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View Full Version : H1B (on J1 waiver) if I marry can I apply for green card



asxroma
02-13-2008, 09:08 PM
Hi all and thank you for reading,
I am a physician currently doing my J1 waiver of the 2 year home requirement with an H1B granted for the waiver. I have completed 16 months of the 3 years required for the waiver, I live in Florida and initially I enjoyed the job and location. My question is if I happen to marry my fiancee (US citizen by birth/ born and raised in America) will that make any difference at all with my immigration status? (in my waiver time). ie. can I apply for a green card/ permanent residence and obtain it before the 3 year requirement? This way being able to leave my current employer and start my own practice/ switch jobs. I am asking this because I have been with my GF for 3 years and we just got engaged, our plans were to marry in 1 year from now but I am starting to get fed up with the abuse of my employer who is sponsoring me the H1B Visa for my waiver. We may consider getting married sooner by the Law if it changes my immigration/job situation, and later doing a big wedding ceremony. Does it make a difference?
Any input will be greatly appreciated.
Thanks for reading!:)

PraetorianXI
02-14-2008, 06:14 AM
Either you get the waiver or meet the 2 Year HRR, but until then, you can not get approved for a Green Card.

asxroma
02-14-2008, 10:00 AM
Either you get the waiver or meet the 2 Year HRR, but until then, you can not get approved for a Green Card.

I think I did not explain myself correctly. I already have the waiver and have completed 16 months of the 36 months required. I have an H1B already and I will not be going home for the 2 year HRR because there is no point since I have 20 months left in the USA.
Thanks for the reply.

PraetorianXI
02-14-2008, 02:33 PM
If you have met the requirements for the waiver, and it is approved, then you can file for GC based on marriage... Oherwuse, you can not.

asxroma
02-15-2008, 02:04 PM
If you have met the requirements for the waiver, and it is approved, then you can file for GC based on marriage... Oherwuse, you can not.
Praetorian thanks for the replies!

So if I understand correctly since my waiver was approved then I met the requirements to be waived. That would mean that even without finishing the 3 years of the waiver since I am on an H1B, then I can apply/ file for GC when I get married instead of waiting to finish the 3 years...? ...true?
Thanks again for reponses.

PraetorianXI
02-15-2008, 02:24 PM
I am not sure about the requirement of your waiver... but if for the waiver to be accepted you must have worked all 3 years... then you must do so... if only 18 months is enough, then you can apply.