Doctor marrying a green card holder

[drarooj9 0]

Dear all,

I am a Pakistani citizen and going to marry a US green card holder. We got engaged one week back. I have completed MBBS from Pakistan and currently doing job in my home country. I have not yet written USMLE. My plan is to give USMLE step 1 in FEB 2018 and Step 2 CK by June and and CS by August 2018. I am confused and I would like to know the options of entering USA because we would like to marry in USA rather than our home country. My fiance wishes to file my application for green card from USA because if we apply from our own country Pakistan, this will take around 3 or 4 years. I need your expert advice regarding adjustment of status. Please note that I know my fiance from last 3 years and we have a record of whatsapp/email/photos etc.

 

My questions are:
If I come to USA on J1 visa and then get married on J1 visa. Will my fiance be able to apply for my adjustment of status? Will the marriage lead to cancellation of J1 visa?
If I come to USA on student visa, Is it possible to maintain student status while being married to a US green card holder.
Are there any job opportunities in USA for me? Are there any organizations who can offer me a work visa based on my research experience?

[Unlockable 7,314]

The process to petition a spouse of a non US citizen is 2 years, not 3 - 4 years.

 

Only US citizens can adjust status of their spouse within the US.

[Coco8 1,042]

J1 visas have a 2 year home residency requirement. Getting around the requirement can be very hard and costly, particularly for M.D. So basically you cannot get a green card after spending 2 years in your home country. 

 

Moreover, it is fraud to just get a J1 to get married and adjust status. That is why there are K1 visas or CR1/IR1 spousal visas. 

 

Additionally, if you are MD, as you say, you have to take the UMSLE which is hard, and then you'd need to get a residency, which are very competitive. It is possible but you need to think better about this.

 

PS: I just saw your partner is a green card holder. How long until she can apply for citizenship?

Edited September 13, 2017 by Coco8

[drarooj9 0]

Dear Coco8, thanks for the reply

I want to stay in USA so that I can complete my specialization. I just want to know how can I maintain my own visa status? getting a green card is not my goal. I want to stay in USA with my husband legally. Please help

[NigeriaorBust 4,087]

 You could try for a student visa which may be hard because you have to prove non immigrant intent to get one .   When is your fiancé edible  to become a citizen ? 

[Coco8 1,042]

22 minutes ago, drarooj9 said:

Dear Coco8, thanks for the reply

I want to stay in USA so that I can complete my specialization. I just want to know how can I maintain my own visa status? getting a green card is not my goal. I want to stay in USA with my husband legally. Please help

 

You can apply for a masters or PhD program in the U.S. You would get an F1 visa. 

 

Getting a work visa (H1B) is very hard when you are in another country. 

 

J1, as I said, comes with a 2 year home residency requirement so I do not recommend it. It will be a headache.

 

 

 

 

[Coco8 1,042]

2 minutes ago, NigeriaorBust said:

 You could try for a student visa which may be hard because you have to prove non immigrant intent to get one .   When is your fiancé edible  to become a citizen ? 

 

The "non-immigrant intent" for PhD is very loose. If she has a solid CV and got into a solid program, nobody is going to question the fact that her husband is in the U.S.

[tato2017 41]

i think the options are:

 

1- Wait until your fiancee becomes U.S citizen and apply to green card via her.

2- Come to US either on F1 or J1 visa. Even though J1 visa has some restrictions but it is still doable but "Coco8" is right. It is a real headache once you have 2 year home country requirement. 

[geowrian 22,337]

12 hours ago, NuestraUnion said:

Only US citizens can adjust status of their spouse within the US.

You can AOS due to an LPR spouse if in the US, PD is current, and you have legal status.

 

12 hours ago, drarooj9 said:

If I come to USA on J1 visa and then get married on J1 visa. Will my fiance be able to apply for my adjustment of status? Will the marriage lead to cancellation of J1 visa?

If I come to USA on student visa, Is it possible to maintain student status while being married to a US green card holder.
Are there any job opportunities in USA for me? Are there any organizations who can offer me a work visa based on my research experience?

1. It is fraud to enter the US on a J-1 with the intent to adjust status.
2. Yes - being married doesn't invalidate your student status at all. You cannot enter with intent to adjust status on a student visa either (wasn't asked, but relevant due to #1)
3. Possibly..you will have to search for potential employers willing to petition for you. It's not easy, but is an option.

[Boiler 45,492]

You are not qualified to practice in the US so not sure what sort of work visa you could apply for.

 

If you want to study thaen a Student Visa F1 would be the appropriate one.

 

If you want to visit and marry on the US and leave you need a B.

 

If you want to immigrate and marry in the US you need a K but your SO would need to naturalise first.

[Humtum1 0]

On 9/13/2017 at 2:02 PM, drarooj9 said:

Dear all,

I am a Pakistani citizen and going to marry a US green card holder. We got engaged one week back. I have completed MBBS from Pakistan and currently doing job in my home country. I have not yet written USMLE. My plan is to give USMLE step 1 in FEB 2018 and Step 2 CK by June and and CS by August 2018. I am confused and I would like to know the options of entering USA because we would like to marry in USA rather than our home country. My fiance wishes to file my application for green card from USA because if we apply from our own country Pakistan, this will take around 3 or 4 years. I need your expert advice regarding adjustment of status. Please note that I know my fiance from last 3 years and we have a record of whatsapp/email/photos etc.

 

My questions are:
If I come to USA on J1 visa and then get married on J1 visa. Will my fiance be able to apply for my adjustment of status? Will the marriage lead to cancellation of J1 visa?
If I come to USA on student visa, Is it possible to maintain student status while being married to a US green card holder.
Are there any job opportunities in USA for me? Are there any organizations who can offer me a work visa based on my research experience?

You need to get married and then come to USA it will take around 2 years. If u apply for  students visa and u will refused then will face more issue to getting visa on marriage basis.

Student visa is not as easy as you r thinking and if u got visa then to take green card is very difficult for u .. 

An it will take years ..

So the best and easy way is to get marriage and apply for F2A visa ..