Q: whats if my status when I was on J1 (aupair) got married . filled in i-130 but still collecting documents for i-485 ?
IF aupair gets marries her J1 Visa gets canceled. Am I illegal in the country during that period when I wait for my i-130 to be accepted? I still have 3 month left on my Visa in my passport ( but its gets canceled after I get married as I figured ) So Visa in my passport is not valid anymore ? What is my status in period when:
- Im waiting for my i-130 to be accepted
- When my i-130 got accepted ,but Im still collecting my documents to file i-485?.
Am I illegal in the US during these two periods?
A: You should consult with a competent immigration attorney. Many J-1 programs carry with them a 2-year return residency requirement, making adjustment of status not possible without a waiver. Au pair programs, however, typically do not have a 2-year return residency requirement, making adjustment of status a possibility. Take note also that when one is eligible for adjustment of status and is married to a U.S. Citizen, concurrent filing of the I-130 and the I-485 is possible. With the filing of the I-485, an application for (temporary) employment authorization may also be filed. Consult with a competent immigration attorney, but you likely did not need to wait to file your adjustment application until after your I-130 gets accepted.
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