Question about applying for AOS

[samurai_girl 0]

My wife is Japanese, and her and I decided to marry while she was still under her F1 visa. We didn't think it would be a problem, so shortly after we married (and before we decided to apply for an aos), she went to Japan to visit her family before the Fall semester started.

I was waiting to apply for her green card until I found a decent job with good benefits (which I did), but now the International Institute in my hometown is telling me that my wife has to go back to Japan to change her visa status. This is all because she came back into America on an F1 visa after we were married.

So... what do you think? Are they correct, or should we file for a AOS ourselves and take our chances? Neither of us really want her to go back to Japan, especially if that means missing school.

I apologize if this topic has already been covered. I searched, but couldn't find anything relating to this.

Thanks!

[sjoefl01 1]

She probably should have been denied entry at the POE since you were married. If I am not wrong I think you can still adjust status here. The fact that she returned illegally should not prevent this. Tell her not to leave again until you have adjusted even and don't trust an AP. Just stay until she has the green card.

[Kez/JWolf 6]

I think you should make an appointment to see an immigration lawyer... yes it may be possible for your wife to remain and do AOS but you need good sound advice regarding your own situation... not general advice...

Good Luck

Kezzie

[tomica52 0]

Not true. She can easily adjust from F-1. That is what I did. You need to file I-130, and I-485 (and adavanced parole, and EAD if she wants to work and travel while you are waiting for AOS). It is not complicated, and if you have any further questions feel free to PM me.

Alex

[Addie_Goodvibes 0]

As long as she is currently in USA file for AOS ( I-130, I485, I693

AOS web link

, she Should not Leave until she has GC in hand otherwise she could be denied and banned for 5+ years.

Where in Japan is she from?

My wife is Japanese from Miyazaki ( Obi to be exact.)

let me know if you have any questions

Birth Cert. translations ect..

she will need to get a copy of her Koseki Tohon

see attached documents specific for AOS Japanese

see attached documents specific for AOS Japanese

Koseki_translation1.doc

Konin_todoke_Juri_Shomeisho.pdf

Konin_yoken_gubi_shomeisho.pdf

xlationcertofmarriage.pdf

AOS_Filing_costs.doc

Edited August 18, 2006 by Addie_Goodvibes

[samurai_girl 0]

Thank you all for the help!

She's from Saitama, to answer the last post.

We were a bit depressed when the International Institute told us she'd have to go back to Japan. Now it seems there's some hope, although I'm sure it might be a little scary for her to literally be stuck in America until she gets her GC.

Thank you all, again.

[dxv 0]

I was waiting to apply for her green card until I found a decent job with good benefits (which I did), but now the International Institute in my hometown is telling me that my wife has to go back to Japan to change her visa status. This is all because she came back into America on an F1 visa after we were married.

In my opinion (and it's just my opinion) - they are completely incorrect.

The fact that she got married to you has nothing to do with her status - remember, AOS is not mandatory. In other words, she could have married you and never apply for AOS. Of course, in that case she would have to leave the country or find another way to legalize her status once F1 status expires.

I was on F1 visa, got married, filed for AOS and we are having an interview for GC on Tuesday. In the meantime, I received Advance Parole and EAD.

Your wife's case is only different in the part where she actually travelled after you got married. Again, her F1 status and the legality of her last entrance into US has nothing to do with here just being married to you, prior to her trip. Before you file for AOS, she is in F1 status, and that was the visa she was supposed to use when she came back - just like she did, as you are saying.

p.s. once you apply for AOS (or simultaneously), apply for Advance Parole document. Once approved, she would be able to travel, so she won't be stuck waiting for GC.