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My girlfriend is currently on J-1 as an Au Pair. The situation…

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My girlfriend is currently on...
My girlfriend is currently on J-1 as an Au Pair. The situation at her host house became so unpleasant that she didn't want to stay there anymore. Now the question is both her host parent and area director are appearing to have potential to be vindictive. We are planning to fly to Vegas soon and get married, and adjust status as soon as possible after.
Some of the facts:
- She entered US legally on J-1
- We have been together for over 90 days
- I am US citizen
- She is still technically on J-1 (until next few days if she quits the program and doesn't go into rematch with another family)
- The marriage will be very soon, less than 2 weeks.
- She does NOT have a requirement to go back to her country for 2 years after her program.
Now if she were to tell her area director she does not want to rematch and quits the program. Legally she is suppose to leave the country immediately however in her passport the visa will still appear valid.
The questions:
1. If visa is terminated (but appears valid in the passport) and she has DS2019 form can she apply for adjustment of status without much complication after we marry?
2. If she quits the program and area director files that she quit and her visa is technically invalided even though it appears valid in the passport. Does the visa in the passport hold any value? Meaning from the perspective of trying to claim that we did not know the requirements and thought the visa is still valid until the expiration date if she quit the program.
3. Could the host mom/area director make things more complicated to fly to Vegas, like calling immigration services for her passport to get flagged in the airport? (nobody currently knows about the plan to marry so they wouldn't know that we are planning to fly anywhere at this moment)
Optional Question: How is the requirement of legally leaving the country executed with au-pairs who do not have the money to leave right away?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 31 minutes by:
6/10/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,419
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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None of those things do you really have to worry about if you will marry and adjust her status in the U.S. He visa is automatically invalidated as soon as she falls out of status. But luckily, I have two pieces of good news for you. First, she is not a priority for deportation even if her host family or program director contact immigration. Why? Because the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as she has no crimes in her background, her risk is very low. Here is a link and the most updated one:
http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
Second, she could be out of status (illegal) for many years and as soon as she marries a U.S. Citizen AND files the proper paperwork, she is put back into a stay authorized by the Attorney General.
After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card).
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
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