Hello. I am a French citizen, in the States until May 2012 on a B2 visa, doing clinical rotations as part of my last year of medical school. I will hopefully start residency in July 2012, on a J1 visa. However, my wife and I are expecting a baby due in May 2012... I would like to be next to her in her last months of pregnancy, and therefore would like her to have the baby here. Would that be considered an Immigration intent when applying for J1? The other option would be to have the baby in France, but that would mean I will have to be away from her the last 2-3 months of pregnancy.Thanks
Your J-1 visa will be adjudicated on its merits, separate from your wife's pregnancy. Once the J-1 is approved, your wife can then apply for a J-2, and her pregnancy should not be a basis for denial. There is always room for consular decisions to go away from the norm, and it is possible she may have difficulties with the visa, but she should be able to expect that she will be granted J-2 status.
Would you advise her to adjust to J2 in the US then, or go back to France for that reason?
If she is here now on a B visa, and the timing seems such that you will have the J visa before it seems likely travel would be difficult for her, staying here and filing to change status from the B to the J will make the most sense for her.
Experienced immigration attorney.
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