Completing DS160, I' m a physician

[DalekMD 1]

Hello. I have a few concerns as to how to complete some of the security questions in the DS160, and I' m getting paranoid it will create problems during the interview.

My fiancée and I are in the process of our K1 visa. We' ve been in a relationship for 10 years. However, I happen to be a physician and I haven't taken the USMLE yet. I was planning on taking them after marriage and after the Adjustment of Status, once I had the Green card. In the DS 160 they ask: "Are you a graduate of a foreign medical school seeking to perform medical services in the United States but have not yet passed the National Board of Medical Examiners examination or its equivalent?"   The answer would be YES. Would it be ok as long as I explain the situation and that I'm not planning on working illegally?  Another question is if I plan to work as a skilled or unskilled worker but I have not been certified by the Secretary of Labour. I' m not sure what to reply to that. Or if the explanation would be the same as for the other question.

Do you think there is anything I should state in particular in my answer? I mean, I haven't done anything wrong, I' ve just not taken the exams yet.

Thanks

[KULtoATL 1,551]

I'm not sure if there would be a follow-up question if you answer 'Yes'. However, it shouldn't be an issue because they know you can't work till you get your EAD and certified by the relevant boards in the US

[DalekMD 1]

Thanks. Well, I have a text box to explain if I answer yes. I wonder if anyone else here also was in a similar situation.

[KULtoATL 1,551]

46 minutes ago, DalekMD said:

Thanks. Well, I have a text box to explain if I answer yes. I wonder if anyone else here also was in a similar situation.

With the comment box, you can easily explain the kinda jobs you'll be looking for or your specialty and that you'll work after getting certified by so and so boards in the US. Don't think it's that complicated  But hey, what do I know! There are medical practitioners around here that could assist. I'm sure.

[DalekMD 1]

Yeah, I guess I' m just paranoid about answering "yes" in that section.

[JFH 12,191]

Actually I would answer "no" as this is not the primary reason for your seeking entrance into the USA. Your primary reason is to be with your fiancé, to marry and settle. It's obvious that anyone with a medical degree will probably want to look for work or further study in the field of medicine at some point. Remember these forms are multi-purpose and are also used for certain work-based visas. Your line of work is irrelevant for a fiancé visa since you cannot work or study for a long time anyway and you are not applying based on your work experience. 

 

At at the moment you are not seeking to perform anything. You are seeking a fiancé visa. What happens after you arrive and adjust is if no concern at this stage. 

[DalekMD 1]

Thanks JFH, that actually makes sense, since I' m not planning on taking any tests or do anything medical related under the K1. I don't want any misunderstandings in the interview.

[Fr8dog 312]

It depends of where the question is located on the form (sorry it as been a while).

If the question is part of the "why are you applying for a visa" the answer would be no. It is not the reason why you apply.

If the question is part of the "what is your education and work experience, than it would be yes. You are planning on doing what the ask.

 

[DalekMD 1]

15 minutes ago, Fr8dog said:

It depends of where the question is located on the form (sorry it as been a while).

If the question is part of the "why are you applying for a visa" the answer would be no. It is not the reason why you apply.

If the question is part of the "what is your education and work experience, than it would be yes. You are planning on doing what the ask.

 

It's in the security section, along with if I' m planning on trafficking people and such. That's what got me concerned in the first place.

Edited July 20, 2017 by DalekMD

[Fr8dog 312]

6 minutes ago, DalekMD said:

It's in the security section, along with if I' m planning on trafficking people and such.

Than I would go with yes and maybe a short explanation.

[K&J2017 1]

Hi Dalek,

 

I just went through the CR1 process and I am a physician in Germany, but like you havent done the USMLE. I struggled with the same issue like you and had to answer the same questions on the DS-260. I answered with "yes" to both of your questions and very briefly explained that I am applying for the visa because i am seeking to be with my spouse. I also wrote that I am considering to take the exams.

I wasnt asked any questions regarding that matter during the interview and the consular officer said i will get the visa in the next few days.

I see trouble with answering "no" to these questions, as they dont ask what your primary reason is. And of course would you seek to work as a physician, as that is what you have been trained for. This is not an issue with inadmissibility, because the laws concerning Immigration say that you would be inadmissible, if your primary reason to come to the us is seeking to work as a physician without having passed the USMLE. In your case your primary reason is to be with your soon-to-be spouse.

I dont know why there are these questions in the DS 160, as they are irrelevant for your visa category. Does anyone know, if the DS 160 form is used for any other visa categories, where it would make sense to ask these two questions?