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Immigration Issues/Canadian student and US citizen student...marriage?


Dear Sir,
I have a complicated case for you. I am a US citizen finishing studying medicine in Poland this May. I will be returning to California after graduation. My boyfriend is Canadian and attends a Caribbean medical school. He will be doing electives in the US this Spring most likely on a F1 visa. We've discussed marriage in the future, but in our profession many hospitals will not sponsor visas for international doctors, hence we were thinking about getting married in May in California. My questions are:
1. Should we file now for a K-1 for the months of May-June and then tie the knot? Would he be able to study on a K1?
2.Or should he come on a F1 because he will be studying and we marry on it?
Our goal is to get married and help us avoid the issue of visa sponsorship in the Match starting September 2008.


If you future husband is going to be in the US on an F visa and he is going to continue his studies then your getting married a few months after he arrives on his F visa will probably be seen as OK.  If you two are planning on getting married as soon as he enters the US on his F visa then the USCIS might see this as some type of fraud to get around the K visa formalities.  Generally, a waiting period of three months to get married to an F student overcomes the burden.  If your spouse to be enters on a K visa he would be able to attend school and work as well.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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