I'm in the U.S as an Au Pair right now but my Visa is going to expire in the end of april.
I was wondering which kind off options I have to stay here.
I already extended the J1 so its my 2nd year. Originally I'm from Germany.
I was thinking about getting married with my boyfriend but also wondering how this would work with all the papers. Should I do the papers before marriage or after.
Because I heard you are not legal to work right after you got married you need to fill paperwork out and wait around 6month.
I hope you can help me
There are not enough facts here to answer the question. If your boyfriend is a US citizen and you marry him, you would be able to stay and do the whole process here. If your boyfriend is not a US citizen, then you would not.
Whether there are other avenues to immigration would depend on your educational background and whether an employer would be willing to petition you.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
Marrying is only a good idea if you want to be married to the person who is filing your immigrant visa petition. I've seen new marriages turn sour with all the pressure of the green card process, which ruins both the relationship and the chance at US residency.
Also, beware of the J visa 2 year home residency requirement. It might apply in your case. If it applies you'll need to obtain a waiver of the 2 year home residency requirement. This is not easy.
If you are eligibile to adjust status, the employment authorization document usually arrives within 12 weeks.
You can overstay your J-1 and still apply for a green card through a marriage to a US citizen. The process is very quick--right now it takes only about 3 months to get a green card through a marriage. There is no penalty for overstaying provided that your J-1 is not subject to the two-year foreign residency requirement. Please call to discuss.
Get free answers from experienced attorneys.
28,405 answers this week
3,070 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary