canadian med student on B1 married a US citizen...advice needed pls!

[chalet 0]

Hi everyone,

I'm a new user of VJ and am very thankful for the mountains of information you all share with each other.

So to share my situation...my spouse and I met in the Caribbean. We both attended medical school there.

My husband is a US citizen and I am Canadian (from Mississauga!)

My school requires us to do 2 years in the Caribbean for basic sciences and 2 years in the US for clinical rotations.

For the past 2 years (since Aug 2008), I have been in NYC doing rotations at hospitals under a B1 visa - the visa my school provided me with.

We got married Nov 7th, 2009. We had a small ceremony in NJ.

We have been working with a lawyer and recently just got all our papers together and are about to send them in (for AOS, EAD, and AP I believe).

I went to Canada for a week in early Dec to visit my family when I had time off during rotations and came back Dec 9th. Our lawyer said he's waiting to file the papers after 30 days so it doesn't look like I am committing fraud? I'm guessing it'll be sent the latest by the end of this month.

But anyways...I have been in NY since then.

The thing is that we are supposed to have a big wedding celebration in Canada on May 23rd, 2010.

Our lawyer is worried that we will be cutting it close when it comes to getting the Advanced Parole document and that we should push the date back to June.

I'm thinking ...should I just wait until I get my green card? I read somewhere that sometimes, even if you have an AP, they can still refuse you into the US.

And that can't happen since I am supposed to start my residency in July.

Has anyone had any trouble getting their AP? Or even with their AP? And how long does it usually take to get the AP and EAD?

Please let me know...I'm kinda freaking out if I should push back the celebration (since there would be many deposits on things to be paid) and if I should take the risk on an AP once I do receive it...

Thank you!

~ a very inexperienced VJer

[VanessaTony 3,567]

The reason for waiting 30 days is because technically it's fraud to enter as a visitor (such as visa waiver program or the Canadian "visitors pass") and marry. However in your case you were already married and entered with intent to stay which also is fraud. By waiting the 30 days your lawyer hopes to avoid the qn of you entering with the purpose of staying, which if you can't prove that your intent was not to stay, you will likely be denied.

In theory the EAD and AP take around 90 days, sometimes even sooner so you should be able to have the ceremony. HOWEVER if you get and RFE's (requests for further evidence) this will slow down the process.

Please check the timelines (links above) to get an idea of how long it's taking at the moment. Good luck.

Edited January 7, 2010 by Vanessa&Tony

[chalet 0]

Thanks for your response.

Another question though...if I returned on my B1 because I still have rotations to complete...is that still considered fraud? I won't be done until about early-mid May.

I hope I won't be denied...but I guess we shall see what happens.

I'll take a look at the timelines as well...thanks!

[SapphireDreams 71]

I'm not sure about your situation regards to the visa and the marriage and then leaving to go to Canada and coming back and the 30 days, but when it comes to immigration more time is always your safest bet. June would probably be a safer bet.

I'm sure others will chime in as well.

I'm also from Mississauga and living in NYC now

[VanessaTony 3,567]

Thanks for your response.

Another question though...if I returned on my B1 because I still have rotations to complete...is that still considered fraud? I won't be done until about early-mid May.

I hope I won't be denied...but I guess we shall see what happens.

I'll take a look at the timelines as well...thanks!

Oh no I didn't realise you still had rotations to complete then no, it's fine You obviously have school and they recognise that I obviously missed the reference to coming back for school (plus in Australia school is closed in late December till Feb ).

Personally I started planning my wedding before I got my visa. I also booked my flight for Sept 12 in February ... long before I actually got the visa. If you want to risk it, risk it. It's up to you. Perhaps you can at least start the planning side. For instance florist quotes and all the rest and ask the locations and the more expensive parts like the location, maybe you can set a tentative date (like a pre-booking) for the date you want and another date for June so you don't lose the place you want. Talk to all your vendors about how much time they need to get stuff together (that's what i did) and then I just finished everything up when I got to the US in September

I know that's unsolicited advice but it's hard planning impt stuff when you're in limbo for so long. I hope the timelines give you good news! At the very least have a plan in place "just in case" because it would be upsetting otherwise. In my case, we got NOA2 THE DAY that I had set my "if I don't get it by now then I'll change my flight" deadline. lol. Meant to be

Edited January 7, 2010 by Vanessa&Tony

[chalet 0]

Vanessa&Tony: I know! It is hard planning things when you're not even in the country!

Luckily I have my family back home helping out...it's still a pretty stressful time with school, the visa, and the party....

I'm glad everything worked out for you...I hope I have luck on my side as well.

SapphireDreams: It's good to know there's another person from Mississauga around here

[chalet 0]

Vanessa&Tony: I know! It is hard planning things when you're not even in the country!

Luckily I have my family back home helping out...it's still a pretty stressful time with school, the visa, and the party....

I'm glad everything worked out for you...I hope I have luck on my side as well.

SapphireDreams: It's good to know there's another person from Mississauga around here