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I searched on this forum, on yahoo answers, the ilw forum and various wiki and Gov't pages, but I have not been able to find a good answer.
Bottom line, I'm dating an au pair from Mexico who is finishing her stint in January and I believe that her ?J-1? Visa expires sometime in February. I'm starting to fall for her, but I feel we need more time to see if we are right for each other. I'm not certain that a K-1 Fiance visa (if she was even eligible for that) for 90 days would be enough time, but with my work schedule (evenings) and her au pair schedule (daytime), we have just not been able to spend enough time together to figure things out.
She has no idea that I am looking into this, but she's a sweet, fun girl that loves to dance salsa (it's how we met) and go on crazy, impromptu dates. She has never brought up the idea of me helping her try to stay in the US, and she is not really in love with the childcare aspect of her au pair job, so an extension doesn't seem plausible.
My IT work pays well here, and though I would not mind working in another country, it would be disingenuous of me to say that I would be comfortable moving to Mexico City to keep our relationship going--at least at this time.
Rushing a relationship just seems like a bad idea, but the thought of not seeing her again has me scrambling to figure out any sort of alternative. Thanks, in advance, for any advice, and I understand if the reality of the situation is more grim than I can hope for.
Well, you have a few options. Your girlfriend automatically gets a 30 day grace period after her J1 visa expires to get her affairs in order and travel but I'm assuming you want more time than that. As long as she doesn't have a 2-year home residency requirement, which au pairs usually don't, she can change her status from her J-1 to a B-2 which is a visitors visa which would allow her to stay for six months. She could also change to another non-immigrant visa like an F visa, which is mainly a student visa, if she wants to go to school.
To change her status she needs to file a form called I-539 preferably at least 45 days before her J visa expires. How to do this, what other forms and fees are required, etc., is in the instructions to the form. I recommend that your girlfriend reads the instructions carefully. Here is a link to the form and instructions: USCIS - I-539, Application To Extend/Change Nonimmigrant Status
thanks for the reply. I will read about the B-2 visitors visa right now. We are closing in on the 45 day window for the February time frame so I will need to act fast. ( I did note that her passport will have to be valid for that entire 6 month period per that link you posted )
This sounds like a pretty standard process, but would you recommend a good immigration attourney (though i know they can be difficult to find) to assist w/the paperwork to ensure that there are no snags?
I found a lot of info here: http://www.immigration.com/visa/b-visa/b-visa-overview
It looks like I should be able to get her a B-2 visa, but i'm not sure about converting it to a K-1 down the road would work. Also, it does not appear that she could work a part-time job(if she wanted to), but hopefully she could get a driver's permit.
None of my business but you say, "She has no idea that I am looking into this". Maybe before you start thinking about going any further, or paying $$$s for an immigration lawyer to look into the options, you should have a chat with the girlfriend first to see whether or not she feels the same way as you.
An immigration lawyer is not needed at this point.
You cannot convert a B2 to a K1 (fiance visa), because a K1 would be used to enter the country. If she gets a B2 and stays the 6 months, and you decide to marry towards the end of that time, you have two options:
- get married right away, and Adjust Status to get her a greencard. She will not be able to work (same as on the B2) or travel for a few months until that is done.
- Have her go home at the end of the B2 and you petition for her to get the K1 visa. It will take about 5-8 months to get the visa (she can visit on her B2 during it), and then you have another 90 days once she enters the USA on the K1 before needing to get married.
thanks for the reply. I will read about the B-2 visitors visa right now.
What's she gonna do without a job during that whole half month?
First, you need to find out how she feels about you. Second, if she feels strongly about you, why do you think extension her current visa with her current type of job is not possible?
Find out about the above two and then go from there.
How old are the two of you? Most of the au pairs I've known are fairly young, as in far too young to be thinking about meeting the guy of their dreams and getting married to him eventually. And has she ever expressed an interest in staying in the US permanently? Or does she ever talk about missing Mexico and her family there?
How old are the two of you? Most of the au pairs I've known are fairly young, as in far too young to be thinking about meeting the guy of their dreams and getting married to him eventually. And has she ever expressed an interest in staying in the US permanently? Or does she ever talk about missing Mexico and her family there?
Oh, and he has to make sure that she is not a Green Card digger.
STT/Timing/miu,
These are very relevant questions. First, she is quite a bit younger than I am, but she has expressed that she is not concerned about my age. She has told me from time to time that the non-stop daycare of her host familys' eight month old is driving her a little crazy, so an extension of her au pair status is not an option.
I simply wanted to find out if there were any alternatives to her leaving the country after her "job" is finished, so that we could take more time to get to know each other and make an informed, serious decision about our future together. She has talked about going home, and also expressed an interest in staying here, but not how it would happen exactly.
A legitimate concern is that she studied to be an English translation major in school, which would be a more viable occupation in Mexico than in the US--I'm not exactly sure how she can use her education here--to be frank. She is quite interested in a career and tired of the guys she has dated back home that would prefer for her to be a more traditional housewife, than to follow her dreams.
I guess think about this stuff a little too seriously, and I could see us falling in love, but then not looking into the necessary paperwork/alternatives until it was too late for us to do something about it. I'm going to have to stop believing in Rom-Coms. In all honesty, this is probably a spring-fall romance that should just run its' course and then become a wonderful memory, but I have a hard time convincing myself of that when we are together... :-(
If she is a Green Card digger, she is being very smart, and very subtle about it. There have been no obvious clues and she hasn't really thrown herself at me. She was a little concerned about my reason for dating her since she is not going to be here much longer (i.e. in it for the physical) I hope I am not foolish enough to fall for the obvious stuff, and I have been dancing on and off with her for months at a local Salsa spot. When I found out she was leaving, I asked her out. She initially declined due to her busy schedule, but then she asked me out recently, and now here we are.
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