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View Full Version : H1B (on J1 waiver) if I marry can I apply for green card


asxroma
02-13-2008, 10:22 PM
Hi all and thank you for reading,
I am a physician currently doing my J1 waiver of the 2 year home requirement with an H1B granted for the waiver. I have completed 16 months of the 3 years required for the waiver, I live in Florida and initially I enjoyed the job and location. My question is if I happen to marry my fiancee (US citizen by birth/ born and raised in America) will that make any difference at all with my immigration status? (in my waiver time). ie. can I apply for a green card/ permanent residence and obtain it before the 3 year requirement? This way being able to leave my current employer and start my own practice/ switch jobs. I am asking this because I have been with my GF for 3 years and we just got engaged, our plans were to marry in 1 year from now but I am starting to get fed up with the abuse of my employer who is sponsoring me the H1B Visa for my waiver. We may consider getting married sooner by the Law if it changes my immigration/job situation, and later doing a big wedding ceremony. Does it make a difference?
Any input will be greatly appreciated.
Thanks for reading!;)

CanIMG
02-18-2008, 07:00 PM
If you are on J1 waiver I would assume that you would be required to honor your commitment...not sure how you could get out of that.

asxroma
02-18-2008, 09:44 PM
Because of the lack of responses I will post that I finally had to talk personally to an immigration lawyer who told me after you are waived since you get an H1B you can simply apply like anyone else that has an H1B for the GreenCard if you get married. Anyhow it is all about love for me and in the 9 years I have been in the U.S.A. I would have never considered marrying someone just for the GreenCard. Regardless it is good to know that taking this decision right now is a very good move.
Wanted to post this in case someone had the same situation as myself and wanted to do a search.
To finish if you have a J1 if you get married you still have to return to your country, get waived or do the hardship thing....Once waived then you are like any other H1B holder.
Cheers and good luck to everyone :)

CanIMG
02-21-2008, 01:41 PM
Certainly you could get married and apply for the green card. That is not at issue here. The real crux of your question pertains to the ability to leave your J1 waiver site early ie, breaking your agreement to provide a full 3 years' worth of service. Not sure what the consequences of this would be. If I were you I would carefully go over the terms of your agreement because there may be some serious repercussions, like being denied a license to practice medicine.

gracee_girl
03-11-2008, 12:01 AM
hello asxroma... you are :) a citizen of what country?