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chef_owl

J1 visa holder and married

By chef_owl in Student & Exchange Visitor Visas

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OldBritAbroad Apprentice

OldBritAbroad   15

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

You do not make it clear whether you are in the Phillipines or the USA.

 

You obviously cannot legally marry your US boyfriend until after your annulment is approved. Once that has happened, you can if in the Phillipines get married and your new husband applies for a CR-1 visa for you; if in the US you get married and you apply for Adjustment of Status. If you are in the US and your J1 visa expires before you are able to marry, you will need to return home and either get married there (CR-1 visa) or he applies for you as his fiancé (K-1 visa).

 

Best of luck to you both!

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

What help are you looking for? You cannot get married until you are legally free to marry. That will take as long as it takes. We can’t do anything to make it go faster. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, Coco8 said:

I think you can divorce in the US. I don't know much about the PHI but I know that divorce is not allowed and annulments can take a long time. If you think that divorcing in the US would be faster, then you can do that. 

Yes, that is an option too. I’m not sure how it impacts the annulment process in place now, if at all, but the US will recognize a divorce obtained anywhere (so long as it meets the requirement like due process and all that stuff).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
5 hours ago, chef_owl said:

So does that mean that I can get a Divorce in the USA even if i'm just a J1 VISA HOLDER?

Marriage and divorce in the US is a state issue. Immigration is a federal issue.

 

So as long as your state permits it, you’re fine. Some states may have residency requirements before you can file.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Coco8 Experienced

Coco8   1,039

Posted
Timeline
Posted
On 2/5/2018 at 1:30 PM, chef_owl said:

Im currently in South Carolina. My x husband wants to process our Annulment too but they need me physically for hearings and stuff..

 

If the process in the Philippines has not even started, just get divorced in the US. That annulment is going to take for ever and you can get a divorce in the US very fast.

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