Q: I'm going to marry my girlfriend who is an au pair. She's from Ecuador she's in her 1 year.
can we get married in this year or what happen if she extend for a second year and in the second year we get married and I'll apply for give her a temporally green card, which one is the best option?
how long takes the process?
what happen if she extend for a second year and when it finishes, we get married and we still don't have an answer about the papers, it suppose that she needs to come back to her country or can she stay without a status waiting for the papers?
A: Congratulations on your decision to get married. Based on your initial questions your best option may be to get married and proceed with her adjustement of status petition in the United States. While her application is pending she will be eligible for a work permit. Transitioning from au pair status to a green card is a complex process. I highly recommend that you schedule a paid consultation with an attorney if you wish to have the best chance for an approval.
A: A US citizen can sponsor a foreign national provided they entered the United States with permission, even though they fall out of status. If your fiancé entered the country on a J visa, then if that visa is subject to the two-year home return requirement, then she will have to return to her country for a period of two years. If the J visa is not subject to the two-year home residency requirement, then you can proceed to file an adjustment application after you get married. Counsel in any state can represent you and some of us charge a flat fee to handle these cases from start to finish. As with all cases, you should not take any legal action until and unless you consult with an attorney. Congratulations on your upcoming wedding plans.
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