• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Applying for a visa while already in the US as a tourist?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rmac82

New member
I am a US citizen currently living in Japan. I am seven months pregnant and plan on returning to the US to give birth. I would like my partner, a Japanese national, to be able to be with me during the birth. Unfortunately, per the US Embassy, we are unable to get a visa for him at this time and no time in the immediate future due to the COVID-19 situation.

My question is, if he comes to the US as a tourist with a 90-day stay, is he able to obtain a visa (K-1 or spousal) while he is already in the US, or would he have to return to Japan prior to applying? Any advice on the best way to go about this? Any help is greatly appreciated; thank you!
 


FlyingRon

Senior Member
You should consult an immigration attorney. There are two problems with your proposed plan.

1. You can not apply for a K-1 if you are already present in the US.
2. Entering the US on a visitor visa (or in the case of Japan on the VWP), with the intention of NOT leaving will result in a denial of entry (if he's truthful) or be considered immigration fraud (if he lies).

If you intend to marry, your best bet would be to get him a K-1 while he is outside the US and then adjust status once you are married.

There may be other solutions, but they would take more information than we have here and the attorney can advise you.
 

rmac82

New member
You should consult an immigration attorney. There are two problems with your proposed plan.

1. You can not apply for a K-1 if you are already present in the US.
2. Entering the US on a visitor visa (or in the case of Japan on the VWP), with the intention of NOT leaving will result in a denial of entry (if he's truthful) or be considered immigration fraud (if he lies).

If you intend to marry, your best bet would be to get him a K-1 while he is outside the US and then adjust status once you are married.

There may be other solutions, but they would take more information than we have here and the attorney can advise you.
Thank you for your thorough response. And yes, I wasn’t sure if what I’d mentioned was even possible or legal. We have no intention to do anything that would be considered fraud; we just didn’t know what our options were. We will look into seeking formal legal advice. Thank you again.
 

FlyingRon

Senior Member
I should point out that while the K-1 allows 90 days to get married, as long as he stays in the US after those 90 days, he can still adjust status once you do get married (since he entered legally when the AOS is approved, they will forgive the overstay).
 

FlyingRon

Senior Member
Further, you shouldn't attempt to go to Japan if you are currently in the US. The Japanese government is denying entry for COVID hotspots like the US.
 

rmac82

New member
It may be moot judging by how many flights from Japan to the US have been suspended and I believe that only US citizens are allowed to return.
As a precaution it would be wise to make alternative arrangements to have your baby in Japan, as your partner may be unable to get any sort of visa..
https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html
Thank you for your reply. Yes, I’ve been receiving prenatal care here in Japan so I do have arrangements here, in case. Given the circumstances, it may well be the best/only option.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top