EAD for would be citizen's spouse!

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drdkumar2

New Member
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! :)
 
No residency program can accept you with a vague promise. They would be commiting a violation of labor law by accepting a person without permission to work in the US.
You still have time, you can sit for USMLE step 3 and try for a H-1 visa. However, if you go that route your choices will be limited, the better (read University based) residency programs do not generally sponsor for a H-1 visa. You would be better off waiting till your wife obtains citizenship.
 
drdkumar2 said:
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! :)
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Since your wife is a PR she can file for your adjustment of status and apply for EAD. Citizenship is not required.
 
I believe that is not correct. As a spouse of an LPR an I-130 would need to be filed for you, the wait for which is currently around 3-4 years. Only after that clears and you get a visa number can you file for a 485. OTOH as a spouse of a citizen your I-130 and 485 can be filed together without needing to wait for a visa number. This is what was told to me by USCIS since I'm the same boat.
But if anyone can dispute that, please correct me since right now I'm waiting and waiting for my wifey to become a citizen and will deserve a swift kick on my rear if my waiting is in vain :)
 
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