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  1. #1
    asxroma is offline Newbie 510 points
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    H1B (on J1 waiver) if I marry can I apply for green card

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    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!

  2. #2
    CanIMG is offline Moderator
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    h1

    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.
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

  3. #3
    asxroma is offline Newbie 510 points
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    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
    Last edited by asxroma; 02-18-2008 at 07:56 PM.

  4. #4
    CanIMG is offline Moderator
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    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.
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

  5. #5
    gracee_girl is offline Newbie 510 points
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    reply

    hello asxroma... you are a citizen of what country?

  6. #6
    dandy is offline Newbie 510 points
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    So I believe the OP still have to be committed for 3 years before start practicing independently, no?

  7. #7
    1246 is offline Junior Member 510 points
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    One of the clauses to get a J-1 waiver is if it would cause hardship to a US citizen (ie your spouse). So if you get married during your J-1 visa, you can at the end of it, have your spouse petition on your behalf for a GC. It only takes a few months to get, and it is possible to work prior to its issue.

    I wonder if you got married, and had your spouse petition that your job/location was causing hardship to her, that they could award you a GC in a few months.

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