Japanese National in the US under the VWP planning to marry...

M

mingaling

Registered Users (C)
My fiance from Japan has about 25 days left of the 90 allowed her under the VWP. We have decided to get married and would like to know what our options are.
  • Is applying for a K-1 our best option?
  • If the situation were reversed and I was in Japan for 2 months I could have already married her and taken her back to the US?
  • Since she is in the US under the VWP would it be ok to still file for a K-1 while here?

Thanks for your time!
 
A1: Yes
A2: That depends. Is DCF an option through a US consulate in Japan?
A3: Yes, a K-1 can be filed while she is here. Just make sure she leaves the US before her I-94W expires.

mingaling said:
  • Is applying for a K-1 our best option?
  • If the situation were reversed and I was in Japan for 2 months I could have already married her and taken her back to the US?
  • Since she is in the US under the VWP would it be ok to still file for a K-1 while here?

Thanks for your time!
Click to expand...
 
Side question: I heard that children born to parents in the country on the VWP do not become US citizens automatically. I find this hard to believe. Is it true?
 
Thanks for the reply!!!...

I have a few more questions that you guys might be able to help me with.
  • Is there a delay between visits under the VWP or can she leave the US and come back a month later?
  • She is under the impression she has to send her Visa to the Consulate in order to complete the K-1 process in Japan. She also heard they hold the visa for as long as several months?!
  • If we file for the K-1 and later decide to not get married does it hurt my chances of getting a K-1 to pass in the future?

Thanks guys I appreciate your consideration!
 
cafeconleche said:
Side question: I heard that children born to parents in the country on the VWP do not become US citizens automatically. I find this hard to believe. Is it true?
Click to expand...

NO! It is NOT true. Only a narrow group of folks who are born to either people under diplomatic immunity (including visiting sovereigns) or invading enemy aliens are not USC's at birth.
 
mingaling said:
I have a few more questions that you guys might be able to help me with.
  • Is there a delay between visits under the VWP or can she leave the US and come back a month later?
  • She is under the impression she has to send her Visa to the Consulate in order to complete the K-1 process in Japan. She also heard they hold the visa for as long as several months?!
  • If we file for the K-1 and later decide to not get married does it hurt my chances of getting a K-1 to pass in the future?

Thanks guys I appreciate your consideration!
Click to expand...

Do you two have your hearts set on a big wedding in Japan? You can just get married here and file an I-130 along with her I-485 etc... (adjustment packet) before the 90 days expires and get can get a greencard without having to leave the U.S.
 
We will have plenty of time after marriage to make arrangements for a Japanese ceremony. If this is accurate then you will be saving us a lot of unnecessary costs and frustrations :). At least it is something to get more information about! Thanks!!
 
BigJoe5 said:
NO! It is NOT true. Only a narrow group of folks who are born to either people under diplomatic immunity (including visiting sovereigns) or invading enemy aliens are not USC's at birth.
Click to expand...

Yeah I thought so. Very few people around me know more about immigration than I do :) Of course, on this forum, I am but a mere apprentice.
 
Wait so we can get married even if she is not a US citizen and then just file to have her come here as my spouse lol. I always thought we both had to meet certain resident status requirements in order to marry legally in the US...
 
mingaling said:
Wait so we can get married even if she is not a US citizen and then just file to have her come here as my spouse lol. I always thought we both had to meet certain resident status requirements in order to marry legally in the US...
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Let's backtrack a bit....YOU have asked about filing for a K-1 (Fiance of a USC). So, you are a USC, right? Assuming the answer is yes, then the laws governing marriage are within the authority of the individual States.

Some states have NO waiting period, some do, some have minimum ages as low as 13 with parental consent, others make you wait longer, some have a blood test requirement, the individual circumstances vary greatly, check locally. You can always fly to Las Vegas and get married by an Elvis impersonator!
 
Quick question about the I-485... I am looking at processing times here in California and it appears the I-485 can take 6months or longer. If this is the case then how does this help my fiance stay in the US? So even if we get married, file our I-130, and file our I-485 she would still have to leave the US so she is not in violation of her 90 days? I do not see how this is any different then a K-1 other then that would require us to wait to get married...

Thanks for the help guys!!
 
Once I-130/I-485 is submitted, the applicant can stay in the US until it is adjudicated. Having said that, USCIS is now very strict when dealing with AOS applicants who entered the country on VWP. I would advise you to you consdier CR-1/K-1 routes.

mingaling said:
Quick question about the I-485... I am looking at processing times here in California and it appears the I-485 can take 6months or longer. If this is the case then how does this help my fiance stay in the US? So even if we get married, file our I-130, and file our I-485 she would still have to leave the US so she is not in violation of her 90 days? I do not see how this is any different then a K-1 other then that would require us to wait to get married...
Click to expand...
 
Ok well if there is a fair chance she would be denied then I guess the K-1 is the best course of action. In that case should she return under the VWP and once she is here we file the K-1? This way it would give us minimal time apart. Also, I am not aware of any restrictions as far as delays between visits under the VWP. Is there any wait time between traveling? Also, why is it not possible for her come back while we are filing the K-1? Is it due to her needing to relinquish her passport for processing?

Thanks
 
mingaling said:
Ok well if there is a fair chance she would be denied then I guess the K-1 is the best course of action. In that case should she return under the VWP and once she is here we file the K-1? This way it would give us minimal time apart. Also, I am not aware of any restrictions as far as delays between visits under the VWP. Is there any wait time between traveling? Also, why is it not possible for her come back while we are filing the K-1? Is it due to her needing to relinquish her passport for processing?

Thanks
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No, she can't do a change of status to a K-1 visa. It must be done abroad. The real legal hurdle to adjustment would only kick if she filed the I-485 (along with your I-130) AFTER the 90 days are expired.
 
Oh ok hmmm. Lots to think about :). She is past the 90 days but it is because she has been granted an additional 30 days (courtesy given to Japanese citizens due to current events) and it was approved by the USCIS so I assume that will not be an issue :). Ok thanks everyone I really appreciate all of your help!

Cheers
 
mingaling said:
Oh ok hmmm. Lots to think about :). She is past the 90 days but it is because she has been granted an additional 30 days (courtesy given to Japanese citizens due to current events) and it was approved by the USCIS so I assume that will not be an issue :). Ok thanks everyone I really appreciate all of your help!

Cheers
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In that case, she is STILL eligible to file. She DID show up at a USCIS Office to get something about the extension in her passport, right?
 
Yes it is an official extension :). We certainly do not want to cause any delays ;). If we file the paperwork ourselves and it is close to the end of the extension how do we get confirmation she does not need to leave the country? Is it safe to assume that since we have a legitimate marriage that once we file the I-485 she can stay?
 
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