Son wants to marry a South African citizen here on a J-1 visa. She has about 65 days before she has to leave. UPDATE

Asked 11 months ago - Seattle, WA

Son wants to marry a South African citizen here on a J-1 visa. She has about 65 days before she has to leave.

Asked about 1 month ago - Seattle, WA

•Family Immigration
•Family Law
•Family Visa
•Immigration
•J-1 Visa
•Marriage Visa
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What can they do (or have to do) for her to remain in the US?

Additional information
My son is a citizen, she is on a J-1 au pair visa with a 2 year residency requirement. Also she said she was on a 90 extension already and must leave the first week of Sept. This has come up rather suddenly.

Update: So... what I have found out is; Her visa says(has) annotation N0008806479. Bearer is not subject to section 212(E). Two year rule does not apply. P-4-06027 Her visa expired in March and she is on a 6 months extension through the Au pair service. She has a reservation(flight) to leave to South Africa (home) on the 6th of September. He has asked her to marry and wants to know whether they need to marry now and what to do in order for her to get or retain "legal" status, and what exactly that entails?? And should she stay in the US until she has legal status? (Which seems to be the general consensus) Thank you (in advance) for your help.

Additional information

Thank you all for your input. She will be back a week from Monday. We will be able to move forward then. Do any of your answers have anything to do with the "fiancé visa" status?
Thank you all again.

Attorney answers (5)

  1. Chong Hae Ye

    Pro

    Contributor Level 15

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    Answered . She enter the US legally so she doesn't have to return to her country for consular processing, she can adjust status here. As soon as she is married to your son, your son should file I-130 and I-485 concurrently. If she wants to work or travel prior to receiving her green card she must file EAD and advanced parole at the same time or soon after. If everything is fine, she will be getting her green card in 3-4 months after the application. If your son is ever unsure about the process, he should contact an immigration attorney.

    The information on this website is not intended to be legal advice.
  2. Giacomo Jacques Behar

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    Contributor Level 20

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    Answered . None of the details you are citing really matter or make any difference. No au pair is ever subject to the 2 year home residency requirement. Whether or not her status expires does NOT matter. The only thing she needs to prove is her lawful admission into the country, which she has. All they need to do is get married and then your son has to sponsor her for a marriage-based green card here in the US. If done correctly, within 2-3 of filing she'll be receiving her employment authorization card and Advance Parole travel document and within barely 4 months or so from filing receipt they will both be called for the interview at USCIS. If everything goes well, your future daughter in law will have a green card in her pocket within a mere 4 months after filing.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Enrique Felix Mesa Jr.

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    Contributor Level 11

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    Answered . From the information provided, it appears that she may adjust here in the USA. Please note that immigration law is very tricky & an immigration lawyer should be consulted, especially given the limited time frame to file.

    Our offices are located in Manchester, NH, but we practice nationwide.

    Enrique Mesa, Esq.
    15 Stark Street
    Manchester, NH
    603-296-2222

    Phone: 603-296-2222; Email: LawServeAtty@aol.com. LawServe - 15 Stark St., Manchester, NH. The information... more
  4. Barbara A Marcouiller

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    Answered . Please work with an attorney from this point. It will be much easier, and you don't want to make mistakes. For example, it will take very much longer and be more expensive if she leaves. Because she entered lawfully and is applying as the spouse of a US citizen, she can go it here without leaving even if her current status expires. But! Make sure to have an attorney review the entire history to see if there may be any other issues.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  5. Theodore John Murphy

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    Contributor Level 20

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    Answered . They can marry now and apply for her immigrant visa and permanent residency as soon as they marry. She will not have to leave the US.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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