Q: Hi, I'm married to a US citizen but lived in Europe. If I get an European scholarship for postdoc, can I still apply J1?
My spouse is a freelancer living in the US. And I'm currently an immigration in Europe, planning to apply for permanent resident in Europe when my current one expires, which will be after I get the scholarship. Will the J1 still be possible? I plan to go back Europe after postdoc, so I don't want to apply for CR1. Edit: I forget to mention the scholarship is for Postdoc in US for two years, meanwhile I receive salary from the European university.
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A:
You can still apply for a J-1 visa even if you receive a European scholarship for your postdoc. The J-1 visa is designed for temporary exchange programs, including research, and your intent to return to Europe after your postdoc is consistent with the visa's non-immigrant purpose. Your spouse’s status as a freelancer in the U.S. won't negatively impact your J-1 application.
Your current immigration status in Europe and your plans to apply for permanent residency there do not prevent you from pursuing a J-1 visa for temporary work in the U.S. You will need to demonstrate your intent to return to Europe after your postdoc, which aligns with your goal of not applying for a CR1 visa.
As long as you meet the program requirements and show that your stay in the U.S. is temporary, you should be eligible to apply. Your situation doesn't disqualify you from pursuing this opportunity.
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