Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

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

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

Old Feb 18th 2011, 5:29 pm
  #1  
Just Joined
Thread Starter
 
Joined: Feb 2011
Posts: 6
drrhn is an unknown quantity at this point
Default 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.
drrhn is offline  
Old Feb 18th 2011, 5:38 pm
  #2  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default 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.
meauxna is offline  
Old Feb 18th 2011, 6:03 pm
  #3  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,149
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  
Old Feb 18th 2011, 6:18 pm
  #4  
Just Joined
Thread Starter
 
Joined: Feb 2011
Posts: 6
drrhn is an unknown quantity at this point
Default 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 ?
drrhn is offline  
Old Feb 18th 2011, 6:22 pm
  #5  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,149
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: j1 vs. green card aplication....plz hepl asap

Originally Posted by drrhn View Post
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 ?
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
Noorah101 is offline  
Old Feb 21st 2011, 1:31 am
  #6  
BE Forum Addict
 
Joined: Sep 2006
Posts: 1,966
augigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond reputeaugigi has a reputation beyond repute
Default Re: j1 vs. green card aplication....plz hepl asap

Is the girlfriend a US citizen or Permanent Resident?
augigi is offline  
Old Feb 21st 2011, 2:15 am
  #7  
Forum Regular
 
Joined: Jan 2010
Location: Houston, TX
Posts: 100
lonestargirl is an unknown quantity at this point
Default 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.
lonestargirl is offline  
Old Feb 21st 2011, 2:37 am
  #8  
Forum Regular
 
Joined: Jan 2010
Location: Houston, TX
Posts: 100
lonestargirl is an unknown quantity at this point
Default 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.
lonestargirl is offline  
Old Feb 21st 2011, 12:09 pm
  #9  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,867
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: j1 vs. green card aplication....plz hepl asap

Originally Posted by lonestargirl View Post
H1B had dual-intent so no issues with marriage later on.
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
ian-mstm is offline  
Old Mar 23rd 2011, 7:47 pm
  #10  
Just Joined
 
Joined: Mar 2011
Posts: 6
drcharliegirl is an unknown quantity at this point
Default 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!)
drcharliegirl is offline  
Old Mar 24th 2011, 8:50 pm
  #11  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,761
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: j1 vs. green card aplication....plz hepl asap

Originally Posted by drcharliegirl View Post
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!)
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?
Bob is offline  
Old Mar 25th 2011, 1:39 am
  #12  
Just Joined
 
Joined: Mar 2011
Posts: 6
drcharliegirl is an unknown quantity at this point
Default 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
drcharliegirl is offline  
Old Mar 25th 2011, 2:57 am
  #13  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,761
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default 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
Bob is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.