B2 visa marrying US citizen before residency

[Time Table]

Need some help, not sure who to reach out to. So my partner's on a B2 visa during her 3rd year. I'm a US citizen. We're looking to get married sometime next April to May, so a couple of months before her residency would start. She would need a J1 or H1B for residency. If we get married at that time, her green card would not come for at least 9-12 months. Would she still have to apply for a J1 visa or can she do residency with a pending green card? We're trying to avoid the 2 year home residency requirement, and trying to avoid the waiver process if possible.

Also, if she doesn't match into EM next year, she would possibly be SOAPing into a different specialty, after which she'd try to reapply EM. During that time, she would have our green card, so if she were to apply to residency again, would she still be on the J1 visa? Could she mark that she doesn't need a visa because she would have her green card by then?

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[s5260205]

You cannot work without a valid work visa, meaning that a pending green card application does not equate authorization to work. However, people typically submit i-765 (EAD application) and i-485 (green card application) together, meaning that she may receive EAD prior to green card, thereby allowing her to work. However, the timing of either is unpredictable, and you should plan around the longest processing time.

I assume that her being on B2 means that she is an IMG. H1 would be the most ideal, as it would allow her to transition to green card without issues (like J1 home requirement). If she has a strong application, then H1 would be the most recommended, though this would also require her having passed Step 3 as IMG (not for AMG), and very few hospitals sponsor H1.

I would advise against going on J1 visa. Probably the best course of action is to get married now to allow for ample time for green card application. I would recommend discussing with an immigration lawyer as well, as you will also need to prepare for green card interview.

 

[NotAProgDirector]

Read the next sentences very carefully:

Do not do anything until you speak to a visa lawyer. And you should do that yesterday.

There are so many ways to screw this up. It's easy to get deported despite trying to do the right thing. The best option is likely to get legally married ASAP, have a ceremony any time you want, and get the GC process rolling. As mentioned if she has an EAD then she's all set.

You cannot be applying for a GC and be on a J visa at the same time, as the J visa is not dual intent. If she actually had a GC application in process and gets a J visa, the GC will be cancelled and she will be unable to apply for one again until after a waiver.

Do not mess around with this. Do not go rush to get married -- it may be absolutely the WRONG thing to do. Get a lawyer. Follow their instructions. Start yesterday.