Fredericksburg, VA asked in Immigration Law for Virginia

Q: I am going to marry my girlfriend who is an au pair. What’s the next step in getting her to be a us citizen?

I think she will finish out her au pair job until December. I would like to get married before then to start up the process. I just need to know what to do next and how much I will need to save for this. Thank you.

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3 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: That is a very detailed discussion to address in one paragraph. Consider reaching out a professional of your choice.

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: In most cases, immigrants participating in the au pair exchange program are not subject to the two year home residency requirement but you may want to make sure of this by having your girlfriend consult with an experienced immigration attorney. IF she is not subject to the 2 year requirement, and there are no other eligibility issues (ex: criminal history) then you would want to file for "Adjustment of Status". The total USCIS filing fee for Adjustment of Status is $1,760. You can get more information on USCIS's website at www.USCIS.gov. If you hire an attorney to help you with the process, there will be an additional attorney fee (how much varies). It is worth hiring an attorney to make the process go as smoothly, quickly and worry free as possible. If you do not have sufficient funds to hire an attorney, at the least do a consultation with an attorney to make sure your girlfriend qualifies and you understand the process. Best wishes!

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: If you are a US citizen and your fiancé is not subject to the 2 your return home residency requirement (if she has a J visa), then you can sponsor her for a green card through adjustment of status after marriage. There are numerous documents and numerous forms to complete. If you are not certain on how to process the case, you should retain counsel to represent both of you from start to finish.

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