Married J-1 Visa holder - Now what?

[ssssylee 0]

Hi Everyone,

Here's my current situation, hopefully you guys can offer some insight on what I should do:

1. I am holding an expired J-1 with 2HRR - I requested for a waiver based on NOS and received approval last week; will be cleared next week

2. Married my boyfriend who is American

3. Left the U.S. to come home to Malaysia because of (1.)

4. Compiled documents for the I-130 and will submit this week.

Right now I'm not sure if I can proceed with applying for a visa and/or which visa to apply for. I'd like to be back in the US as soon as possible so any help would be greatly appreciated,

Thanks!

[Penguin_ie 5,984]

Well, first your husband will sent the I-130 petition. Later, you will be applying for a CR-1 spousal visa; we have a Guide here that shows what paperwork needs to be sent when: http://www.visajourney.com/content/i130guide1

Unfortunately, there is nothing quick about the visa process- you are looking at a year or maybe more from filing to interview.

[BaronB 42]

Wait, are you enrolled to study in the US?

Your case is unique. IF I WERE YOU AND MY ANSWER TO THE QUESTION ABOVE WAS "YES" THEN I WOULD SPEAK TO LAWYER.

Edited May 6, 2015 by BaronB

[Merrytooth 5,748]

Penguin_ie is correct.

CR1 path is the way to go.

[erik_23ph 12]

You can start the application as soon as possible as visa processing could take long time to process.

Edited May 6, 2015 by erik_23ph

[NikLR 13,220]

You can start the application as soon as possible as visa processing could take long time to process.

I think you mean start the petition.

[ssssylee 0]

Wait, are you enrolled to study in the US?

Your case is unique. IF I WERE YOU AND MY ANSWER TO THE QUESTION ABOVE WAS "YES" THEN I WOULD SPEAK TO LAWYER.

My visa wasn't for study - it was an internship visa for a cultural exchange. We've spoken to a lawyer who told us currently we are on the right path but would not elaborate further without a retainer. Full disclosure, we don't really have the money to have one at this point in time so we're trying to see if we can manage it ourselves

[ssssylee 0]

Well, first your husband will sent the I-130 petition. Later, you will be applying for a CR-1 spousal visa; we have a Guide here that shows what paperwork needs to be sent when: http://www.visajourney.com/content/i130guide1

Unfortunately, there is nothing quick about the visa process- you are looking at a year or maybe more from filing to interview.

Thank you for your response - I was under the impression that after the i-130 was approved I would be able to go back (As stated in the in the instructions for applying for a I-130 on the UCIS website -"When petition is approved for the spouse...of a United States citizen, these personas are classified as immediate relatives. They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit.") . I did not realise approval would take a year....I guess it's just going to be skype sessions for a while

[Penguin_ie 5,984]

Thank you for your response - I was under the impression that after the i-130 was approved I would be able to go back (As stated in the in the instructions for applying for a I-130 on the UCIS website -"When petition is approved for the spouse...of a United States citizen, these personas are classified as immediate relatives. They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit.") . I did not realise approval would take a year....I guess it's just going to be skype sessions for a while

The quote is correct, but being processed immediately simply means there are no numerical limits to visas being issues- for some family visas, there are waits for 10 or up to 23 years.

[Penguin_ie 5,984]

*** one unhelpful post removed. Post constructively or do not post. *****

[Ryan H 3,790]

**Post violating the TOS (advocating fraud) removed.**

[grad_student 11]

Hi Everyone,

Here's my current situation, hopefully you guys can offer some insight on what I should do:

1. I am holding an expired J-1 with 2HRR - I requested for a waiver based on NOS and received approval last week; will be cleared next week

2. Married my boyfriend who is American

3. Left the U.S. to come home to Malaysia because of (1.)

4. Compiled documents for the I-130 and will submit this week.

Right now I'm not sure if I can proceed with applying for a visa and/or which visa to apply for. I'd like to be back in the US as soon as possible so any help would be greatly appreciated,

Thanks!

What is NOS?

[ssssylee 0]

What is NOS?

No Objection Statement

[Judy Ann 3]

I am also J1 married to my husband for a year already. Send i130 application when it's approve you can start the cr1 visa application. there's no short cut its a step by step process unless you have a valid reason for your case to be expedite. So if I were you start filling up the form and gather all requirements.

You can check my timeline on how long it take to process cr1