Currently I'm an au pair in the US with valid J1 visa (two year rule does not apply). My boyfriend and I want to get married after I quit the agency. But quitting the agency would mean, that my visa is no longer valid and my agency would let know the department of state, that I'm no longer an au pair. My boyfriend did a lot of research and he said, that I'd be just "out of status" and that it shouldn't be an issue if we get married in the next few days after quitting the agency because this time of me being out of status would be forgiven after we submit the paperwork for my green card.
Generally, a foreign national who enters the U.S. lawfully and with inspection (such as entering with a J-1 visa), and who later becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status application process to become a Lawful Permanent Resident (to get a "Green Card"), and this is true even if the foreign national may have overstayed or otherwise violated the terms of her initial visa. The matter becomes significantly more complicated, however, if the foreign national were to be outside of the U.S. and were to be contemplating entering the U.S. with certain nonimmigrant (i.e. temporary) visas, including a J-1, in order to become married and remain in the U.S. permanently. The reason for this is that many nonimmigrant visas, including a J-1 visa, require "nonimmigrant intent," that is, an intention to remain temporarily and then return abroad after fulfilling the purpose of the initial visa. Promptly becoming married and then following-up with an application to adjust status may be viewed by immigration authorities as evidence of fraudulently having an immigrant intent when entering the U.S. with the nonimmigrant visa, and that can have very harsh immigration-related consequences. There really is no substitute for you and your fianc? to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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