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How to stay in the US. Should I merry my bf?

Concord, CA |

Hey,

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

Attorney Answers 5

Posted

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.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

I agree with my colleague.

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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Posted

If you and your boyfriend get married and he sponsors you for a green card, you will get a work permit in 90 days.

Before you get married, you should watch the following video (link below).

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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4 comments

J Charles Ferrari

J Charles Ferrari

Posted

Assuming your boyfriend is a US citizen

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Correct

Asker

Posted

yes

Asker

Posted

Do you think marriage is the easiest/best way to stay?

Posted

Good questions.

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.

Good luck!

(415) 871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.

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Posted

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.

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