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Most types of nonimmigrant visas are subject to the presumption of immigrant intent under INA 214(b), where they must presume that you are an intending immigrant (i.e. you intend to immigrate on this visa), and thus ineligible for the nonimmigrant visa, unless you convince the officer otherwise. And having a petition from a US citizen spouse would certainly ...


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At the time, I asked my University, and they answered: My instinct is to answer yes …. The U.S. considers the J visa as a non-immigrant visa and the H-1B as a dual intent immigrant visa. Thus, they don't consider you residents. So we answered "Yes", considering that our principal place of residency is France (even if that is not where we were living, ...


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