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

Hypertweeky

Hey there Neslishan!!

I was an aupair 2 years ago too!
Do me a favor.. Go check your J1 visa and make sure there is no such a thing as "2 year rule home requirement"

DCMark

I really doubt you have the 2 year rule. My wife had a J1. We made it right before that one month expired. However, what I had been told is that we could still get married after the one month period. The key things is DO NOT LEAVE THE UNITED STATES. You are technically out of status and they will not let you back into the US.

You need to get married then file for Adjustment of Status. That information is on this newsgroup.

Now if you have the 2 year rule (your J1 will say it) then this advice changes. But I doubt it.

neslihan

Hey!!!

In my passport on my visa it says :
"BEARER IS NOT SUBJECTED TO SECTION 212(E) TWO YEAR RULE DOES NOT APPLY/TRKY"

Do you still have an advice for me?

Thanks

Hypertweeky

Great!!! I didnt have the 2 year requirement either. DcMark I have a question for you..I have been told that the 2 year requirement has to do with funding. I have a friend of mine from Romania who had the 2 year requirement and went thru the same au pair agency I did. How is this possible??
As for you.. Follow DcMark´s advice.. Do not leave the US.. get married and apply for AOS (Adjustment of status)
Where are you from??

neslihan

good news, thanks..
How can I apply for AOS?
Where sould I go to apply?
If we go to get married, are they going to be able to prevent us because of my expired visa?
I'm in NY..
Neslihan

DCMark

This is your first time here so I will excuse this kind of question. But you have alot of research to do for yourself. AOS is a fairly complicated process you need to go through with the US Bureau of Citizenship (BCIS) which used to be the INS. its going to take time, money, effor and you are not going to be spood fed the information you need.

Go to the BCIS website http://uscis.gov/graphics/index.htm and read up on AOS. A lawyer will help if you cannot do this on your own, but its not needed.

Really, your fiancee, who is a US Citizen, needs to to do this research for you as its very hard if you do not speak english as your first language.

The expired visa is not a big deal as long as you do not leave the US. However, you are out of status. So if somehow the BCIS comes for you (.00001% chance) before you get married AND file for AOS, you are in trouble.

The FAQ on this page is also useful. good luck

DCMark

I have no idea. Sorry, it just seems unlikely that aupairs would have that rule. But the only way to know is to check the visa, which she did.

Hypertweeky

Thanks!!

majken

I could be wrong here, but since she has D/S on her I-94, she's not necessarily "in trouble" for being merely out of status. The relevant phrase, I think, is "unlawful presence."

neslihan

Thank you all for the responses.. They've already helped me a lot.

Two more questions:

After the marriage and applying to BCIS, during the paperwork can I work legally or register a university?

Before the total confirmation of BCIS, can I visit my home country? Is there a time limit?

Hypertweeky

Hi there again

Applicants who are inside the United States(thats you ) and have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) are eligible to apply for a work permit while their case is pending. You should use Form I-765 to apply for a work permit.
Yes you can register for college, but I dont know If you will qualify for in state tuition, it varies from state to state. Ask the college you will be going to. I wanna go to college too so I have the same problem lol.

As for traveling.. You need to obtain "Advance of Parole" which is a permission to return to the US after traveling abroad

If you do not apply for Advance Parole before you leave the country, you will abandon your application with USCIS, and you may not be permitted to return to the United States.

Here is a very helpful link to find all this information:
http://uscis.gov/graphics/howdoi/legpermres.htm

Good Luck and if you have anymore questions come back and ask!
You never told me where you are from!!

DCMark

Everything Hyper said is correct.

I think one thing people do not realize (normal non immigration folks LOL) is that the immigrant cannot leave the US while their AOS is processing without special permission. This does not seem logical but its so important.

I was coming back from Montreal and there was a family. The father was doing AOS I think. He did not get AP and the tears as he was separated from his family were heartbreaking!

Hypertweeky

Hey there DcMark!

Everytime I tell my mom about AOS,I-130´S,129´S,NOA´S,VWP,MSC,NBC,NSC, AP.. she is like.. Oh my honey.. That is bullshit LOL.. Poor mommy
As for the man that didnt apply for AP.. insert crying out loud smily here

Sarahstokesuk

Hi,

    >Yes you can register for college, but I dont know If you will qualify
    >for in state tuition, it varies from state to state. Ask the college
    >you will be going to. I wanna go to college too so I have the same
    >problem lol.

Just as a little aside from the main thread, I was looking over an application
form for Graduate School the other day (I came on K-1 and have filed AOS) and
came across the following:

Tick one....US Citizen...Greencard Holder....F1 visa holder (no other visas are
accepted)

so I basically abandoned any master's degree plans for a few years with a big
huff. My point is, I'm not sure how readily someone with AOS pending will be
accepted into college as we are in this nightmare 'grey area'. I hope I'm
wrong.

Take Care,
Sarah