questions about wife of American Citizen applying for J-1

[arted]

Hi: My wife is Finnish and I am a US citizen. We married last summer and I have 3 stepchildren. My wife is planning to come to the US with the kids for one year (starting in July), as a visiting scholar. She is a professor like me in the same field and will complete her PhD in my department. My institution is inviting her and a colleague is sponsoring her. She and the kids do not plan on staying beyond the year. The kids have their biological dad here, she has work and a house. The embassy here suggested an immigrant visa for all, but they do not intend to live in the US, and the cost is prohibitive for the visas. So, we are going through the J-1 route for her and J-2 for the kids.

I have a few questions: Has anyone else dealt with a similar scenario (spouse of US citizen applying for J-1)? Does anyone have insight as to the likelihood and or difficulties of this process? And, does anyone know of specific documents necessary to demonstrate that they will be returning to Finland (which is the case)?

Any experiences or advice is appreciated.

K

 

[BigJoe5]

Well, it is downright strange that someone who could easily obtain a greencard would opt not to and instead obtain a visa that may likely cause them to become ineligible for a greencard in the absence of fulfilling a two year home residency requirement or obtaining a visa. That said, the oddity will, unto itself, cause everyone who has to deal with it to scrutinize it. They may be delayed at each step, as the goodhearted government workers will repeatedly feel the need to inform them of the seemingly stupid mistake that they are making. Each and every time that they reaffirm that they were already aware of the odd appearance, the U.S,. government will double check security clearances and background chacks for accuracy and go even further to procatively search for any type of alert or look-out in additional systems.

Once all the extra delays are waded through, there is no reason that this odd choice would be denied. I hope none of those stepchildren decide that they would like to stay in the U.S. or fall in love and marry or try for a job in the U.S., because of the prohibition against adjustment or obtaining an H1-B visa IF they are subject to INA 212(e).

 

[arted]

Well, it is downright strange that someone who could easily obtain a greencard would opt not to and instead obtain a visa that may likely cause them to become ineligible for a greencard in the absence of fulfilling a two year home residency requirement or obtaining a visa. That said, the oddity will, unto itself, cause everyone who has to deal with it to scrutinize it. They may be delayed at each step, as the goodhearted government workers will repeatedly feel the need to inform them of the seemingly stupid mistake that they are making. Each and every time that they reaffirm that they were already aware of the odd appearance, the U.S,. government will double check security clearances and background chacks for accuracy and go even further to procatively search for any type of alert or look-out in additional systems.

Once all the extra delays are waded through, there is no reason that this odd choice would be denied. I hope none of those stepchildren decide that they would like to stay in the U.S. or fall in love and marry or try for a job in the U.S., because of the prohibition against adjustment or obtaining an H1-B visa IF they are subject to INA 212(e).

Thanks for the comments, Big Joe. It is actually not strange at all, since 1) the stepchildren are all minors, 2) the biological dad does not want the kids to move to the US (for more than the one year), 3) my wife has no intention of moving to the US anytime in the near future, 4) we are not interested in paying thousands of dollars for visas we do not want or need, and 4) I have a resident permit for Finland and may move there with them after the year, depending on job availability. What is so annoying about the entire process, as you point out, is that the State Department and so many others assume that all citizens (other than US) want so badly to move to the US-to abandon their home country and all family ties. i don't know what your experiences are, but I don't see flocks of Finns running to the embassy to lie their way into the US.

At any rate, I hope you are incorrect in your assessment. Clearly, there is no intent to immigrate. There is a contract with the biological dad, work contracts, mortgages, etc. I hope we don't go through the ringer, as you suggest. Nevertheless, thanks again for your insight.
k