How do we properly switch my fiancée from her j-1 Visa to a marriage-based Green Card

[Erik Knapp]

My fiancée came to the US about two months ago from the Czech Republic as a J-1 Au Pair. I proposed to her just recently, and she's interested now in quitting her Au Pair program so we can marry, and continue with her paperwork. My questions are as follows:

1. When she quits the agency, she will technically be out of status and unmarried for 1-3 days until she arrives in my town and we can marry. Is this an issue?

2. Am I correct in my understanding that once we are married, but before we submit our Green Card paperwork, she is considered out-of-status? But, when we submit the paperwork, her time spent out-of-status is forgiven?

3. If I am correct in thinking that, how long do we have to submit the paperwork after we are married and she is considered out of status but still residing in the US?

4. Can she translate her own Czech paperwork, or should we hire a Translator?

Useful Info:
- She is NOT subject to the 2-year residency req.

Thanks!

[newacct]

You are a US citizen, right?

1. No
2. Yes. Whether she is out of status or how long she is out of status is not relevant to her Adjustment of Status application
3. There is no limit. Meaning, she could wait for an indefinite amount of time and still be eligible to file (assuming she hasn't been deported)
4. I believe anyone can translate as long as they swear they are fluent in Czech and English; not totally sure

[Erik Knapp]

You are a US citizen, right?

1. No
2. Yes. Whether she is out of status or how long she is out of status is not relevant to her Adjustment of Status application
3. There is no limit. Meaning, she could wait for an indefinite amount of time and still be eligible to file (assuming she hasn't been deported)
4. I believe anyone can translate as long as they swear they are fluent in Czech and English; not totally sure

Yes, I am a US Citizen, apologies for not mentioning that.

Also, you said "...she could wait for an indefinite amount of time and still be eligible to file (assuming she hasn't been deported)"

What would cause her deportation? Is she fine as long as she is in good standing? (Meaning she doesn't commit any criminal acts, attempt to leave and re-enter the country, etc.)

Thanks for the help.

[newacct]

What would cause her deportation? Is she fine as long as she is in good standing? (Meaning she doesn't commit any criminal acts, attempt to leave and re-enter the country, etc.)

It's highly unlikely that someone who just falls out of status for a short time will be put into deportation. But who knows. If she gets in trouble with the police or something (even if she didn't do anything wrong), depending on the state, that may lead to things. If she travels through one of those CBP checkpoints within 100 miles of the border, she could get caught. It's a good idea to file as soon as you can.

[Erik Knapp]

It's highly unlikely that someone who just falls out of status for a short time will be put into deportation. But who knows. If she gets in trouble with the police or something (even if she didn't do anything wrong), depending on the state, that may lead to things. If she travels through one of those CBP checkpoints within 100 miles of the border, she could get caught. It's a good idea to file as soon as you can.

We definitely plan on filing as soon as we can regardless, again, thanks for all the extra information! One last question; when she falls out of status and travels to be with me the same day or the day after, will that cause an issue at the airport for her? She would be flying from Dallas to Ohio, if that helps.

[newacct]

We definitely plan on filing as soon as we can regardless, again, thanks for all the extra information! One last question; when she falls out of status and travels to be with me the same day or the day after, will that cause an issue at the airport for her? She would be flying from Dallas to Ohio, if that helps.

Shouldn't be any problems. First of all, one does not generally run into any immigration checks inside the US (and Dallas is more than 100 miles from the border). But in case she runs into some wannabe-cop TSA officer who thinks it's their job to give foreigners a hard time, it still shouldn't be a problem because whether she has just gone out of status or not is not apparent from looking at any documents she would have. J1 status lasts indefinitely as long as she has a valid DS-2019 and is in good standing.

[Erik Knapp]

Shouldn't be any problems. First of all, one does not generally run into any immigration checks inside the US (and Dallas is more than 100 miles from the border). But in case she runs into some wannabe-cop TSA officer who thinks it's their job to give foreigners a hard time, it still shouldn't be a problem because whether she has just gone out of status or not is not apparent from looking at any documents she would have. J1 status lasts indefinitely as long as she has a valid DS-2019 and is in good standing.

Thanks again! Seems like all of my questions I can think of have been answered, but if anything else arises I'll post it here for advice. Much appreciated.