PlutoBoy
Forum Newbie
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Hi guys. Do you have any experiences on this? My girlfriend (we have been a couple for five years, no lies here, we will marry anyway) is a green card holder and a medical student, too. If everything goes smoothly, I should be entering a residency program by 2010. I´ve been thinking maybe I should get marry by 2009 to get the green card. We are both living outside the US now. She is a resident, but is on permission to study abroad. Is it better for me to try to get an H1B? Should we marry by 2009 and apply for a green card for me? Should I not worry about H1, marriage, and green card, take a J1, and then marry her on the US and apply for a waiver? Thanks in advance!
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| mukho
Forum Elite
Topics: 6
Posts: 300
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get a green card...it increases places u can apply to and places that will consider u and simplifies the application process once u match...
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| paheli
It'sAllAboutGoodKarma
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You get a GC right away if you marry a Citizen. If you marry a GC holder, there are some tough laws that will prohibit you from enteringUS/living in US for a few years. Please verify this. [but it's what I've heard] But, I know that marrying a Citizen is preferable and GC holder is not.
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Prepare as if you're the worst, Perform as if you're the best! As you dream, so you manifest. So, DREAM BIG!! When you face hardship, remember, God never gives you more than you can handle. Success is the best revenge! He's my boyf! And, yea, I'm lying...:-(
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| new_n_lost
Politically InCorrect
Topics: 644
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paheli wrote:
You get a GC right away if you marry a Citizen. If you marry a GC holder, there are some tough laws that will prohibit you from enteringUS/living in US for a few years. Please verify this. [but it's what I've heard] But, I know that marrying a Citizen is preferable and GC holder is not.
When a GC is married to non Citizen then they give a K visa or something which lets you bring the spouse in under 1 yr or so. The time limit needs to be checked on it. But its faster if its a fiance. i think
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| cartman
Forum Junior
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the K visa or fiance visa applies to spouses also.
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| paheli
It'sAllAboutGoodKarma
Topics: 150
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Is the K visa a visa you can do your residency on, btw?
___________________
Prepare as if you're the worst, Perform as if you're the best! As you dream, so you manifest. So, DREAM BIG!! When you face hardship, remember, God never gives you more than you can handle. Success is the best revenge! He's my boyf! And, yea, I'm lying...:-(
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| cartman
Forum Junior
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Posts: 51
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i'm sorry but i don't know that paheli. i just know that its applicable for spouses too even though its called a fiance visa. that's how a relative of mine got here. her husband filed for a K visa. i do know she had to apply for a work permit once she got here and now she has a well paying stable job.........but i'm not sure if this route would work for medical personel like us.
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| paheli
It'sAllAboutGoodKarma
Topics: 150
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That's what PlutoBoy has to confirm, coz there's no point in having a K visa if he can't do Residency on it. He'll have to look for J1 or H1 sponsors anyway.
___________________
Prepare as if you're the worst, Perform as if you're the best! As you dream, so you manifest. So, DREAM BIG!! When you face hardship, remember, God never gives you more than you can handle. Success is the best revenge! He's my boyf! And, yea, I'm lying...:-(
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| drnadeemusmani
Forum Newbie
Topics: 4
Posts: 12
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how does green card help in residency search?
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| bailey
Forum Newbie
Topics: 5
Posts: 15
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Hi Plutoboy.
I feel compelled to write to you bc I was in the same situation. First things, first get an immigration attorney. Seriously.
The permission you are talking about is for her being outside the US for extended periods of time. I had one too.
Basically what will happen, if it has not happened already, is that your girlfriend will break the physical presence rule which requires her to be in the US 50% of the time during that last 5 years that she was a resident. And this will in turn make her ineligable to apply for her citizenship. Remember that only citizens are allowed to petition green cards for their spouses!!!! If she breaks this rule she will have to be in the US and wait 2.5 years to become eligable to apply for her citizenship. Right now the application process is taking over one year! You have to be careful with the time in the US.
The reason I know all of this is bc this is what happened to me. 3.5 years and one cancelled church wedding later, we are still waiting.
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| vradojc1
Forum Elite
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Posts: 309
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Get an H-1B. Rules pertaining to US-citizen immediate relatives (spouses...) do not apply to the petitions of spouses of LPRs (legal permanent residents, here GC holder) and you're not granted immediate visa number - basically spouses of GC holders have to wait in line since only a limited number of visas for that category is available each year. See more at
http://travel.state.gov/visa/immigrants/types/typ...
or read instructions to form I-130 at http://www.uscis.gov
Still, you can marry your fiancee/girlfriend, if that is what you really want.
Just kidding. I know all this as I just submitted my papers.
Edited by vradojc1 on 05/02/08 - 06:22 AM
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| vradojc1
Forum Elite
Topics: 21
Posts: 309
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Oh, I just wanted to post this part from I-130 form instructions
"When a petition is approved for the husband, wife, parent, or unmarried minor child of a United States citizen, these persons are classified as immmediate relatives. They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit.
For alien relatives in preference categories, a limited number of immigrant visas are issued each year. The visas are processed in the order in which the petitions are properly filed and accepted by USCIS. To be considered properly filed, a petition must be fully completed and signed, and the fee must be paid."
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