neslihan

Hi,

My visa is J1 / DS (as an au pair). I completed the one-year au pair program on November 18 2003. According to au pair agency agreement, I had the right to stay in the US for one more month, and I stayed. My return ticket to my home country was on December 15 (yesterday), however I changed my mind to stay in US with my boyfriend (at the last minute

Now I need advice about how to stay legally.

As I understood from the forums, extending my visa is impossible.
And I must be too late to change it to another (such as F1) visa.

Then is getting married the only choice?

If yes, how does expired visa affect our marriage plan?

Am I going to be asked to go my country and wait until the
paperwork process done?

Thanks in advance..
Neslihan

Thehelper

"neslihan" <member18985@british_expats.com> wrote in message
news:[email protected]...
    > Hi,
    > My visa is J1 / DS (as an au pair). I completed the one-year au pair
    > program on November 18 2003. According to au pair agency agreement, I
    > had the right to stay in the US for one more month, and I stayed. My
    > return ticket to my home country was on December 15 (yesterday), however
    > I changed my mind to stay in US with my boyfriend (at the last minute

haha, at the last minute you say? one more person getting greencard
through the fraudulent marriage

majken

You should research what DS means. From what I understand, you are out of status but not incurring unlawful presence until an IJ or the USCIS determines you to be doing so. That means that you are not "overstaying" since there is no fixed date on your I-94 (it is DS, right?). Someone can correct me here, but that also means that the clock to the 3/10 year bars haven't started ticking either. That is, until an IJ or the USCIS determines that you are now unlawfully present in the US.

You'll have to consult with an attorney regarding changing to F1. Personally, I think one of the worst reasons for getting married is just so you can stay here longer. But that's none of my business.

Jozef

"majken" <member11693@british_expats.com> wrote in message
news:[email protected]...
    > You should research what DS means. From what I understand, you are out
    > of status but not incurring unlawful presence until an IJ or the USCIS
    > determines you to be doing so. That means that you are not
    > "overstaying" since there is no fixed date on your I-94 (it is DS,
    > right?). Someone can correct me here, but that also means that the
    > clock to the 3/10 year bars haven't started ticking either. That is,
    > until an IJ or the USCIS determines that you are now unlawfully present
    > in the US.

That is correct.

    > You'll have to consult with an attorney regarding changing to F1.

Changing status inside the US is only possible if one maintained valid
status. Unless she files an application by tomorrow she will have to apply
for an F-1 visa in her home country.

    > Personally, I think one of the worst reasons for getting married is just
    > so you can stay here longer. But that's none of my business.
    > Originally posted by neslihan
    > > Hi,
    > > My visa is J1 / DS (as an au pair). I completed the one-year au pair
    > > program on November 18 2003. According to au pair agency agreement, I
    > > had the right to stay in the US for one more month, and I stayed. My
    > > return ticket to my home country was on December 15 (yesterday),
    > > however I changed my mind to stay in US with my boyfriend (at the last
    > > minute
    > > Now I need advice about how to stay legally.
    > > As I understood from the forums, extending my visa is impossible.
    > > And I must be too late to change it to another (such as F1) visa.
    > > Then is getting married the only choice?
    > > If yes, how does expired visa affect our marriage plan?
    > > Am I going to be asked to go my country and wait until the
    > > paperwork process done?
    > > Thanks in advance..
    > Neslihan
    > --
    > Posted via http://britishexpats.com