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Married J-1 Visa holder - Now what?

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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!

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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

Edited by erik_23ph

Adjustment of Status Timeline from J1 Visa

05/13/2015 - Sent I-485/I-130/I-765/I-131 to USCIS.

05/18/2015 - Received I-797 NOA with Receipt Numbers.

05/25/2015 - Received Biometrics appointment letter

06/10/2015 - Biometrics Appointment done

06/15/2015 - Received RFE letter dated 6/9/15

07/08/2015 - Sent reply to RFE

07/14/2015 - USCIS confirmed receipt of our reply to RFE

07/25/2015 - I-131 AP approved

07/27/2015 - I-765 EAD approved

08/04/2015 - USCIS sent EAD/AP

08/05/2015 - Received EAD/AP approval notice
08/14/2015 - Received EAD/AP card

12/03/2015 - Interview scheduled for January 8, 2016

01/08/2016 - Interview. I-485 AOS approved

01/10/2016 - I-485 and I-130 approval notice mailed

01/12/2016 - 'New Card' was mailed

01/15/2016 - Received Green Card.

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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. ;)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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

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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 :(

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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?


Come join the Scan Date to Case Complete thread. To be added to the Scan Date to Case Complete spreadsheet, simply post your Scan Date and/or Case Complete date in the thread. You will be added to the spreadsheet which is available now.

http://www.visajourney.com/forums/topic/592291-scan-date-to-case-complete-spreadsheet/

https://docs.google.com/spreadsheets/d/1bLgqeV5tr9zHOSY5IqtYn3RURVO3C0iMBGVwUviVruk/edit#gid=0

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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

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