Jump to content
TabiCat

J1 Waiver for Doctor to AOS?

 Share

3 posts in this topic

Recommended Posts

I'm in a relationship with a doctor on a J-1 who is subject to the 2 year requirement. We want to get married and are exploring whether the K1 or CR1 would be better and whether which would allow AOS. He is from a small developing nation. How challenging is it to get a waiver of the 2 year requirement? Does K1 or CR1 eliminate this requirement? 

Link to comment
Share on other sites

Filed: Timeline

The two-year requirement bars getting any type of immigrant visa, including fiance or spousal visas.  The likelihood of getting a waiver of the requirement may depend on a lot of factors, including the home country involved, the funding source of the J visa, where he proposes to practice medicine in the US, the hardship involved if he doesn't get the waiver, etc.

Link to comment
Share on other sites

Waivers for physicians have different paths than waivers for J1 visas, because J1 for physician, even though it's a J1 it's like a special subcategory  in a way.

 

Physicians with J1 are not allowed to do a waiver via "No Objection" which is the easiest waiver. This is the waiver most people here do.

 

You will have to look into the waivers for physicians. There are several ways to get one and it will depend on what he is working on. The most common way in which physicians get a waiver is if they sign up for a program that sends them to places that don't have physicians for a couple of years (e.g. small town in North Dakota) and that way you get a waiver. I think the VA (veteran affairs) also has a program like this.

 

If he is from a country that's under war or he is from a special minority facing persecution, he could potentially have a waiver for humanitarian reasons, but they are very difficult to get. 

 

Getting married does NOT eliminate the requirement and he won't be able to get a green card until he gets a waiver. 

 

Edited by Coco8
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...