Going from married to green card

[asawahs4ever 0]

Hello everyone, this place is mind boggling with all the information and because of that I was hoping one of you guys could make it simple for me.

My fiancee is here on a J-1 VISA (teacher student exchange) and her last year of eligibility will be June of 2013. We've been together for over a year now and she lives with me here in Houston.

She is going to be divorcing her husband back in the Phillipines so we can get married.

Once we are free to marry how long will it take get her status so that she doesn't hve to go back to the Phillipines and can begin her process to becoming a US citizen.

I know she has to get an Adjustment of Status and then her Green Card, but will she have to get her K-1 visa before all of that, or since she's already here inthe US can she go straight to the Adjustment of Status procedure and then on to getting her Green Card?

And if possible, what is the approzimate timeframe for all that we need to do?

And finally, should we get an attorney to help us do all of this, or can we do it on our own?

Sorry for all the questions, it just that I want to make sure we do this right the first time because the last thing I want to do is jeopardize losing the love of my life due to beaurocracy.

Thanks in advance, I can't wait to post our success story on here like the rest of you lucky guys.

[baron555 934]

She doesn't have to necessarily have to go back to the Phils, as long as she can do all the divorce stuff from here?

If not, then the K-1 could be an option but she would have to most likely stay in the Phils until she receives the K-1, which would be a number a months.....then she could move here, marry you and then file for the EAD and GC and upon receipt of either, begin to work again.

If working here immediately is in order, then you could go there, marry her and then file for CR-1 and then wait again and once she arrives here, she gets the GC upon arrival and can work.

So the big question is the divorce. If she could do it from here, you could essentially marry her and file for AOS here.

[bigdog 376]

Immediate divorce and marriage might pose a problem, hate say this but you might benefit from an attorney.

[asawahs4ever 0]

Immediate divorce and marriage might pose a problem, hate say this but you might benefit from an attorney.

Ok, and that's why I am wondering the length of the process so that we know how much time we have to do everything. And of course to know what "everything" is so we can do it right.

If an attorney is the best option, what type would we look for?

[MIBEN 83]

Doing things right would start with not living or dating a married person. To answer your questions, K-1 does not apply she is already here unless she goes back home then she can do a K-1 or Cr1 if she gets a divorce and marries you. Good luck on the Adjustment of Status she is married and has been reporting your same address it will be very easy for an IO to put two and two together.

Side Note many VJ users frown upon immoral situations like yours.

[asawahs4ever 0]

Doing things right would start with not living or dating a married person. To answer your questions, K-1 does not apply she is already here unless she goes back home then she can do a K-1 or Cr1 if she gets a divorce and marries you. Good luck on the Adjustment of Status she is married and has been reporting your same address it will be very easy for an IO to put two and two together.

Side Note many VJ users frown upon immoral situations like yours.

I understand seeing it as immoral, but before anyone judges us, it needs to be known that the only reason they are married is because he won't give her a divorce even after he raped and beat her. She couldn't afford an attorney while over there, and since it's extremely difficult to get divorced to begin with, it was all but impossible for her.

Again, life never is simple or black-and-white, but I hope people can see past the situation that led to us finding each other and simply help us continue our perfect bond.

Thank you

[MIBEN 83]

My intent is not to pass judgement actually just stating what will be obvious to the IO officer. The unfortunate events in her marriage does not change the fact that she choose to date and live with another man while married. This is why the recommendation of getting an attorney was given. Her situation was bad I get that, she is making it worse for both of you with her current living conditions.

She needs to get a divorce, then work on your relationship doing both at the same time only raises red flags of visa fraud.

Good luck but I would say untangle the situation first them focus on your relationship you cannot do one without clearing up the first.

[dindo and patty 20]

Umm...the issue is there is no divorce in the Philippines...she will have to do an annulment which takes awhile and is expensive from what I've read on here before. She must be free to marry you which is one the requirement she must meet. Tackle that issue first and then start preparing for the application whether it is through the K-1 fiance (e) visa or the CR-1 spousal visa. I hope you both are prepared for this annulment process can take longer than you would like. Good luck to you!

Edited December 27, 2011 by dindo and patty

[asawahs4ever 0]

My intent is not to pass judgement actually just stating what will be obvious to the IO officer. The unfortunate events in her marriage does not change the fact that she choose to date and live with another man while married. This is why the recommendation of getting an attorney was given. Her situation was bad I get that, she is making it worse for both of you with her current living conditions.

She needs to get a divorce, then work on your relationship doing both at the same time only raises red flags of visa fraud.

Good luck but I would say untangle the situation first them focus on your relationship you cannot do one without clearing up the first.

Thanks for the info, and I guess an attorney will be the best way to go.

Umm...the issue is there is no divorce in the Philippines...she will have to do an annullment which takes awhile and is expensive from

what I've read on here before. She must be free to marry you which is one the requirement she must meet. Tackle that issue first and

then start preparing for the application whether it is through the K-1 fiance (e) visa or the CR-1 spousal visa.

That is what I've read recently. Any idea how long it takes to get an annullment?

[dindo and patty 20]

Thanks for the info, and I guess an attorney will be the best way to go.

That is what I've read recently. Any idea how long it takes to get an annullment?

Do post on the Philippine forum regarding your situation. I am sure you will get some good information. You may even get info from someone

who has done an annulment and they may even recommend an attorney in the Philippines to help you with the annulment process. I've read

on here that it can take 1 to 1 1/2 years.

[asawahs4ever 0]

Do post on the Philippine forum regarding your situation. I am sure you will get some good information. You may even get info from someone

who has done an annulment and they may even recommend an attorney in the Philippines to help you with the annulment process. I've read

on here that it can take 1 to 1 1/2 years.

thanks, will do

[JimVaPhuong 4,863]

You might be tempted to have her get a divorce here in the US, since it will be substantially easier, faster, and probably less expensive than getting an annulment in the Philippines. However, you should be aware that if she divorces here in the US then her divorce will NOT be recognized in the Philippines because she's a citizen of the Philippines. She would be free to marry in the US, but if she returns to the Philippines she could be found guilty of bigamy. The only way to resolve this without her having any problems either here or in the Philippines is to get the marriage annulled in the Philippines.

[VanessaTony 3,567]

Some J1's have 2 year home residency requirements. She can apply for a waiver of that but you should be aware of whether she has this requirement or not.

She will NOT be divorcing her husband in the Philippines. There is no divorce in the Philippines so it will be an annulment. I suggest you read into it: http://en.wikipedia.org/wiki/Divorce_law_around_the_world#Philippines It could be a lengthy process.

She cannot enter the US with her J1 visa with intent to marry you and adjust her status. That is a breach of immigration laws. Your visa choices are basically fiancee (K1) or spouse (CR-1). If she doesn't leave the US then yes she can apply to adjust her status to LPR.

You should be aware that it will NOT look good that she met you while married, divorced her husband and then married you and adjusted her status (regardless of the claimed circumstances of her marriage). I understand you don't want to be apart so you just have to play with the cards you are dealt. First work on the annulment and see what happens after that.