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Au Pair Discussion
Reply to "Staying illegally"
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[quote=Anonymous][quote=Anonymous]I don't think it is right that she will have a problem if she gets married. Illegal immigrants get married to US citizens all the time. Pretty sure it makes them legal (after the paperwork) with no consequences.[/quote] It's my understanding that overstays are usually forgiven after marriage to a US citizen. There are just a million red flags popping up with the whole not wanting to get married "yet" and asking her to stay in the country illegally. What if he isn't ready in a year? Two? Five? She couldn't even go home to see her family. What if her parents get sick and she wants to go see them? The US would let her out, most likely even without giving her trouble (they want her out) but she'd not be able to get back in. At least legally and for a while. What if she gets sick? Caught in a traffic accident? How keen is she on getting deported? I doubt Mr. "not yet" would wait for her 3/5/10 year entry ban to end so that she can get back and they can get married. The smartest way would be to get married in her "travel month" and adjust status or for her go home at the end of her year and either apply for a K2 (fiance) visa or to get married anywhere else and then apply for a spousal (CR1/IR1) visa that allows her to come back. If they go the K2/CR1 route overstaying her J1 now might actually make her ineligible for the necessary visa (same might be true for the K2). Or, yes, she applies for a B2 (tourist) visa at the end of her J1 which will make her legal while the request is pending. However, IF she is from a visa waiver country and the B2 gets denied this will pose problems in the future. She will be inelegible for travel under ESTA for at least a while and she will have to list the denial of that B2 visa any time she applies for either an ESTA or any other type of visa in the future. Or she applies for a student visa, if she / her family can come up with the money. Is Mr. "not yet" rich enough to sponsor her? Staying illegally and working illegally or being fully dependent on somebody who isn't ready for marriage "yet" is one of the most stupid things she can do. Yes, if it all works out and they get married eventually and live on happily ever after she will (most likely) be fine. Life is not a fairy tale though. I wonder if there are statistics on how likely she will end up in an abusive relationship... It's just a very, very stupid idea. Either he is ready to commit or she goes home and they take it from there. [quote]Also, once she goes home, doesn't she have to wait at least 1-2 years to apply for another visa of some kind? [/quote] Only if the 2-year rule (two-year home-country physical presence requirement) applies to her. In which case getting married and staying would be a problem anyhow. She'd either need a waiver from her home country or have to leave and go back to her home country even after getting married. Unless she wants to get into trouble with them next time she tries to go home to visit her family.[/quote]
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