How to keep future in U.S. wife who is on J1 Visa

[asawahs4ever 0]

Hello everyone,

I have read alot here but am still very confused, so I am hoping for clarification on how to keep my lady here with me.

I am a 39 year old U.S. citizen (born and raised) and soon to be divorced, and my girl is 37 years old from the Philipines who is a teacher here on a J1 Visa.

We met last October, three months after we both moved to the same city. She just arrived from the Philipines and I from a different city. Anyway, we could have not been a more perfect fit for each other, so much that she moved in together just one month after we started dating. A couple of bumpy roads cause by culturaal differences and 8 months later, I am wanting to know what we need to do so that when we get married next year, she won't have to leave and we can get her a green card so that we can live our lives uninterrupted with one another till death do us part.

Any help would be greatly appreciated.

Thank you in advance

[Max1gk 68]

Hi asaw,

you may follow this guide for the proper information regarding your case:

http://www.visajourney.com/content/i130guide2

[EAbbas 213]

start by looking at her j1 visa and ds2019...if it states she has to return for a two year time after completing her work here then you will need to find out if you can waive that or if that is the requirement with no waiver possible...if it doesnt say that then look deeper to see if you can get married and adjust status. Just do a lot of research first before doing anything.

[LookyWhatIFound 38]

Hello everyone,

I have read alot here but am still very confused, so I am hoping for clarification on how to keep my lady here with me.

I am a 39 year old U.S. citizen (born and raised) and soon to be divorced, and my girl is 37 years old from the Philipines who is a teacher here on a J1 Visa.

We met last October, three months after we both moved to the same city. She just arrived from the Philipines and I from a different city. Anyway, we could have not been a more perfect fit for each other, so much that she moved in together just one month after we started dating. A couple of bumpy roads cause by culturaal differences and 8 months later, I am wanting to know what we need to do so that when we get married next year, she won't have to leave and we can get her a green card so that we can live our lives uninterrupted with one another till death do us part.

Any help would be greatly appreciated.

Thank you in advance

I guess the main problem is that you are 'soon to be divorced' and not divorced, and you have to be able to marry and adjust her status before her visa expires and she has to go back.

[EAbbas 213]

so basically you have several things to address:

1. Being free to marry

2. her J1 visa and if it's subject to the two year rule back in her own country

3. marrying (once free) and adjusting status

You will need to address each one of these before you can do anything about keeping her here and adjusting status

[asawahs4ever 0]

Hey guys, thanks so much for the info.

So she does have a 2 year J1 Visa, but says she can request a 1 yr extension.

Now when we get married, would we be applying for a green card or would there be another type of Visa?

Thanks again everyone. This is scarier than I thought it would be, and that's because we have time and resources like here for help.

[Anh map 2,098]

Hey guys, thanks so much for the info.

So she does have a 2 year J1 Visa, but says she can request a 1 yr extension.

Now when we get married, would we be applying for a green card or would there be another type of Visa?

Thanks again everyone. This is scarier than I thought it would be, and that's because we have time and resources like here for help.

Does it have the 2 year home residency requirement? That is the issue, not the visa term.

Edited July 5, 2011 by Anh map

[asawahs4ever 0]

Yes it does.

Does that mean there's no way to keep her here, even after we're married?

[Anh map 2,098]

Yes it does.

Does that mean there's no way to keep her here, even after we're married?

You have to request a waiver from the agency that facilitated the visa back in her country or the embassy for her home country.

[asawahs4ever 0]

Thanks my friend, will do. So what will the waiver do, or allow us to do?

[Anh map 2,098]

Thanks my friend, will do. So what will the waiver do, or allow us to do?

You are asking to waive the home residency requirement. Without it she would have to return home and supply documentation that she has fulfilled that requirement before any visa to the US would be issued or Adjustment of Status granted.

[asawahs4ever 0]

So then if she got that waiver she could stay in the U.S. while the process is goung through it's due course. Is that what that means?

And if so, is it difficult to get that type of waiver, especially for someone from the Philipines?

[Anh map 2,098]

Here come Jim. Answer arriving soon.

[JimVaPhuong 4,863]

So then if she got that waiver she could stay in the U.S. while the process is goung through it's due course. Is that what that means?

And if so, is it difficult to get that type of waiver, especially for someone from the Philipines?

It depends on the basis for the waiver. The bases are:

1. "No Objection" letter from the Philippine government.

2. Interested Government Agency

3. Exceptional hardship

4. Fear of persecution

5. Physicians in a designated health care shortage area

The "No Objection" letter is the most common. She can request a "No Objection" letter through the Philippine Embassy in the United States. The process is covered here:

http://philippineembassy-usa.org/index.php?page=consular-services-dc/faq-dc/#j1

You can start reading about the Department of State process here:

http://travel.state.gov/visa/temp/info/info_1296.html

The process usually takes a couple of months, depending on how long it takes the Philippine government to process the "No Objection" letter request. When applying based on a "No Objection" letter there aren't really any discretionary factors involved - either she's eligible or she's not. If she's eligible then it should be approved. If she's not then it will be denied. A denial can't be appealed. One reason it could be denied is if the US government funded any of her training.

If it's approved then she can adjust status based on her marriage to you, and get a green card.

[JimVaPhuong 4,863]

Here come Jim. Answer arriving soon.

Careful! Sometimes I start to post a response and then just say "Screw it! It's gonna take me too long to research this stuff!".