mmhullster
New Member
Here is the situation:
My fiancee is a Japanese citizen working in America with a J1 visa
(no two-year ban). I am a US citizen working in Japan. I have been
here for two months, and I plan to remain for another four months.
Then I will go back to America. My fiancee and I will marry in
October of this year. She wants to quit her job soon, but to remain
in America.
My understanding of our options - is this right?? (I think most of this was found
assuming no legal representation):
I can apply for a K1 visa before we get married or a CR1 visa after we get married. I could apply for Adjustment of Status after we are married, but I have been advised that AOS is too risky to try without a lawyer. The K1 visa is a few months faster, but it is not granted as leniently as the CR1 visa. I've heard mention of something called a DCF that is very fast which I would do with her at the US embassy in Tokyo, but I don't really understand what it is - is that something that can only be done with a lawyer? Does the DCF result in obtaining a CR1 visa?
Neither visa requires that my fiance/ wife be living in Japan, just that she attend the interview in Japan. So with either path she could continue working in America with her J1 visa until her K1 or CR1 interview in Japan. If, on the other hand, we could go the DCF route, then she would need to be present for the presentation submission as well the interview some weeks later. So with the K1 or the CR1, she could fly to Japan just for the interview and one week later, she would be granted the K1 or CR1 and her J1 would be nullified. She would then be free to enter the US and stay as my wife or fiance.
Alternatively, she could leave America earlier and be living in Japan during the time that it takes for the K1 or CR1 visa to be processed.
I can only begin applying for the CR1 after we are married in October. I can apply at either the US embassy in Tokyo or in Washington DC (where we live). However, to apply to the embassy in Tokyo, I need to be living in Japan for at least six consecutive months to begin the application (in other words, I can't do it right now, I need to wait
four more months, which means I'd need to extend my stay here).
To apply to the embassy in Washington DC, I need to be living in Washington DC (so I'd again need to start in four months when I'd move back home, not right now). On the other hand, I've heard it mentioned that I could, actually, file state-bound (for the K1, specifically), even while I am still here in Tokyo. Is that only possible with a lawyer? If so, then without a lawyer, the earliest I could apply for the K1 visa would be in four months, and the earliest I could apply for the CR1 is after we marry,
in October.
We both greatly appreciate any time you can spare on this!
Sincerely,
My fiancee is a Japanese citizen working in America with a J1 visa
(no two-year ban). I am a US citizen working in Japan. I have been
here for two months, and I plan to remain for another four months.
Then I will go back to America. My fiancee and I will marry in
October of this year. She wants to quit her job soon, but to remain
in America.
My understanding of our options - is this right?? (I think most of this was found
assuming no legal representation):
I can apply for a K1 visa before we get married or a CR1 visa after we get married. I could apply for Adjustment of Status after we are married, but I have been advised that AOS is too risky to try without a lawyer. The K1 visa is a few months faster, but it is not granted as leniently as the CR1 visa. I've heard mention of something called a DCF that is very fast which I would do with her at the US embassy in Tokyo, but I don't really understand what it is - is that something that can only be done with a lawyer? Does the DCF result in obtaining a CR1 visa?
Neither visa requires that my fiance/ wife be living in Japan, just that she attend the interview in Japan. So with either path she could continue working in America with her J1 visa until her K1 or CR1 interview in Japan. If, on the other hand, we could go the DCF route, then she would need to be present for the presentation submission as well the interview some weeks later. So with the K1 or the CR1, she could fly to Japan just for the interview and one week later, she would be granted the K1 or CR1 and her J1 would be nullified. She would then be free to enter the US and stay as my wife or fiance.
Alternatively, she could leave America earlier and be living in Japan during the time that it takes for the K1 or CR1 visa to be processed.
I can only begin applying for the CR1 after we are married in October. I can apply at either the US embassy in Tokyo or in Washington DC (where we live). However, to apply to the embassy in Tokyo, I need to be living in Japan for at least six consecutive months to begin the application (in other words, I can't do it right now, I need to wait
four more months, which means I'd need to extend my stay here).
To apply to the embassy in Washington DC, I need to be living in Washington DC (so I'd again need to start in four months when I'd move back home, not right now). On the other hand, I've heard it mentioned that I could, actually, file state-bound (for the K1, specifically), even while I am still here in Tokyo. Is that only possible with a lawyer? If so, then without a lawyer, the earliest I could apply for the K1 visa would be in four months, and the earliest I could apply for the CR1 is after we marry,
in October.
We both greatly appreciate any time you can spare on this!
Sincerely,