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Visa Predicament for Physician with Limited Time

By Canadian Doc in What Visa Do I Need - Family Based Immigration

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Canadian Doc Newbie

Canadian Doc   0

Posted
Filed: Other Country: Canada
 Timeline
Posted

Greetings everyone. I am new to the forum and was hoping I could get some advice as I just finished medical school and can't afford lawyer at the moment. I am a Canadian citizen in NYC since Jan 2012 on a B1 visa finishing my medical rotations. A few weeks after I arrived I met and fell in love with a beautiful nurse and proposed last October (2013). We decided to get married here on Jun 7th of this year. I am currently awaiting our residency placement results to come out next week after which I would be able to apply for J1. I looked into Permanent Residence but if I filed now it may be denied or not arrive in time for the July 1st start date of residency leaving me out of work. My other option is to apply for the J1 but then the issue of marriage comes up. My question is twofold: 1) Should we get married civilly before applying for J1 so as not to make it seem like the marriage was a fraud (it most certainly is not) or wait till after I receive the visa? The problem here being that I am subject to a 2 year return to Canada after the visa expires. 2) File for Adjustment of Status, pray to God it all goes well from the start and I receive the Employment Authorization on time?

Thanks for your patience.

Super King Enthusiast

Super King   26

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Greetings everyone. I am new to the forum and was hoping I could get some advice as I just finished medical school and can't afford lawyer at the moment. I am a Canadian citizen in NYC since Jan 2012 on a B1 visa finishing my medical rotations. A few weeks after I arrived I met and fell in love with a beautiful nurse and proposed last October (2013). We decided to get married here on Jun 7th of this year. I am currently awaiting our residency placement results to come out next week after which I would be able to apply for J1. I looked into Permanent Residence but if I filed now it may be denied or not arrive in time for the July 1st start date of residency leaving me out of work. My other option is to apply for the J1 but then the issue of marriage comes up. My question is twofold: 1) Should we get married civilly before applying for J1 so as not to make it seem like the marriage was a fraud (it most certainly is not) or wait till after I receive the visa? The problem here being that I am subject to a 2 year return to Canada after the visa expires. 2) File for Adjustment of Status, pray to God it all goes well from the start and I receive the Employment Authorization on time?

Thanks for your patience.

Get Married and apply with AOS package. You will get EAD before 1st July, And its clear that you didn't enter US to get married. Your purpose was Medical rotations so i don't think its a visa fraud.Other option is you should go for the program that offer H1 but I guess at this moment its late as you must already have submitted your choice lists. J1 is very tricky. I have heard few people could bypass the 2 year return deal but its a long and complicated procedure. Good luck with your residency Match.

February 28- AOS package sent. ( I-130, I-485, I-765)
March 5- Package delivered to USCIS Chicago.
March 11- Email and text notification with Receipt Numbers.
March 14- Hardcopy of NOA1 for all three applications.
March 21- Received biometrics appointment letter for 04/04/2014
April 2 - Completed Walk in Biometrics appointment successfully. (Original Appointment was for 4th April)
April 9- I-485 Case status has been updated to " Testing & Interview "
April 16- Text and email alert for case update for AOS interview on 22nd May 2014.
April 18- Hardcopy of Interview notice received in mail.
May 22- AOS interview, approved on the spot and got stamp in my passport.
May 27 - Approval notice of I-130 and I-485 in mail.
May 29- Received GC in mail.

ROC Timeline:

03/28/2016: I-751 package sent to CSC

03/29/2016: Package delivered.

03/31/2016: cheque cached.

04/02/2016: Received NOA1 in mail, dated 03/29/2016.

04/13/2016: Received Biometrics notice for the date of 04/25/2016.

04/21/2016: Early walk in Biometrics

09/28/2016: Text and email alert about approval of ROC

10/06/2016: Received 10-years green card in mail

Super King Enthusiast

Super King   26

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

I'm not sure about that. But I don't see any reason for your AOS rejection at this moment. It might take 6-7 months to get you green card (if your local USCIS office has backload or if you get request for evidence more than once or twice) but you sure will get Employment authorization before 1st July if you act quickly and that's all you need for starting residency. And I don't think you can apply for both visas at same time but I am not sure about that. You should call ECFMG because as long as I know ECFMG deals with J1 visas for residency for foreign medical graduates.

February 28- AOS package sent. ( I-130, I-485, I-765)
March 5- Package delivered to USCIS Chicago.
March 11- Email and text notification with Receipt Numbers.
March 14- Hardcopy of NOA1 for all three applications.
March 21- Received biometrics appointment letter for 04/04/2014
April 2 - Completed Walk in Biometrics appointment successfully. (Original Appointment was for 4th April)
April 9- I-485 Case status has been updated to " Testing & Interview "
April 16- Text and email alert for case update for AOS interview on 22nd May 2014.
April 18- Hardcopy of Interview notice received in mail.
May 22- AOS interview, approved on the spot and got stamp in my passport.
May 27 - Approval notice of I-130 and I-485 in mail.
May 29- Received GC in mail.

ROC Timeline:

03/28/2016: I-751 package sent to CSC

03/29/2016: Package delivered.

03/31/2016: cheque cached.

04/02/2016: Received NOA1 in mail, dated 03/29/2016.

04/13/2016: Received Biometrics notice for the date of 04/25/2016.

04/21/2016: Early walk in Biometrics

09/28/2016: Text and email alert about approval of ROC

10/06/2016: Received 10-years green card in mail

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Unless you get the 2-year return waived, Adjustment of Status will be denied.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Super King Enthusiast

Super King   26

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Unless you get the 2-year return waived, Adjustment of Status will be denied.

At this moment he is on B1/B2 visa. So it won't be a problem if he files for AOS now.

February 28- AOS package sent. ( I-130, I-485, I-765)
March 5- Package delivered to USCIS Chicago.
March 11- Email and text notification with Receipt Numbers.
March 14- Hardcopy of NOA1 for all three applications.
March 21- Received biometrics appointment letter for 04/04/2014
April 2 - Completed Walk in Biometrics appointment successfully. (Original Appointment was for 4th April)
April 9- I-485 Case status has been updated to " Testing & Interview "
April 16- Text and email alert for case update for AOS interview on 22nd May 2014.
April 18- Hardcopy of Interview notice received in mail.
May 22- AOS interview, approved on the spot and got stamp in my passport.
May 27 - Approval notice of I-130 and I-485 in mail.
May 29- Received GC in mail.

ROC Timeline:

03/28/2016: I-751 package sent to CSC

03/29/2016: Package delivered.

03/31/2016: cheque cached.

04/02/2016: Received NOA1 in mail, dated 03/29/2016.

04/13/2016: Received Biometrics notice for the date of 04/25/2016.

04/21/2016: Early walk in Biometrics

09/28/2016: Text and email alert about approval of ROC

10/06/2016: Received 10-years green card in mail

 
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