ISO good immigration attorney who knows how to address AP who is getting married?

[Anonymous]

My au pair got engaged over Xmas! Her two years with us is up soon, so no issues there. We are thrilled for her.

She is struggling with how to convert to green card. I have posted elsewhere and understand she needs some expert help. Anyone know a good immigration attorney with considerable experience doing this same issue? As an attorney myself, I am not interested in someone who has to learn the ins and outs of converting for a j1 visa to green card, and then charge an arm and a leg.

Also, anyone had this experience recently? She was going to get married in her travel month. Will that work, and if she does, I assume she can't leave the country until her green card arrives, usually about 6 months?

She is also considering the fiancé visa but it can take many months and she would be back In her country (South American) waiting.

I have also heard she could get into trouble if she gets married on her j1 visa. She doesn't want issues years from now. Eg. , her family can't get visas to visit. Anyone seen someone covert to student visa then go through this?

Thanks!

[Anonymous]

The description you are describing should be bread and butter for any immigration attorney. That's what they do for a living.
When I converted my H1 visa to a green card after marriage, I found an attorney who specialized in immigration of people from my home country. It was quite easy though expensive... it was a few thousand dollars at the time (late 90s).

[Anonymous]

I got married in my travel month . The most important thing is that you came legally into the country with a passport and did not enter illegally eg jump the boarder. She should get married here in the usa and start her papper work my immigration lawyers name is Marco Rodriquez! Best lawyer ever.

[Anonymous]

NP here, but with an AP who also got engaged on Christmas.

Does she really need an attorney? Isn't this just something they can do together by filling out the right forms and communicating directly with the department? Isn't this something that our government assists people with?

[Anonymous]

She doesn't need an attorney. Someone who is in the country legally marrying a US citizen is as clear-cut a case as it could be. There is no need for complicated arguments or search for legal loopholes. Marriage to a US citizen is one of the simplest, easiest way to adjust status. Just look it up on uscis.gov, fill out the forms, have the fiance sign and be done. Don't go with a fiancee visa program, it's cumbersome.

[Anonymous]

Anonymous wrote:She doesn't need an attorney. Someone who is in the country legally marrying a US citizen is as clear-cut a case as it could be. There is no need for complicated arguments or search for legal loopholes. Marriage to a US citizen is one of the simplest, easiest way to adjust status. Just look it up on uscis.gov, fill out the forms, have the fiance sign and be done. Don't go with a fiancee visa program, it's cumbersome.

14:49 here thanks for the info and reassurance.

[Anonymous]

Does her J visa have a two-year home residency requirement? If it does she will need to get a waiver before she can get a green card.
If not, then just have her go to the USCIS website, get the forms and apply. She will have to get married first to adjust her status, but it is a straightforward process and quick.
No need for a lawyer unless she has overstayed or has some other complications.
The only thing with the J visa is to make sure there is no two-year return clause.

[Anonymous]

Anonymous wrote:

Anonymous wrote:She doesn't need an attorney. Someone who is in the country legally marrying a US citizen is as clear-cut a case as it could be. There is no need for complicated arguments or search for legal loopholes. Marriage to a US citizen is one of the simplest, easiest way to adjust status. Just look it up on uscis.gov, fill out the forms, have the fiance sign and be done. Don't go with a fiancee visa program, it's cumbersome.

14:49 here thanks for the info and reassurance.

Well, I am the op and have concluded that she does need some basic advice. Not someone to file her forms but some advice. I have Learned from well informed sources that if she gets married and stays she could have issues down the road, especially if her family wants to visit her on a visa. To strictly comply, she needs to go home per her visa requirements and then apply for a fiancée visa. Yes some people get married right before their visa and it works out fine. But you never know. She wants to do it right. Life is long. Plus she wants to visit her family in the next couple of months.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:She doesn't need an attorney. Someone who is in the country legally marrying a US citizen is as clear-cut a case as it could be. There is no need for complicated arguments or search for legal loopholes. Marriage to a US citizen is one of the simplest, easiest way to adjust status. Just look it up on uscis.gov, fill out the forms, have the fiance sign and be done. Don't go with a fiancee visa program, it's cumbersome.

14:49 here thanks for the info and reassurance.

Well, I am the op and have concluded that she does need some basic advice. Not someone to file her forms but some advice. I have Learned from well informed sources that if she gets married and stays she could have issues down the road, especially if her family wants to visit her on a visa. To strictly comply, she needs to go home per her visa requirements and then apply for a fiancée visa. Yes some people get married right before their visa and it works out fine. But you never know. She wants to do it right. Life is long. Plus she wants to visit her family in the next couple of months.

