J1 scholar married to US citizen

[ArikK 0]

Can this situation be so unusual? I haven't seen anything like it on the forum. I am a US citizen who hasn't lived in the States since a child. Now I'm all grown up, married (to a non-US citizen) with five children (non-US citizens), and going to do a two year postdoctoral fellowship in America. All of our non-American friends get J1 visas for their postdocs, and J2s for their families, but I can't bring my family on a J2 because I don't need a J1!

Fortunately, the university in the States has offered my wife an (unpaid) visiting professorship, so she can apply for her own J1, and bring the kids on a J2. But everyone is telling us that the embassy might still deny her the visa because she's married to a US citizen and so is a "risk for intending to immigrate". This is despite the fact that we own our own house here, my wife has tenure in her current senior position (from which she's taking unpaid leave of absence), we have two older sons staying here - both serving in the army - and our third son (coming with us) has to return in three years for his military service too. Plus I haven't lived in the States for over 40 years and have no immediate family there. The university also said that my salary does not necessarily count for financial support for the purpose of the J1, so we have to show we have enough savings to support my wife and kids for the two years.

Although this all sounds ridiculous, she has her visa interview this week and we want to make sure she brings all the documents to convince the embassy of the obvious. Does anyone have any advice? Do we need to bring proof of all these ties (copies of our sons' call-up papers, title deeds to the house, etc)?

[Harpa Timsah 13,258]

The ability to immigrate doesn't translate to the definite intent to immigrate, so I think whoever you are talking to is getting overly paranoid about it. Your strong ties abroad, clear finite purpose in the US, and high education level will go in your favor.

However, it is true there is a chance of denial. We can't know what chance, because it is a subjective decision based on the totality of your circumstances.

If that happens, you can always apply for their Greencards. When you are done with your postdoc, you can move home and relinquish the cards. This will be more expensive, but it should be fairly fast, because you are currently abroad. Petitions filed when the petitioner is abroad have been lately going through an automatic expedite process. If it comes to this, I can link you to a thread about it with people's experiences.

Regarding what to bring to the J-1 visa interview, bring all of it just in case. They probably won't look at it, but if they want to, it's best to have it.

Good luck.