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Mexican Citizen Married to U.S. Citizen, Applying for J-1 Visa

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  • 12-01-2009, 12:17 PM
    coastallinguist
    Mexican Citizen Married to U.S. Citizen, Applying for J-1 Visa
    I am an american (born) citizen married to a Mexican national.

    She currently has a "Laser" (b-1/b-2) tourist visa that she uses to come visit me.

    We have been married over a year and a well documented relationship spanning over 6 years. I lived in her home city for the year prior to and the year following the wedding.

    She was recently admitted to a PhD program in Arizona and awarded a full-ride scholarship from CONACYT (the Mexican National Council of Science and Technology) and will be applying for her J-1 Visa very shortly. She has received all her SEVIS documents from the school and this is our last hurdle to clear.

    That said, upon her being awarded the scholarship, I began looking for employment in Phoenix which (to my surprise) was actually quite easy. When I was offered a job I took it and moved here ahead of her.

    She has never been denied entry into the country, previously held a student visa when she visited my alma mater as an exchange student working on her BA, and the only thing we can think of that would cause any trouble for her in being granted a visa here is that she is married to me, a US citizen. The visa she will be applying for has a 2 year foreign residency requirement which is fine since we already intended to return to Mexico upon her graduation. We do not intend to apply for her residency until she is near completion of the 2 year stay.

    The question for us is... will it be a problem? Considering that if our goal was for her to come live in the US we would simply follow the appropriate immigration channels... our goal is for her to complete her doctoral studies and to do so at a school that will allow us the mobility for her to work wherever we choose to live without issue later on in life and to do so as cheaply as possible. For that reason and that reason only have we chosen this location as it allows me to earn and save in dollars and she is able to study for what amounts to almost nothing.

    Should there be no problem? Or should I go to her appointment with her in Guadalajara/Monterrey? Send an affadavit expressing that there is no intent to immigrate as she HAS to return to Mexico to pay off her scholarship? Get a lawyer? Relax?
  • 12-03-2009, 08:25 AM
    Mr. Knowitall
    Re: Mexican Citizen Married to Usc Applying for J-1 Visa
    Could your marriage inspire questions about intent? Yes. Given the history you describe, is it likely to prevent her from obtaining a visa (assuming adequate ties to her nation of origin)? No. (But I can only speak to the odds.)
  • 12-03-2009, 11:08 AM
    coastallinguist
    Re: Mexican Citizen Married to Usc Applying for J-1 Visa
    Our hope is that her documentation of her land ownership, spotless immigration record (except a recent scuff with customs when she had tamales with her), offer of employment upon completing the degree, 2 year requirement on the scholarship/J-1 and MY previous work history in Mexico will be adequate to show that she has no immigrant intent.
  • 12-17-2009, 09:34 AM
    coastallinguist
    Re: Mexican Citizen Married to Usc Applying for J-1 Visa
    Success. Awarded her J-1 Visa even though she's married to a gringo!
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