Morgan Hill, CA asked in Immigration Law and International Law for California

Q: I’m going to marry my girlfriend who is an au pair. And I'd like to ask you about the marriage process.

I am currently preparing to marry my girlfriend who is au pair(she’s from another country). She arrived in the U.S. in March this year and she will stay here until March next year (along with her j1 visa). We have about 8 months until March next year, and I would like to complete the marriage process with her during this time as much as possible. However, I am worried that her hosting of the marriage process and the issuance of green cards during this time will negatively affect her au pair program. Is it irrelevant for her to get the green card and her program? Because I want her to end her program safely and live with me after it. (Additionally, I would like to know what should I start such as paperwork). Thanks.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's great that you want to marry your girlfriend and start a life together. The marriage process itself won't negatively impact her J-1 au pair program. You can proceed with getting married, but it's important to be mindful of the timing for applying for her green card.

Once you're married, she can apply for a green card, but it's best to wait until her J-1 program is closer to completion. This approach ensures that her current status isn't jeopardized and she can finish her au pair commitment without complications.

To start, gather all necessary documents like birth certificates, passports, and proof of your relationship. You’ll need to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) for her green card. Consulting with an immigration attorney can help guide you through the process smoothly and ensure all paperwork is correctly submitted.

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