Taiwanese-Canadian in Australia wants to marry a USC

[ICLDRIR 0]

First time poster, so please excuse if this is posted in the wrong forum. The situation is ... well, complicated.

Me:

USC

Her:

A dual citizen of Taiwan and Canada, currently a full time medical student in Australia, in Australia on a student visa (not an Aus PR).

Us:

Engaged.

Goal:

to have her have a GC by March 2013 so that she can start a U.S. medical residency training in 2013 (and not have to be on a restrictive a J-1 or H1B visa)

Plans:

Her hospital rotations in Australia go till July 2012, and she has some US hospital rotations from July tilli Nov 2012. Her med school graduation in Dec 2012.

Dream:

Marriage in July 2012, she does US hospital rotations till Nov 2012 as a student, she returns to Australia Dec 2012 for graduation, and return to US Dec 2012 and starts working (residency) July 2013 as a US PR.

Ideally, she wants to get married in her hometown in Canada. We were thinking of marriage in July 2012, after she finishes her Australian rotations and before she starts her US rotations. However, I'm discovering that once we're married in Canada, she won't be able to enter the US until her IR-1 visa is approved, which takes -- months? a year? This would obviously prevent her from doing her US hospital rotations (which, were she not involved with me, she would come to the US for her hospital rotations on a B-1).

Question: Can we get married in Canada and then can she enter the US as a STUDENT while the IR-1 visa is pending?

Question: If not, could we have a church ceremony in Canada but then have a civil ceremony in the US (she would enter on a K-1, thus)?

Question: If we get married in the US, can she travel back to Australia for final school exams and graduation as a STUDENT while the AOS is still pending (Dec 2012)?

Question: Is there any way we can use her dual citizenship to help our situation?

Question: Does anyone else have any other ideas to help out?

Much thanks!

[sheeshkabelle 153]

First time poster, so please excuse if this is posted in the wrong forum. The situation is ... well, complicated.

Me:

USC

Her:

A dual citizen of Taiwan and Canada, currently a full time medical student in Australia, in Australia on a student visa (not an Aus PR).

Us:

Engaged.

Goal:

to have her have a GC by March 2013 so that she can start a U.S. medical residency training in 2013 (and not have to be on a restrictive a J-1 or H1B visa)

Plans:

Her hospital rotations in Australia go till July 2012, and she has some US hospital rotations from July tilli Nov 2012. Her med school graduation in Dec 2012.

Dream:

Marriage in July 2012, she does US hospital rotations till Nov 2012 as a student, she returns to Australia Dec 2012 for graduation, and return to US Dec 2012 and starts working (residency) July 2013 as a US PR.

Ideally, she wants to get married in her hometown in Canada. We were thinking of marriage in July 2012, after she finishes her Australian rotations and before she starts her US rotations. However, I'm discovering that once we're married in Canada, she won't be able to enter the US until her IR-1 visa is approved, which takes -- months? a year? This would obviously prevent her from doing her US hospital rotations (which, were she not involved with me, she would come to the US for her hospital rotations on a B-1).

Question: Can we get married in Canada and then can she enter the US as a STUDENT while the IR-1 visa is pending?

Question: If not, could we have a church ceremony in Canada but then have a civil ceremony in the US (she would enter on a K-1, thus)?

Question: If we get married in the US, can she travel back to Australia for final school exams and graduation as a STUDENT while the AOS is still pending (Dec 2012)?

Question: Is there any way we can use her dual citizenship to help our situation?

Question: Does anyone else have any other ideas to help out?

Much thanks!

1. Maybe. They do a case by case basis. You would File for CR-1 since you have been married for less than two years. I doubt they would issue a Student Visa while an Immigration Visa is in process.

2. If you have a church wedding or civil ceremony in Canada, you are legally married in Canada, US, anywhere in the world. K-1 is fiance visa, and does not apply.

3. If you get married in the US, yes, she can go back to Australia for her finals and graduation. The CR-1 Visa takes about 9 months, give or take, from beginning to end. She will not do any adjustment of status as a CR-1 applicant.

Once you file the CR-1 she will have to have her interview in Montreal, Canada. If she has to be here by March 2013 for her residency, you guys need to get the ball rolling.

