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Thread: Marriage and GC

  1. #1
    silver222 is offline Newbie 510 points
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    Marriage and GC

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    Last edited by silver222; 11-03-2009 at 01:51 PM.

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    ValuableCanadian is offline Member 512 points
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    Quote Originally Posted by silver222 View Post
    I'm a Canadian on an F-1 visa at an American medical school. If I marry an American (already in a long term relationship but not living together currently if that matters), could I apply for a green card and do my residency on a work permit while waiting for approval? Or would I still have to apply for a visa?

    Alternatively if I apply for the GC can I still start residency on a J-1?

    Obviously I'd prefer an H-1B since I want to stay in the US, but a lot of hospitals aren't even giving them to LCME school grads anymore.

    Any help is appreciated!
    For this you need a US immigration lawyer.
    account no longer in use.

  3. #3
    kananaskis_girl's Avatar
    kananaskis_girl is offline Super Moderator
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    Quote Originally Posted by silver222 View Post
    I'm a Canadian on an F-1 visa at an American medical school. If I marry an American (already in a long term relationship but not living together currently if that matters), could I apply for a green card and do my residency on a work permit while waiting for approval? Or would I still have to apply for a visa?

    Alternatively if I apply for the GC can I still start residency on a J-1?

    Obviously I'd prefer an H-1B since I want to stay in the US, but a lot of hospitals aren't even giving them to LCME school grads anymore.

    Any help is appreciated!
    sorry this answer is a little late but it should help out people looking at this thread

    If you marry an American, yes, you can start your residency on the work permit while awaiting for your GC

    A GC CAN NOT be obtained through the J1, do not start your residency on a J1 if you plan on marrying an American

    The H1B can be transferred into a GC eventually but it's just easier to get married and start on the work permit.

    Now, the problem is that you're not living together.....to prevent fraud, the US government typically wants couples to be living together (even if they aren't married yet). You will have to live together after marriage, so if your SO is a med student as well, you will have to go through the couples match to ensure you work in the same city for residency. Now, you need to be wary of what visa you enter the US on when you get married. You may have to get a fiancee visa if you enter the US to get married, and oh yeah, you need to get married in the US.....

    An immigration lawyer from the US is very helpful to have on your side as well....
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    healing.hands is offline Newbie 510 points
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    Marriage before J1 visa

    hello, people
    Im a IMG and Im applaying for 2010 match, I want to match in the same city as my boyfriend, he is an American citizen and he is also a Dr. in training at this time.... I was initially considering the idea of applying only to H1 visa programs but that will narrow my posibilities significantly... so now Im going to apply to j1 and H1 visa programs and my boyfriend is willing to marry me right away in the case that I match a j1 visa program... my question is If I wait until the match and I matched a j1 visa program will I be able to marry my bf and then apply for a green card and get a work permit so that I can start in the program under an status different that a J1 visa???? ..
    thanks in advance, and any ideas will be appreciated

  5. #5
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    kananaskis_girl is offline Super Moderator
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    Quote Originally Posted by healing.hands View Post
    hello, people
    Im a IMG and Im applaying for 2010 match, I want to match in the same city as my boyfriend, he is an American citizen and he is also a Dr. in training at this time.... I was initially considering the idea of applying only to H1 visa programs but that will narrow my posibilities significantly... so now Im going to apply to j1 and H1 visa programs and my boyfriend is willing to marry me right away in the case that I match a j1 visa program... my question is If I wait until the match and I matched a j1 visa program will I be able to marry my bf and then apply for a green card and get a work permit so that I can start in the program under an status different that a J1 visa???? ..
    thanks in advance, and any ideas will be appreciated
    as long as you have not started on the J1, you would be able to do this, once you enter the country on a J1 visa however, it can not be transferred into a GC, no matter the reason. Be careful with the GC as well and how you enter the country, you will need to be married in the US (for the official ceremony) and if you come into the country to get married you need to enter under a separate "fiancee" visa. Please contact a US immigration official in order to talk to someone about this, as the timing is tricky and you don't want to mess up your chances of obtaining the GC. If you are planning on doing the GC work permit, you should be telling programs this anyways and not even applying for the J1 visa.
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    healing.hands is offline Newbie 510 points
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    Thanks

    Thanks so much for answering my question, but there is something that I dont fully understand.. what if I just come with my tourist visa and marry my bf during that time? wouldnt that be easier than getting a fiancee visa? and if I do that is it considered illegal?

  7. #7
    kananaskis_girl's Avatar
    kananaskis_girl is offline Super Moderator
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    Quote Originally Posted by healing.hands View Post
    Thanks so much for answering my question, but there is something that I dont fully understand.. what if I just come with my tourist visa and marry my bf during that time? wouldnt that be easier than getting a fiancee visa? and if I do that is it considered illegal?
    it can be considered illegal in some instances, like I said, contact immigration and they will be able to help you out more, my advice is only from what I've learned personally, you will be better off contacting the proper authorities so you don't do anything wrong that will jeopardize your chances of staying in the US in the long run
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    MYung is offline Member
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    Quote Originally Posted by healing.hands View Post
    what if I just come with my tourist visa and marry my bf during that time? wouldnt that be easier than getting a fiancee visa? and if I do that is it considered illegal?
    Yes you can come as a visitor and get married. You can apply for GC, and get an EAD to start working withing 30 days of filing paper work. That would be easier, but you may be denied entry into the US. Reason is that you are coming with intent to immigrate and not as a visitor. This is a black mark that will be difficult to remove. The legal way to do it is to apply for a K-1 (fiance) visa. Or get married outside the US and then for him to apply to bring you in on a green card.

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    Quote Originally Posted by MYung View Post
    Yes you can come as a visitor and get married. You can apply for GC, and get an EAD to start working withing 30 days of filing paper work. That would be easier, but you may be denied entry into the US. Reason is that you are coming with intent to immigrate and not as a visitor. This is a black mark that will be difficult to remove. The legal way to do it is to apply for a K-1 (fiance) visa. Or get married outside the US and then for him to apply to bring you in on a green card.
    getting married outside the US and then coming in is a LOT harder than getting married in the US.....just FYI
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    CanIMG is offline Moderator
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    First of all, get a lawyer to answer these questions.

    If you are in the US already legally doing rotations, you should get married and apply for the green card. This will get you a work permit and you will not need to get residency based on any visa (J1/H1-B)... this will be the best option by far for exapanding your choices for residency. Once you get a J1, you will not be eligible for green card...bad option.
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

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