J-1 Student AOS and Visa Expiration Restrictions

[zmay777 0]

Hey Everyone!

So I'm about to embark on the I-130 AOS journey, but I have a big question in regards to visa restrictions.

My fiance and I met in Japan and have been dating for 2 1/2 years. Earlier this year in May I returned back to the USA to start graduate school, and shortly after she began studying abroad in the USA in an entirely different state on a 1 year J-1 student visa. Now here's where the trouble comes in. Whenever we both had our school breaks/holidays we would of course meet up, and well, in the process we ended up getting pregnant! So now we are going to get married this month and then we will begin our I-130 process, but my question lies in the J-1 visa restrictions. We don't have the HRR waiver problem, but once we are married and she finishes up her fall semester in the next month or so, she intends to move in with me at my home in my state and stop going to school are her exchange location. So my question is, would this create any problems with the validity of her J-1 visa while we are waiting on the I-130 to process? If she stops going to school full time that would invalidate her J-1 since she wouldn't be taking her necessary class load, so would that create any problems for us in regards to filing the I-130? Would she be forced to leave the country if she stopped going to school, even if we have filed for the AOS? I'm not very familiar with this AOS process for students, so I appreciate the help in advance!

[Boiler 43,634]

I see no problem.

[Cheezees 1,514]

Would she be forced to leave the country if she stopped going to school, even if we have filed for the AOS? Nope! I'm not very familiar with this AOS process for students, so I appreciate the help in advance!

Congrats on the pregnancy and upcoming nuptials!

[zmay777 0]

Thanks for the quick replies guys!! We'll do our best

As I looked over the checklist for setting up the I-130 packet, there was one other things that piqued my interest as well, and that was the portion of the checklist #7 which says that you need...

7.

A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

Now this says and/or, so does this mean that if we don't have her birth certificate, it's okay to use her passport instead? Obviously she's here in America now so she cannot go back to Japan to go and get her birth certificate, so we only really have the passport option left for us. If we don't have hers should we just write a note about why we don't have it or something?

[Elf 146]

Now this says and/or, so does this mean that if we don't have her birth certificate, it's okay to use her passport instead? Obviously she's here in America now so she cannot go back to Japan to go and get her birth certificate, so we only really have the passport option left for us. If we don't have hers should we just write a note about why we don't have it or something?

You're going to have to get a copy of her birth certificate anyway, because it's required for the I-485. If you're requesting it from an official source in Japan, I suggest getting multiple certified copies because you'll definitely need more of them before you're finally done with US immigration.

[zmay777 0]

I see... I don't think there's any way to get a birth certificate from Japan without actually being there in person to get it from the the local municipality office where you were born. Is there really no way to get around this at all without actually having to go back to Japan to file the paperwork in person?

[Boiler 43,634]

Why does she not have one that can be sent over?

[zmay777 0]

Well the issue isn't that she doesn't have one, but rather that her family is opposed to our marriage and living in the U.S. and such, so they are unwilling to send us the necessary documents out of opposition.

[Elf 146]

A bit of digging with Google suggests that what you need is a copy of the koseki touhon or family register, and that a translation of that is acceptable as the equivalent of a birth certificate for Japanese immigrants.

Several different sites suggested that copies may be available by mail, depending on where in Japan your fiancee was born. They suggest checking the website of the municipal government where her koseki is registered, which may have details on how to get a certified copy of the koseki by mail although she might have to call them for details of fees and postage costs. Presumably she will know how to find the right municipal government site, so if it has any information about getting copies of a family register maybe the two of you can start from there?

Here's an example of the request form for a koseki from the city of Yaizu, to give you some idea of what to expect.

Alternatively, there are apparently agencies that will acquire a copy of the koseki for you. I've no idea what they charge but I doubt that it's cheap.

That's all based solely on what I could find via Google and subsequent links. You might want to try asking on the Asia: East and Pacific subforum whether anyone has personal experience with getting copies of their family register without traveling to Japan to do so.

Edited November 3, 2015 by Elf