4. Dual Citizenship will not help or hinder your application. The plus side is that she will interview in Canada, instead of Taiwan (cheaper to travel)

5. Get married ASAP,

have her return to Australia to finish her schooling,

File the I-130 for her CR-1 Visa

During the wait she can be finishing up in Australia

Once the CR-1 Visa is issued you have up to a year before she has to move to the US for her permanent residency (green card)

By then everything should be ready for her to do her residency (medical)at a hospital in the US

She can travel to the US as much as she likes while her CR-1 is processing.Canadian Citizens can legally stay in US for six months with out any kind of Visa, but can not legally work, or have the benefits of an LPR. She has to prove she will not STAY PERMANENTLY until she receives her CR-1 visa.

Edited December 7, 2011 by sheeshkabelle

[46]

First time poster, so please excuse if this is posted in the wrong forum. The situation is ... well, complicated.

Me:

USC

Her:

A dual citizen of Taiwan and Canada, currently a full time medical student in Australia, in Australia on a student visa (not an Aus PR).

Us:

Engaged.

Goal:

to have her have a GC by March 2013 so that she can start a U.S. medical residency training in 2013 (and not have to be on a restrictive a J-1 or H1B visa)

Plans:

Her hospital rotations in Australia go till July 2012, and she has some US hospital rotations from July tilli Nov 2012. Her med school graduation in Dec 2012.

Dream:

Marriage in July 2012, she does US hospital rotations till Nov 2012 as a student, she returns to Australia Dec 2012 for graduation, and return to US Dec 2012 and starts working (residency) July 2013 as a US PR.

Ideally, she wants to get married in her hometown in Canada. We were thinking of marriage in July 2012, after she finishes her Australian rotations and before she starts her US rotations. However, I'm discovering that once we're married in Canada, she won't be able to enter the US until her IR-1 visa is approved, which takes -- months? a year? This would obviously prevent her from doing her US hospital rotations (which, were she not involved with me, she would come to the US for her hospital rotations on a B-1).

Question: Can we get married in Canada and then can she enter the US as a STUDENT while the IR-1 visa is pending?

Question: If not, could we have a church ceremony in Canada but then have a civil ceremony in the US (she would enter on a K-1, thus)?

Question: If we get married in the US, can she travel back to Australia for final school exams and graduation as a STUDENT while the AOS is still pending (Dec 2012)?

Question: Is there any way we can use her dual citizenship to help our situation?

Question: Does anyone else have any other ideas to help out?

Much thanks!

For the sake of clarity:

Medical Residency = Medical Residency

Green Card = Permanent Residency in the US.

It's very difficult for non-citizens/Green Card holders to match for medical residency in America. However, some programs view US citizens/residents who studied abroad as inferior, as they could not get a med school position here.

Additionally, a Green Card by 2013 isn't good enough. Programs need to know at application time in Sept. 2012. Many won't offer an interview without it as they have no capacity to issue J-1s, and the uncertainty is a risk they cannot take.

Finally, her schedule is doing to be tough. Your fiancee will need to interview from Nov, 2012 - Feb, 2013. However, doing the audition rotations is smart as programs that get her are more likely to take her (if she's good i.e. follows directions in a friendly way).

The best course for her career is to get married ASAP at an AMERICAN City Hall now (foreign will take more time). You can hold a large ceremony later, if you require this step. Get the paperwork processing to ensure her status is solid by Sept. 2012. She can explain her foreign med school in her apps (foreign citizen at the time, etc.).

Medical residency match is already tough. Failing to match or matching to a bad program is not a path you want her to take.

Things to think about:

1. How she will cross into America to get married? No fiancee visa is strictly necessary if she can prove she's leaving again after the wedding, but it's tricky. Proof will need to be overwhelming that she's returning to Australia to finish school (letter from med school, return flight, not packing too much, etc.). Research states where you can obtain a wedding license and get married easily. NY has a 1 day wait between license and marriage.

2. The logistics of the Green Card interview. It will likely be in Canada (actually, this is best). So she will need to fly-in.

3. Interviewing for medical residency is a long process, made much more difficult for foreigners, and compounded by specialty. She will need to apply to a lot of programs compared to US Grads with equal stats. Use the NRMP Data as a guide. She will also need to fly throughout America a fair bit, and that's not fun from Australia. I've met plenty throughout a few interview seasons who have done it, but it sucks. She must also make the "optional" dinners the night before each interview. Trust me, they're mandatory.

Good luck. My wife and I have been through this dance ourselves, and if you plan it meticulously and understand that paying the $$$s now reaps huge rewards in future, you'll be fine.

So start saving your cash, and if your wife is aiming for surgery at top US programs, I'll likely meet her at a dinner next year.

Edited December 7, 2011 by