j1 vs. green card aplication....plz hepl asap
 

Dear folks,


This is my case in points:
- I am outside USA
- I have a valid B1/B2 visa and entered the USA many times before and never violate this visa terms and status before and never did an extention.
- I will be enrolling in a medical training program by this July 1st
- I know a US citizen from my same cultural background from whom I want to marry and she is in the states now.



My question, which senario is best for me provided that I want to get the green card ultimately and keep my spot at the medical training program:



1) apply for a J1 visa now and travel to USA, start my training, marry my girl and stay on J1 visa status and then struggle with the dilemma of waivers later on and spend years serving in underserved areas ?
2) or travel to USA now with my B1 visa, marry my girl after 1 month and apply for green card at the begining of April and for a work permit to start my training 'will I get it on time before July 1st?' while my green card is pending? But what if my green card is denied? am I going to lose my spot in the medical training program?



What is the best for me?


Thank you.

Re: j1 vs. green card aplication....plz hepl asap
 

Your qeustions are beyond the normal scope of this group.

I think you should speak with an immigration lawyer. Plan #2 may have legal problems. Plan #1.. I don't think anyone here knows enough about it. Most UK citizens do not have the 2 year HRR.

Re: j1 vs. green card aplication....plz hepl asap
 

Or, you could do a K-1 fiance visa which would be the proper way to come to the USA with the intent to marry a USC and settle in the USA. Then you would be free to do your medical training program without having to go through a J-1 visa, and without having the 2-year home residency requirement.

You wouldn't be able to join the program in July 2010, as the K-1 visa takes longer than that...but if you can postpone joining the program, the K-1 visa is the one you need in order to marry and remain in the USA.

Rene

Re: j1 vs. green card aplication....plz hepl asap
 

Actually, joining the training at time is a main issue, so what do you suggest for me to do in this case and how to marry my girl and how to apply for green cad ?

Re: j1 vs. green card aplication....plz hepl asap
 

As meauxna said, you should consult with an immigration lawyer, since you have a few different goals and might be dealing with a home residency waiver.

As a layman, I might think of this route: come to the USA on your J-1, join the training, marry your girlfriend, but don't apply for your green card. When it gets close to the end of your J-1, apply for a waiver to the home residency requirement, and if it's approved, apply for your green card. If it's not approved, go home for 2 years (bring your wife with you, or be prepared for 2 years living apart). Then when your time at home is close to being finished, she can file an I-130 for your immigrant visa, and you can return to the USA and be a US PR upon entry.

Rene

Re: j1 vs. green card aplication....plz hepl asap
 

Is the girlfriend a US citizen or Permanent Resident?

Re: j1 vs. green card aplication....plz hepl asap
 

J1 alien physician
1) always has the 2 yr HRR
2) is not eligible for the standard wavier

There are certain programs out there that let you around the 2 yr HRR but they involve working in an underserved area for a number of years.

Re: j1 vs. green card aplication....plz hepl asap
 

OP, is your residency program eligible for H1Bs outside the cap (I know some programs are but I'm not sure if it is confined to academic centres)? Is worth asking the program if they will sponsor you, H1B had dual-intent so no issues with marriage later on.

Re: j1 vs. green card aplication....plz hepl asap
 

I'll repeat what I've said many times before... just because a visa does not specifically allow dual intent, it does not mean that dual intent is specifically prohibited. AFAIK, there are no visas which specifically prohibit dual intent.

Ian

Re: j1 vs. green card aplication....plz hepl asap
 

If you have any option of avoiding the J1 legally, then I advise that.

It's the WORST visa possible... and traps you totally

Charlie
(Critical Care Fellow at Children's Hospital Boston, on a J1 visa and regretting not coming over on her husband's L1 as an L2!)

Re: j1 vs. green card aplication....plz hepl asap
 

J1's generally aren't bad....most from the UK don't have the 2 year HRR, it gets them to the US and experience life here.

Medical folks are different.

The worst visa is the H4, spouse off the H1B...and also possibly E-2 invester visa for those with a family and having long term plans of staying in the US.

On a OT note, what's the parking like at Children's?

Re: j1 vs. green card aplication....plz hepl asap
 

Yeah - it may just be for medical folks that it's a pain - they try to stop you traveling outside the US for the duration of your visa (mine's 3 years), which is impractical and then the 2 year HRR which is lunacy. Also, the amount of paperwork was something I simply hadn't anticipated...

The parking at Children's is mostly off site in garages with shuttle service for staff I think - I live in Cambridge and cycle to work. It's pretty expensive for staff to park I think (approx $150 a month). For parents/families there is a garage on site and rates are about $20/d.

Hope that helps!
Charlie

Re: j1 vs. green card aplication....plz hepl asap
 

A lot of doc's try and go for the H1 instead of the J1 if the hospital is willing because of the 2 year HRR issue, but hindsight doesn't help.

Cheers for the heads up on the parking though, we might have to take our little one for the night there some time, either there or another hospital, not sure yet :)