Thank for the info, OP. I will talk to her about it. I appreciate your coming back and providing this.

[Anonymous]

JustNeighbors or Hogar in Falls Church.

For private attorney, Calderon Seguin law firm in Fairfax.

[Anonymous]

She doesnt need an attorney unless she wants to spend money.

I got married during my travel month, filled out papers the day after we got married (i know very soon!) and 5 months later I was a Green Card holder. Just few months ago I received citizenship! 5 years later we are still married with a beautiful daughter and baby boy on a way

[Anonymous]

Congrats PP!

But with all due respect, your experience is 6 years old. They are cracking down on the rules, and technically you were supposed to go home and fulfil you visa requirement and then come back.

But good for you and enjoy the baby.

[Anonymous]

Anonymous wrote:
Well, I am the op and have concluded that she does need some basic advice. Not someone to file her forms but some advice. I have Learned from well informed sources that if she gets married and stays she could have issues down the road, especially if her family wants to visit her on a visa. To strictly comply, she needs to go home per her visa requirements and then apply for a fiancée visa. Yes some people get married right before their visa and it works out fine. But you never know. She wants to do it right. Life is long. Plus she wants to visit her family in the next couple of months.

OP, this is incorrect. As long as she is in valid status, she can get married and adjust her status. Actually, even if she's out of status, she can get married and adjust. Marriage to a US citizen is THAT powerful as an immigration avenue.

There won't be issues down the road with regard to family visitation. Her family's visits will be adjudicated based on their circumstances when they apply for a tourist visa.

If SHE wants to visit her family in the next couple of months, she can't. If you file for adjustment of status, you CANNOT leave the country unless you have a travel document/advance parole, and that generally takes more than a couple of months.

Advise her that if she leaves and applies for a fiancee visa, it will be many, many months before she sees America again. Fiancee visas take a loooong time to process. It's must easier to marry and adjust status within the US. This is not about "doing it right" because there is nothing wrong with adjusting from within the US. She is free to marry and adjust status. That's not illegal.

J-1 visas do not come with the 2-year home country residency requirement unless her stay here is sponsored by her or the U.S. government (this typically applies only to fellowship holders like Muskie etc.) Her visa stamp in her passport will be clearly annotated if this requirement applies to her. If there is no notation, it does not apply.

NOTE: if the 2-year residency requirement is attached to her visa, marriage to the U.S. citizen WILL NOT lift it. Waiver of 2-year residency under J-1 requires a special petition and waiver, which is not easy to get.

[Anonymous]

Anonymous wrote:Does her J visa have a two-year home residency requirement? If it does she will need to get a waiver before she can get a green card.
If not, then just have her go to the USCIS website, get the forms and apply. She will have to get married first to adjust her status, but it is a straightforward process and quick.
No need for a lawyer unless she has overstayed or has some other complications.
The only thing with the J visa is to make sure there is no two-year return clause.

Her visa stamp will be thus annotated if the 2-year residency requirement applies. If not, not.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Well, I am the op and have concluded that she does need some basic advice. Not someone to file her forms but some advice. I have Learned from well informed sources that if she gets married and stays she could have issues down the road, especially if her family wants to visit her on a visa. To strictly comply, she needs to go home per her visa requirements and then apply for a fiancée visa. Yes some people get married right before their visa and it works out fine. But you never know. She wants to do it right. Life is long. Plus she wants to visit her family in the next couple of months.

OP, this is incorrect. As long as she is in valid status, she can get married and adjust her status. Actually, even if she's out of status, she can get married and adjust. Marriage to a US citizen is THAT powerful as an immigration avenue.

There won't be issues down the road with regard to family visitation. Her family's visits will be adjudicated based on their circumstances when they apply for a tourist visa.

If SHE wants to visit her family in the next couple of months, she can't. If you file for adjustment of status, you CANNOT leave the country unless you have a travel document/advance parole, and that generally takes more than a couple of months.


Advise her that if she leaves and applies for a fiancee visa, it will be many, many months before she sees America again. Fiancee visas take a loooong time to process. It's must easier to marry and adjust status within the US. This is not about "doing it right" because there is nothing wrong with adjusting from within the US. She is free to marry and adjust status. That's not illegal.

J-1 visas do not come with the 2-year home country residency requirement unless her stay here is sponsored by her or the U.S. government (this typically applies only to fellowship holders like Muskie etc.) Her visa stamp in her passport will be clearly annotated if this requirement applies to her. If there is no notation, it does not apply.

NOTE: if the 2-year residency requirement is attached to her visa, marriage to the U.S. citizen WILL NOT lift it. Waiver of 2-year residency under J-1 requires a special petition and waiver, which is not easy to get.

Are you an immigration attorney?