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nard

My same sex partner is in H1B visa, how long can he get me?

By nard in What Visa Do I Need - Family Based Immigration

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nard Newbie

nard   0

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We are both from the Philippines, same sex partner. He will then move to NY as he will be based there for his works as Physical Therapists having his H1B visa. While me, I will be staying here in the Philippines working in IT industry.  I dont know how long do I need to wait for us to be together again like living in the same roof. We have plans to create family there because that is what we have dreamed together. I feel sad knowing that it may take more years to achieve that dream together. We dont know what to do. Please let us know if there is something that we can do for us to be together again in a short period of time. We need your advise guys. Thank you.

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Crazy Cat Grand Master

Crazy Cat   41,899

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1.  He must have a Green Card.

2.  You must be married.

I believe the current processing time is about 2 years.

 

or the H1b spouse process.  I'll defer to others for that info.....

Edited by missileman

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Unlockable Mentor

Unlockable   7,314

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*** Moved from US Immigration News and Discussion to "What Visa DO I Need" ***

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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kid1412 Explorer

kid1412   62

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1 hour ago, missileman said:

1.  He must have a Green Card.

2.  You must be married.

I believe the current processing time is about 2 years.

 

or the H1b spouse process.  I'll defer to others for that info.....

 

If you two are married, you can get an H4 visa to come to the US and live together. On H4, you cannot work, except volunteer work. 

 

Otherwise, there is no visa for boyfriend/girlfriend/partners..., only for spouses. The fact that you're same sex is immaterial. 

 

 

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SusieQQQ Grand Master

SusieQQQ   11,586

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15 minutes ago, nard said:

The problem here is that same sex marriage in Philippines is not legal 

Then you would need to get married somewhere that it is legal, in order to get a spouse benefit. It doesn’t have to be legal where you live, just legal where the ceremony happens.

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kid1412 Explorer

kid1412   62

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3 hours ago, SusieQQQ said:

Then you would need to get married somewhere that it is legal, in order to get a spouse benefit. It doesn’t have to be legal where you live, just legal where the ceremony happens.

It’s actually tougher than it looks. All Asian countries do not recognize same-sex marriages. The most progressive country and the one closest to legalize same-sex marriage is Taiwan (which one might argue it’s not even a country), where it is set to be legalized in May 2019. In many other Asian countries, a gay/lesbian couple would be lucky if it’s not out right banned and homosexual couples would be just thrown into a snake pit or stoned to death or something.

Edited by kid1412
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lierre Proficient

lierre   224

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Your partner needs to have a green card prior to applying to petition you for a K1. You can get married in the US.

 

That might mean 6-7 years. I’m not quite sure about how long it takes now.

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

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SusieQQQ Grand Master

SusieQQQ   11,586

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32 minutes ago, kid1412 said:

It’s actually tougher than it looks. All Asian countries do not recognize same-sex marriages. The most progressive country and the one closest to legalize same-sex marriage is Taiwan (which one might argue it’s not even a country), where it is set to be legalized in May 2019. In many other Asian countries, a gay/lesbian couple would be lucky if it’s not out right banned and homosexual couples would be just thrown into a snake pit or stoned to death or something.

Presumably he plans to visit his partner in the US at some stage, they can get married here. No less hassle than the partner having to fly all the way back to Asia where it can’t really be done anyway...

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SusieQQQ Grand Master

SusieQQQ   11,586

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8 minutes ago, ivyyy said:

Your partner needs to have a green card prior to applying to petition you for a K1. You can get married in the US.

 

That might mean 6-7 years. I’m not quite sure about how long it takes now.

If they’re married he can get a derivative non-immigrant visa, H4 in this case. No green card or K1 necessary. 

Edited by SusieQQQ
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lierre Proficient

lierre   224

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1 minute ago, SusieQQQ said:

If they’re married he can get a derivative non-immigrant visa, H4 in this case. No green card or K1 necessary. 

What you answered to the post prior, yeah, I agree with that.

 

It’s unfortunate they can’t be married in the Philippines.

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

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SalishSea Grand Master

SalishSea   17,842

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9 minutes ago, ivyyy said:

Your partner needs to have a green card prior to applying to petition you for a K1. You can get married in the US.

 

That might mean 6-7 years. I’m not quite sure about how long it takes now.

LPRs can petition for K-1s?

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lierre Proficient

lierre   224

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2 minutes ago, Jorgedig said:

LPRs can petition for K-1s?

Oh darn. Yeah. I was wrong with that.

Edited by ivyyy

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

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nard Newbie

nard   0

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20 hours ago, SusieQQQ said:

Presumably he plans to visit his partner in the US at some stage, they can get married here. No less hassle than the partner having to fly all the way back to Asia where it can’t really be done anyway...

Is it possible to travel in the US with tourist visa and get married with him? After the marriage, of course I will go back to the Philippines and let him process our marriage papers so I can come again with spouse visa?

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