info requested from the gurus

jackpot007

Registered Users (C)
I'm an Indian physician doing J-1 waiver in an underserved area on H-1. I recently met a girl who came to the US to take CSA. If we get married, is it posiible to change her status to H-4 without any problem. Is getting F-1 for her an option. Any advise will be highly appreciated.
Thanks
 
> I recently met a girl who came to the US to take CSA.

Is she on a B2 visa ? How long would it be between her entering and you guys tying the knot ?

> If we get married, is it posiible to change her status to H-4
> without any problem.

You should be able to file a change of status request. Just be sure that you don't get married too close to her entering on B2. USCIS could say that she had the intent to marry you before she came, invalidating her B2 retroactively.

> Is getting F-1 for her an option.

Well, you are making some money. You could enroll her in a MPH program, or even community college (she can get a forklift operators certificate or something).

Advantage of an MPH would be that she could get employment authorization through 'OPT' at the end which would allow her to start her internship until your GC is through. (and also programs love their MPH's, it is a competitive advantage in the residency search).

Also, you could file a 'national interest waiver for physicians' I140. This would allow your wife to file an I485 and employment authorization even before your waiver period is up. She could start her residency on EAD.
 
thanks for the input,hadron

Thanks for the reply.
She has a visa only for one month period.
Is it too early to tie the knot?
Other option I was thinking of having her go back to India and have her apply for F-1 from there. What do you think of the success rate for that.Are you aware of any University or program on the west coast whose success rate of getting F-1 for its candidates is higher.
It is amazing how our lives are affected by the inconsiderate and unfair rules of the INS.
 
I am no expert on family immigration (and all but an educated layman on employment based immigration. But it is my understanding that CIS can give her a lot of problems if you get married too early after she enters the country on B1/B2.

If you want to bring her back on a F1, it is wise to NOT MENTION AT ALL THAT ANY SORT OF LOVE INTEREST IS INVOLVED HERE. Somehow CIS and the consulates are really love-phobic. The reason for their phobia are the thousands of people who have abused the system.

The problem with getting F1s is rarely the institution. Denials usually revolve around ability to pay and 'attachment' to the home country.
 
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