Austin, TX asked in Immigration Law for Texas

Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in my passport? And can i still work as an Au pair until my second year is over even though we apply for a green card?

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2 Lawyer Answers
James L. Arrasmith
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A: Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name changes in your passport. It's essential to update your name on all your documents, but the visa itself doesn't need to be reissued solely because of a name change. You should carry documentation of your name change when traveling.

You can continue to work as an Au Pair until your J1 visa expires, even while applying for a green card. Just ensure all your paperwork is in order, and you follow the proper procedures for status adjustment.

A: If your J1 is not subject to the two year return home condition then you can adjust status after marriage to a US Citizen. The difference between minor name distinctions on your documents is not significant.

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