approx 4-6 months later, she will get her Employment Authorization and SS# for her to work legally.

                I cannot comment whether or not she should marry her boyfriend. People can change, even if they do have a criminal record, that's for her to decide if this guy is worthy. It could have been that the individual was unfamiliar with INS processing times and received incorrect information. A record on the part of the spouse will not prohibit the processing of her AOS.

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
                  Another option if you care for her is to divorce your wife and marry her yourself. : ) </div></BLOCKQUOTE>

                  I think this post came from a lady - I don't think she would be interested in marrying her.

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                  • #10
                    Then she can divorce her husband and he could marry her !!!
                    Or I could !!!

                    GOD BLESS AMERICA AND NO ONE ELSE AT ALL !!!

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                    • #11
                      She still will be sent home,tell her that.
                      Russian? she came as an au pair because of no other choice? lol....

                      they have her files and records what she tried in the past.

                      the marriage won't make a difference....

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                      • #12
                        An au pair can stay up to 2 years

                        http://www.aupairinamerica.co.uk/Page.asp?originx5250mh...248465z66r2540764836

                        I did not say that the previous attempt at a fiance visa would automatically disqualify her but it will be an issue if they pick up on it. Most likely they will ignore it since there is no law on point regarding this issue.

                        But if you want to help her, tell her to find a nice guy like me and let her remain as an au pair for an extra year if she is willing.

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                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">They already tried for the fiance visa but were denied because he has prior felony. </div></BLOCKQUOTE> If that's true, what makes them think that AOS will be approved? (that's a question for a young couple not immigration wizards..)

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                          • #14
                            A fiance visa can easily be refused whereas the AOS is more difficult to get refused. In fact by our laws, a convicted murderer can marry and not be denied an AOS whereas thanks to the anti-mail order bride law, IMBRA, a decent nice guy can be denied to bring his fiance to America.

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                            • #15
                              aos are not possible for most j-1. 2 year home return rule.

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