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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
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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.
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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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
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. This reply does not create an attorney/client relationship.
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