From J-1 to Green Card

[salika 0]

I dread figuring out how to apply from a green card from here, especially because I am a student and we don't have much money and don't have a co-sponsor at the moment.

I can answer that question... Unless the person is living in the USA there is no trying to figure out how to apply for a greencard from there....

Right. You petition for a CR1 visa and receive a green card after entering with its use or you petition for K3 and adjust status after entering.

As somebody else already mentioned, your husband may well not get a J1 visa now because he is married to you, a US Citizen and is presumed to have immigrant intent. Unless he has a currently valid J1 visa, you don't have a J1 husband. You have a husband with no visa, no right to enter teh US and who is most likely ineligble for a J1 visa.

Now you're scaring me, so now that I am married to my husband, he can't even get his J-1 visa? It looks like we really messed things up, what if we don't get the CR1 or K3 on time, and then he can't go to his summer job? This is really worrying, my husband does not have a currently valid J1 visa, we just assumed it would be as easy as last time we applied, it only took a day to get his visa, I didn't realize our being married would effect the process :-(.

In that case, did you marriage ruin our chances of an easy immigration process? This is bad news indeed.

If we have to go the K-1 or CR1 way, which one is easier and quicker?

I think we're all trying to be as kind and gentle with you as we can but it is extremely important that you start studying the process and taking notes. K1 is for a fiance. Your options are K3 and CR1. Both options require overcoming the sponsorship issues you mentioned earlier.

The K3 is generally faster for entry to the US but does not allow him to work until you file to adjust status and for EAD (Employment Authorization Document). EAD takes a minimum of three months. Since he already has a SSN, the CR1 visa would allow him to begin work upon US entry. (Others need to wait a month or so for their SSN)

Earlier you mentioned filing for the CR1 visa directly with the Consulate in Egypt. (DCF) However, in another thread, we discussed the fact that you may not qualify as a resident for filing purposes. You'll need to verify that. If you do qualify, then DCF for CR1 is definitely your best bet by far.

Caution: When you contact the Consulate about your qualifications, make certain you disclose all the information about your entry and status in Egypt or compare all your facts to their requirements. So far, you've been playing fast and loose with some very important details. All the pieces of the puzzle must fit together.

I do admire your tenacity.

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

[salika 0]

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

Sorry, another really stupid question. Would it be beyond stupid to consider getting a divorce with my husband and then getting remarried in the US? It's super easy for a man to get a divorce in Egypt... Would this be considered fraud? Would this work to make life easier? Sorry if this is a really dumb and maybe naive question, I'm just trying to figure out how to make this work.

[pushbrk 13,116]

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

Sorry, another really stupid question. Would it be beyond stupid to consider getting a divorce with my husband and then getting remarried in the US? It's super easy for a man to get a divorce in Egypt... Would this be considered fraud? Would this work to make life easier? Sorry if this is a really dumb and maybe naive question, I'm just trying to figure out how to make this work.

I have no comment on the divorce issue except that it cannot be hidden. You'd be petitioning for the person you must show proof you just divorced.

As for the "fast and loose", I know its unintentional but you must now begin intentionally doing otherwise. In another thread you referred to a "J1 husband" and in this one "adjusting from J1". Your husband doesn't have a J1 visa. You also didn't make critical circumstances clear up front, like the fact that you are now both in Egypt, not the USA. You didn't understand how critical those facts were but you must begin being very clear in all your communications regarding these matters as well as carefully studying and literally interpreting all instructions on all forms. For instance you must literally interpret words like "income" so as to avoid concluding money saved in a bank account is the same thing as "income". No fast and loose; no convenient interpretation; just literal and precise.

Failure in these areas will get you wrong answers to your questions, such as you've seen corrected here, like "Oh, you're not in the USA now. That changes my answer." or, "Oh, he doesn't have a J1 visa now. That means he probably won't get one either." What I don't want to have happen to you is to have your DCF submission rejected because "all my information" was not really all your information, so you got the wrong answer from the Consulate in Cairo.

[athena_ny 1]

Hello,

Sorry about writing K1, that was just a typo, I realize its K3. I'm still waiting to hear from the US Embassy in Cairo if I am allowed to file from here, I gave them all of my information and hope they'll respond soon, I'll let you know once I hear from them.

It seems we must apply for the CR-1 since he'll have to start his summer job in early June and can't wait around three months doing nothing. He has a contract. This process seems so difficult, it seems I may have to retain a lawyer to help us out since I will be doing all the paperwork from Egypt. I'm working on getting a sponsor and hope will have one soon.

Also, could you please clarify how "I've been playing fast and loose with some very important details." It may be completely unintentional as I have no reason to lie in this forum, besides it's anonymous. I would like to know what facts have problems so I can make sure I don't make any mistakes at the embassy or USCIS.

Sorry, another really stupid question. Would it be beyond stupid to consider getting a divorce with my husband and then getting remarried in the US? It's super easy for a man to get a divorce in Egypt... Would this be considered fraud? Would this work to make life easier? Sorry if this is a really dumb and maybe naive question, I'm just trying to figure out how to make this work.

I have no comment on the divorce issue except that it cannot be hidden. You'd be petitioning for the person you must show proof you just divorced.

As for the "fast and loose", I know its unintentional but you must now begin intentionally doing otherwise. In another thread you referred to a "J1 husband" and in this one "adjusting from J1". Your husband doesn't have a J1 visa. You also didn't make critical circumstances clear up front, like the fact that you are now both in Egypt, not the USA. You didn't understand how critical those facts were but you must begin being very clear in all your communications regarding these matters as well as carefully studying and literally interpreting all instructions on all forms. For instance you must literally interpret words like "income" so as to avoid concluding money saved in a bank account is the same thing as "income". No fast and loose; no convenient interpretation; just literal and precise.

Failure in these areas will get you wrong answers to your questions, such as you've seen corrected here, like "Oh, you're not in the USA now. That changes my answer." or, "Oh, he doesn't have a J1 visa now. That means he probably won't get one either." What I don't want to have happen to you is to have your DCF submission rejected because "all my information" was not really all your information, so you got the wrong answer from the Consulate in Cairo.