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Immigration to the US during the COVID-19 outbreak

Discussion in 'Family Immigration, Fiancee & Marriage Visa' started by rmac82, Apr 2, 2020.

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  1. rmac82

    rmac82 Law Topic Starter New Member

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    I am a US citizen who has been living in Japan for the past three years. I am currently seven months pregnant, and plan on returning to the US to give birth. I would like to bring my partner, a Japanese national, with me so he can at very least be present for the birth.

    Upon contacting the US Embassy, I was told that due to the COVID-19 situation, they are currently not issuing visas, and are unsure when they will be able to resume doing so, therefore the only option for my partner and I currently is for him to visit the US on the visa waiver program.

    My partner and I plan on marrying, but wanted to know the best way to go about this. Is it possible to apply for a spousal or fiance visa while he is already in the US as a tourist, or would he need to return to Japan first? We are just trying to find out the best and most appropriate way to go about this.

    Thank you for any advice you can offer!
     
  2. army judge

    army judge Super Moderator

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    I suggest you direct ALL your immigration related queries to the US Embassy, not strangers on the internet.

    In fact, I doubt that any airline will allow you to fly.

    You'll be giving birth to your baby in Japan.

    Why?

    From the seventh month of pregnancy forward the physical burden of carrying the baby increases.

    The longer the pregnancy continues the higher the chance that labor will occur.

    For this reason most major airlines will not allow pregnant women to travel after 34 weeks (this includes the return flight!).
     
  3. rmac82

    rmac82 Law Topic Starter New Member

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    Okay. Well, the airline will actually allow me to fly until 36 weeks, but yes, I get it.

    I have spoken with the embassy, just wanted further advice or information and thought I might get it on a legal forum.

    Thanks.
     
  4. justblue

    justblue Well-Known Member

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    The advice you received on the other site was very good. Also keep in mind that immigration is kind of suspended for now due to the Covid-19 outbreak. If you wish for the childs father to be there for the birth you will need to stay in Japan. IMO that would be the best thing for the baby as well. Newborns are susceptible to the virus....sadly a 6 week old baby in CT. died yesterday from the virus.
     
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  5. rmac82

    rmac82 Law Topic Starter New Member

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    Thank you for your advice. Yes, we are going to prepare for the possibility we might have to go through this in Japan rather than in the US due to all of the uncertainty. I also read about the infant death. :(
     
  6. army judge

    army judge Super Moderator

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    The length of a human pregnancy can vary naturally by as much as five weeks, according to research published online in the journal Human Reproduction.

    Women are given a date for the likely delivery of baby that is calculated as 280 days after the onset of the last menstrual period.

    Yes, in addition to earning my JD, I also earned my DO in a joint law and medical degree program.

    I've never practiced medicine after completing my internship.

    I have also retained my right to practice by staying current on CLEs and other certifications.

    You might wish to discuss any travel arrangements with your attending physician.
     
    hrforme likes this.
  7. flyingron

    flyingron Active Member

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    As I told you on the other forum. You can not apply for a K-1 if he is in the US. Further, if he comes to the US as a tourist with the intent to stay, he is committing immigration fraud (and perhaps won't even be admitted to begin with if he's honest about his intent).

    As I told you, there might be other options, but it would take an immigration attorney to look at the entirety of the issue. Further, travel in both directions (here to Japan and vice versa) is highly restricted right now (and the government is operating even slower than normal).
     
    army judge likes this.
  8. Highwayman

    Highwayman Well-Known Member

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    Wow.
     

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