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Posted
5 minutes ago, Paul & Mary said:

Correct, but can you do a residency without an EAD?

She just wants to sit for the medical exam I believe the usmle step 2 for now, but on the application for residency she can put AOS to Permanent Resident and the medical residency don't start until middle of 2021 which by that time she will have received at least EAD or even green card.

Posted
12 minutes ago, drtraveler said:

Thanks for your answer. Yes, my diploma has been credentialed by ECFMG, but I still need to do one exam (the practical one in US). I did not precise: my Match registration starts this year (september till december 2020) with final result in March 2021 and the residency program starting July 2021 (few months ago we assumed I get EAD before that time). With my fiancé we decided to apply for K1 visa because we don't want to wait until July 2021 (I would than come to US on J-1) to be together especially that last 3 years we are living on the luggages between two countries (every 3 months me or him come for several weeks).

I will advice not conflate the two between family visa and employer sponsored visas. The exemption listed on the EO, should refer to immigrant visas through employment category.. but it wouldn't make sense to put an exemption for medical workers on K1 while it's a Non immigrant and not even listed on EO ( They may issue another EO for Non Immigrant visas as notated on the last paragraph of this EO) 

Posted
14 minutes ago, Arck said:

She just wants to sit for the medical exam I believe the usmle step 2 for now, but on the application for residency she can put AOS to Permanent Resident and the medical residency don't start until middle of 2021 which by that time she will have received at least EAD or even green card.

Yes, correct. My country is in Visa Waver Program so I don't need B1 visa - I guess if K1 visa process not move I will than have to come only for exam and go back. The main point is that after these years of hard studying and lonliness I want to have a family with my fiancé and don't want to waist any more time apart from each other.  In my country the COVID 19 situation is kind of stable (we did massive restriction in advance) lets hope for the best for other countries. Thank you all for answers. Stay healthy. 

Filed: K-1 Visa Country: Somalia
Timeline
Posted
2 hours ago, drtraveler said:

Hi everyone!  My story short: my fiancé (USC) sent K1 visa doc in the mid-December. We got our NOA2 on 30th of March.  I am medical doctor working in my country and being in the middle of nostrification of my medical diploma (to work in USA as MD) I was supposed to take part in Match program for residency in USA this year,  I still need to do a practise exam that is only performed in US (I have my term on 2nd of September in Phili and need to be there to do that). The timeframe with K1 visas PAUSED - confused with EO?? But as in the EO is written that the all physician and the health workers are exempt? How do you think where should we apply our case as the same time we are K1 visa waiters (not sure if they proceed them)  and I am physician (exempt).

PS we get through this together   

I'm in the same boat. I'm a medical doctor and I've had my K1 visa interview on September last year, I have been on AP ever since due to the Presidential proclamation 9645. My plan was to participate in this match cycle and get my CS exam in Chicago around August this year. I've seen earlier discussions in this thread that the exemption in this EO about Healthcare professionals is not solely specific to single visa category but there's no evidence about that as they mainly specified work related to Covid. Although most of the people agree that K1 is most likely not affected due to it being NIV, I have sent an inquiry to the embassy and I will be sharing with their reply. I'm worried about the effect this might have as I've already been on AP for more than 6 months.

Posted
15 minutes ago, drtraveler said:

Yes, correct. My country is in Visa Waver Program so I don't need B1 visa - I guess if K1 visa process not move I will than have to come only for exam and go back. The main point is that after these years of hard studying and lonliness I want to have a family with my fiancé and don't want to waist any more time apart from each other.  In my country the COVID 19 situation is kind of stable (we did massive restriction in advance) lets hope for the best for other countries. Thank you all for answers. Stay healthy. 

Oh that is great then if your country is in visa waiver program, then no issues to come and sit for the exam. I can sympathize with your situation like many here its tough to be apart but you will soon be permanently together, you almost there, All the best!

Filed: K-1 Visa Country: Somalia
Timeline
Posted
1 hour ago, Arck said:

But if there is any delay of your K-1 then you may consider to apply B1 visa to come for your practical medical exam only. But make sure to ask further how your K1 in process could affect B1 since K1 has dual intent (Immigrant and Non immigrant) while B1 is Non immigrant. And if able to get B1 then you will have to go back to your country after exam or before B1 expires to finalize your K1 process back home and come back again for marriage etc.

I have heard that it's difficult to enter US with B1/B2 visa if you have an open petition with intent of immigration. Even if you get the visa, I heard that you may have problems at POE

Posted
58 minutes ago, Paul & Mary said:

Correct, but can you do a residency without an EAD?

I guess that falls back on the visa category.

 

Example.  My ex is a veterinarian. She went in the match program and matched for an internship and then a residency....both paid and employer sponsored programs.  She was issued an E-3 visa and I got an E3D - Australian with speciality occupations - technically a non-immigrant visa but renewable forever in 2 year increments as needed.  The E3 visa itself served as her EAD (an LCA and prevailing wage determination needed to be applied for as part of the application process), whereas I had to apply for an EAD through the normal process, even though it was a 'guarantee' for me to get it.

Posted
21 minutes ago, Abdilahi said:

I'm in the same boat. I'm a medical doctor and I've had my K1 visa interview on September last year, I have been on AP ever since due to the Presidential proclamation 9645. My plan was to participate in this match cycle and get my CS exam in Chicago around August this year. I've seen earlier discussions in this thread that the exemption in this EO about Healthcare professionals is not solely specific to single visa category but there's no evidence about that as they mainly specified work related to Covid. Although most of the people agree that K1 is most likely not affected due to it being NIV, I have sent an inquiry to the embassy and I will be sharing with their reply. I'm worried about the effect this might have as I've already been on AP for more than 6 months.

Sorry my brother it's tough being on AP for that long, but keep the faith and continue to stay active searching for all the options as you doing, it will get better soon. 

Posted (edited)
15 minutes ago, Abdilahi said:

I have heard that it's difficult to enter US with B1/B2 visa if you have an open petition with intent of immigration. Even if you get the visa, I heard that you may have problems at POE

Wasn't true in my case. I traveled on B-1 while my I-140 was pending, and then again after approval and submission of DS-260. Hell, I even traveled together with my family who were part of the petition and no one said one thing. No problems whatsoever.

Edited by exp23
Posted

Hey everyone.

I emailed my embassy (South Africa) this morning:

 

Quote
Given the announcement of the executive order, I am unsure if it will affect my K-1 case, since the K-1 seems to be sometimes referred to as non-immigrant, and sometimes immigrant.
 
Could you please clarify what effect the executive order will have on my K-1 case?

 

To which they replied:

Quote

Dear Sir,

Yes, it affects K-1 applicants as well and so that means a temporary suspension of visa processing.

 

Not sure if this will be the case for other embassies or not.

 

All the best, everyone. Strength to you.

 
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