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Are they required to return for 2 yrs if they marry a US Citizen? Will getting married make them legal? Been dating over a year and would like to continue our relationship by getting married. Worried about getting married and having partner leave becasue of certain restrictions. Any help would be GREATLY appreciated.

2007-03-12 07:57:37 · 5 answers · asked by Anonymous in Politics & Government Immigration

That is what I'm trying to figure out do au pairs fall under the 2 yr return policy? I can't find this answer anywhere. I can't afford to pay an immigration attourny right now....was hoping to find on on here or someone who was in the same boat to give me a quick answer.

2007-03-13 03:04:24 · update #1

5 answers

A J-1 visa holder is only subject to the two-year rule if he or she was sponsored by either his/her own or the US government.

Both the visa itself and the DS-2019 will indicate if the visa holder is subject to the two-year rule: it is written right on the visa and on the form. If so, it is very difficult to get a waiver; if not, have a happy honeymoon!!

2007-03-13 07:49:51 · answer #1 · answered by dognhorsemom 7 · 0 0

You need to figure out whether the J-1 has a two year home country requirement. Sometimes this information can be found on the visa itself. My guess is that for an au-pair there is probably no home country requirement, but that is just a guess.

This is one of those situations you don't want to take advice from people on the internet. Please talk to an immigration attorney before tying the knot!

2007-03-12 19:59:39 · answer #2 · answered by Pickles 2 · 0 0

Yes an Au Pair can be subject to the 2 Year Rule, but it depends on each case. Your visa stamp should tell you if the 212(e) rule does apply. Many times the DS-2019 isn't stamped at all, but that's another place you can check. You can apply for a waiver here: https://j1visawaiverrecommendation.state.gov/.

2007-03-13 05:55:43 · answer #3 · answered by hotdoggiegirl 5 · 0 0

If there is a 2 year home-stay requirement, marrying a citizen does not end it. There are ways to bypass the home-stay, but they all involved work (such as working in an undeserved area for five years if you're a doctor).

2007-03-12 08:07:43 · answer #4 · answered by JB 4 · 0 0

whooa!
good for u for tossin out the wife!
hope the kiddies didn't mind

2007-03-12 08:00:53 · answer #5 · answered by Anonymous · 0 1

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