I-160 Question: Fiance is a foreign medical graduate

[Fluffinhos 17]

Hello VJ,

I have a question regarding one of the questions in Part 5 of form DS-160 in advance of an interview for a K-1 visa.

The question is:

“Are you a graduate of a foreign medical school seeking to perform medical services in the United States but have not yet passed the National Board of Medical Examiners examination or its equivalent?”

My fiance is currently a medical student in Brazil, and will have graduated by the time she interviews. She is moving to the United States primarily to marry and live with me. After she is here, she plans on taking the US Medical Licensing Exams, and applying for a residency in the US. However, she is immigrating for me, not to work as a doctor. Her remaining in the US with me is not contingent upon her eventually working as a medical doctor in the US.

The question appears to be placed to screen out intending immigrant-doctors who may be seeking to circumvent a different visa process than the K-1. We would like to avoid any avoidable bureaucratic BS if possible.

So, how do you recommend she answer that question?

On the one hand, the answer is yes. However, it is neither the primary reason or a necessary motivation for her to obtain the K-1. She is immigrating to the US to marry me, regardless of any specific employment opportunities in the US.

On the other hand, answering NO may look suspicious and also raise red flags, as she will be working as a medical doctor in Brazil at the time of her interview.

Thank you,

Fluffinhos

[Transborderwife 4,666]

Honesty is best overall

[Munny 0]

I am an FMG immigrated coz of my hubby and I answered yes.. Got my visa and preparing for usmle now.. All the best

[Pitaya 2,576]

Agree with Transborderwife.

Answer the question(s) fully and honestly, based upon the situation at that very time of the form completion, not in the future. The DOS Consular Officers will do their due diligence in researching the backgrounds of all visa applicants. Should you try to second guess them or appear to be trying to circumvent the process, you may find yourselves in an untenable position of having no visas available as a result of a possible ban due to attempted fraud.

Good luck on your immigration journey.

[Fluffinhos 17]

I am an FMG immigrated coz of my hubby and I answered yes.. Got my visa and preparing for usmle now.. All the best

Hi Munny,

Thank you for your response. Were you asked about your answer to that question during your interview? Do you have any reason to believe that your answer to that question resulted in any more or less scrutiny than if you had answered it differently?

Best of luck with the USMLE! We hope to be in your situation soon!

Thank you!

[Munny 0]

After consideration and consulting with my husband he says I actually did choose to say NO to the question in filling the form.I think thats the safest and honest answer. Considering she has not graduated yet. I have not yet graduated too. I think the purpose of the question is to ensure that no one has plans to practise medicine in the US without having the proper credentials and licensing. Yes, during the interview I was questioned in detail about the details of my medical school status and if i knew that I would have to take the USMLE in order to practise.

Edited July 25, 2015 by Munny

[Fluffinhos 17]

If it is not clear, the reason for my concern and confusion is that the Foreign Medical Graduate question is immediately following this question:

(A) “Do you seek to enter the United States for purpose of performing skilled or unskilled labor but have not yet been certified by the Secretary of Labor?”

Which is phrased in a different manner than:

(B) “Are you a graduate of a foreign medical school seeking to perform medical services in the United States but have not yet passed the National Board... or its equivalent?”

The answer to (A) is NO, because she is not seeking to enter the US *for the purpose of* labor of any kind, including medical services. (A) is clearly meant to weed out those applying for work visas who are ineligible. (B) is pretty clearly intended to serve the same purpose, but ‘seeking to enter the US for the purpose of’ has been truncated to ‘seeking to perform’, likely just to make the question shorter.

The meaning is different from:

(B’) “Are you a graduate of a foreign medical school seeking to enter the United States for the purpose of performing medical services but have not yet passed the National Board... or its equivalent?”

The answer to (B’) is NO. That is not the purpose of her seeking entry to the US.

My concern was that USCIS computer systems or administrators may be too stupid to understand the nuance between (B) and (B’) and having this result in delays or problems for our case.

The question as literally worded in DS-160 is as relevant to a K1 visa application as a question asking if she ever intends to wear a red dress while in the United States, yet it’s mixed in with obvious horrible red-flag questions like “Are you coming to the US to practice polygamy?”.

[Fluffinhos 17]

After consideration and consulting with my husband he says I actually did choose to say NO to the question in filling the form.I think thats the safest and honest answer. Considering she has not graduated yet. I have not yet graduated too. I think the purpose of the question is to ensure that no one has plans to practise medicine in the US without having the proper credentials and licensing. Yes, during the interview I was questioned in detail about the details of my medical school status and if i knew that I would have to take the USMLE in order to practise.

Thank you!

Yes, of course she is well aware of the various hoops that she will need to jump through before she is able to legally practice medicine in the United States, and will have no difficulty explaining that she is aware of them.

She technically graduates on August 11, so if she is able to get form DS-160 submitted electronically before that date, the answer to BOTH questions (B) and (B') above will be NO- because at the time of submitting the form she will not yet be a foreign medical graduate.

I need to get a case number soon!