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Confusing Question in DS-230!

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I am filling out DS-230 form for my wife who is a graduate of a foreign medical school. (She hasn’t taken the USMLE Board exams that will allow her to practice in U.S. as a medical doctor.) I am confused about the following question in DS-230 form: DS-230 Part II- Sworn Statement (page 3). 40 e.

The question reads as follows:

“An alien who seeks to enter for the purpose of performing skilled or unskilled labor who has not been certified by the Secretary of Labor, who is a graduate of a foreign medical school seeking to perform medical services who has not passed the NBME exam or its equivalent; or who is a health care worker seeking to perform such work without a certificate from the CGFNA or from an equivalent approved independent credentialing organization.”

What should I check for this question; YES or NO.

Thanks.

11-04-2009: I-130 SENT

11-12-2009: I-130 NOA1 (Receipt)

02-23-2010: I-130 NOA2 (Approved) in postal mail

03-09-2010: Received DS-3032 / I-864 Bill

03-14-2010: I-864 BILL PAID

06-23-2010: NVC Recieved DS-230 and Civil Documents

08-10-2010: Checklist (RFE) Letter from NVC

08-11-2010: RFE Docs sent to NVC via overnight mail

08-12-2010: RFE Docs Delivered to NVC

08-16-2010: Automatic Answering System at NVC says it received the checklist letter response (RFE) on 08-16-2010

09-07-2010: CASE COMPLETE. called NVC, customer service rep said case is complete and now awaiting interview scheduling.Tried logging into NVC payment website, sign-in failed.

09-12-2010: Interview date received via email.

10-05-2010: Interview.

10-05-2010: Visa Approved.

10-05-2010: Visa Received.

******

09-29-2012: I-751 packet Sent in mail for ROC on GC

10-01-2012: I-751 packet delivered to VT stations.

10-04-2012: Check Cashed

10-06-2012: Receipt Notice in Mail (I-797)

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I am filling out DS-230 form for my wife who is a graduate of a foreign medical school. (She hasn’t taken the USMLE Board exams that will allow her to practice in U.S. as a medical doctor.) I am confused about the following question in DS-230 form: DS-230 Part II- Sworn Statement (page 3). 40 e.

The question reads as follows:

“An alien who seeks to enter for the purpose of performing skilled or unskilled labor who has not been certified by the Secretary of Labor, who is a graduate of a foreign medical school seeking to perform medical services who has not passed the NBME exam or its equivalent; or who is a health care worker seeking to perform such work without a certificate from the CGFNA or from an equivalent approved independent credentialing organization.”

What should I check for this question; YES or NO.

Thanks.

mmmm the question is a bit tricky because of your situation, but i think you would put NO, because in the first line it says "An alien who SEEKS to enter for the PURPOSE of performing skilled or unskilled....." if she is your wife then i am guessing that she SEEKS to enter the country for the PURPOSE of being with you only. Also I am guessing that she is not planning to practice medicine without first taking and passing the appropiate exam, because that would be illegal. And all those questions in that part of the form are just basically asking you are you going to do something illegal or have you done something which they consider to be illegal or are you likely to become a burned to the U.S(? SO for the most part all those questions should be answered with a "NO" (unless they actually do apply to your wife in which case you have to be honest and disclose such info)

Mailed N-400 7/23/2009

N-400 received 7/27/09

Biometrics appt 8/19/2009

Interview 11/10/2009 PASSED (got oath letter same day)

Oath ceremony 11/25/2009 (It was nice, FINALLY I am a CITIZEN)

I-130 sent 10/29/2009

I-130 received 10/30/2009

Check cashed 11/05/2009

NOA1 dated 11/05/2009

"Touched" 11/06/2009

"Touched" 11/08/2009

"Touched" 11/09/2009

NOA1 received 11/09/2009

"Touched" 11/30/2009

"faxed proof of citizenship" 12/01/2009

"Touched" 12/01/2009

"Touched" 12/02/2009

"Touched" 12/03/2009

12/23/09 APPROVED Email SENT, and approval letter mailed

12/24/09 Touched

12/28/09 Touched

12/31/09 NVC receives case and assign #

01/04/10 Gave NVC emailed address

01/06/10 AOS BIll / DS-3032 generated

01/06/10 AOS Bill paid, DS-3032 emailed

02/13/10 Paid IV BIll

02/13/10 Sent I-864

2/18/10 Sent DS-230

2/25/10 received e-mail of checklist ( according to NVC DS-230 is missing, but its not so they said to ignore the e-mail)

03/03/10 Login Failed

03/04/10 Case Complete...............waiting for interview date

03/25/10 Interview letter received through email

05/12/10 Interview Date.... Approved

05/19/10 Picked up passport at Domex in Santo Domingo

05/22/10 Hubby and me come home together...Port of Entry New York's JFK

06/14/10 Received Welcome Letter

06/18/10 2nd Welcome Letter

06/28/10 Received 2 year GC

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I was in the same situation as well as your wife before. I was a physician in Indonesia before I came to the U.S to be with my husband. I answered "NO". Since I came to the U.S to be with my husband not to perform my skill as a physician. I had no problem along the process till the interview. Good luck !

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