EAD after marriage to a permament resident!

[drdkumar2]

Hello everyone! I did MBBS from India and am going to apply to residency programs next September(2005). However, there seems to be some confusion regarding my future status. I just married a permanent resident and she has been a permanent resident for more than 10 years. Right now I am on an F1 visa. She is going to apply for her citizenship but it might take her about one year in Houston. I am not sure if I can get an EAD by September 2005 to escape the H1/J1 quagmire. Is there any way I can get an EAD by then? I know that after she becomes a citizen, I should be able to get EAD but what happens till then? Can I tell the residency directors that I WILL get an EAD AFTER my wife becomes a citizen? Will they be OK with such a vague promise?
Thanx everyone in advance for any suggestions, comments!

 

[J1victim]

f1, permanent resident, citizen

Hello everyone! I did MBBS from India and am going to apply to residency programs next September(2005). However, there seems to be some confusion regarding my future status. I just married a permanent resident and she has been a permanent resident for more than 10 years. Right now I am on an F1 visa. She is going to apply for her citizenship but it might take her about one year in Houston. I am not sure if I can get an EAD by September 2005 to escape the H1/J1 quagmire. Is there any way I can get an EAD by then? I know that after she becomes a citizen, I should be able to get EAD but what happens till then? Can I tell the residency directors that I WILL get an EAD AFTER my wife becomes a citizen? Will they be OK with such a vague promise?
Thanx everyone in advance for any suggestions, comments!

ok ... let's see ..... u on F1, spouse on GC and not yet a citizen ... ur EAD will be delayed for your residency (starting 2006 with interviews in 2005) .... tough situation ...hmmmm

your solution ....

1. if your F1 studies will permit OPT in medical field, then
a. extend your student status until about 12/31/2005.
b. go on OPT from 1/1/2006 to 12/31/2006 (assuming that you will get 1 year of OPT from your F1 student) **you will need to apply for OPT status BEFORE finishing your course work.
OPT is an EAD, so when you interview with programs, you can tell them that you have EAD.
c. this way, you are ready for residency for any mid-session vacancy in 1/06 or from 7/06.
d. during 2006, you can switch to H1b from October or your EAD from your citizen spouse.

2. these above dates can be adjusted depending on your requirements.
*********************
disclaimer: my personal opinion only.

 

[acube12]

Hello everyone! I did MBBS from India and am going to apply to residency programs next September(2005). However, there seems to be some confusion regarding my future status. I just married a permanent resident and she has been a permanent resident for more than 10 years. Right now I am on an F1 visa. She is going to apply for her citizenship but it might take her about one year in Houston. I am not sure if I can get an EAD by September 2005 to escape the H1/J1 quagmire. Is there any way I can get an EAD by then? I know that after she becomes a citizen, I should be able to get EAD but what happens till then? Can I tell the residency directors that I WILL get an EAD AFTER my wife becomes a citizen? Will they be OK with such a vague promise?
Thanx everyone in advance for any suggestions, comments!

Check with the lawyer, I think you can get EAD even when your wife is GC holder. I think if your wife applies for your immigration - GC - you can then apply for EAD.

 

[rosbif]

Staying until wife is US citizen

I came to the US on an L1, which expired a few weeks before I married my wife who had a GC. Legally, I should have left the US when it expired. However, we knew she would apply for citizenship (about 1 year after we were married) and so took legal advice. We were advised not to leave the US, and apply for a GC for me the day she was granted citizenship. This we did. My GC arrived 14 months after we applied (Illinois).

Apparently, as a gracious concession (for which I am grateful), once you apply for a GC as a spouse of a US citizen, your previous status as "out-of-status" is forgiven, provided you entered the country legally (and some other cabveats). However, if you leave the US during the time you are OOS (even if they mistakenly grant you advanced parole) you may be denied re-entry from 3-10 years depending on how long you were out of status.

So, stay in the US and don't leave til you have your GC. Of course, you are not legally entitled to work during you OOS time.

This is my experience and opinion only. You must consult a lawyer for expert advice

Regards