Charlottesville, VA asked in Employment Law, Immigration Law, Civil Rights and International Law for District of Columbia

Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as she finishes contract and start the paperwork. But she is worried about her staying a week here to do all of that after her last day working. She has to show the company a plane ticket back to her country. Is there any problem if she doesn’t take the plane back home? Will immigration contact the au pair company or the family after she stays or the plane ticket day passes? We do not want them to know anything.

1 Lawyer Answer

A: Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

1 user found this answer helpful

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