H-4 Application from a J-1 VISA

[coipa02]

Hi There

I am currently in the US on a 3 year H1-b Visa and will be getting married to my fiancee next month who is here on a J-1 Visa, working as an Au Pair.

The end date on her Visa was in August just past, but she had received confirmation that she can stay in the US to finish her current Au Pair program until next August 2017.

My question is would you recommend using an immigration attorney for the H-4 Application? I've heard that the standard H-4 application is pretty straight forward but am unsure about transferring from a J-1 to a H-4.

Also, can my fiancee stay in the US while the application is being processed or does she need to go back to her home country (Colombia) until the H-4 is approved?

Also, do we need to wait for the marriage certificate to begin the process?

There is no HRR two year requirement on the current J-1 VISA.

Thanks

[coipa02]

We now have the marriage Certificate and are currently filling out the necessary forms for the VISA transfer to a H4.

Does anyone know if she is able to stay in the US while the VISA is being approved if her status as an Au Pair ends? She plans to end the job in January so will no longer be covered by her status extension of the J1 VISA.

Thanks