Spouse with different nationality

[nokika]

Hello everyone. I'm from Japan, and new to this forum (btw, I don't see many Japanese people here...where are u guys?)

I know the best is to ask KCC, but as I'm not even sure if I can receive 2nd NL (due to a high CN), I just wanted to have some ideas on how it's going to be like. Here's my situation:

I received my 1st NL for DV2009 in late may with CN AS33XXX. With this CN, the chance of getting called for the interview may be quite low, but IF, at all, I can be lucky to obtain a GC, I would like my long-time boyfriend to obtain it with me.
We didn't have anything concrete yet, but we were thinking to get married eventually. Then this DV thing suddenly came up, so we might want to accelerate our future plan if GC can be a reality.

However, my boyfriend (well, let me call him a "fiancé" rather) is from Europe, so it seems more complicated than getting married to a Japanese man and simply being present at the interview together. To make things even more complicated, he is currently working in USA with J-1 visa, which is applicable to the famous "2-year rule" (for those who don't know what it is - it is an obligation to stay in your homecountry for 2 years after completing the J-1 status in order to apply for any immigrant visa, unless you get a "waiver").

I understand that the first thing he needs to do is to apply for the Waiver. But once he gets the waiver approved, can we simply proceed with the DV process, by sending his documents and our marriage certificate to KCC? Or will there be anything else he needs to do in order to apply for the DV program as my spouse?
Also, I would like to know if we need to prepare a marriage certificate from both countries, or only one from Japanese municipal office would do?
And finally, if we ever get called for the interview...we'll be having it at US embassy in Japan together, is that correct?

Thank you for reading my long post. I would much appreciate any input you could give me!

 

[LucyMO]

But once he gets the waiver approved, can we simply proceed with the DV process, by sending his documents and our marriage certificate to KCC?

yes.

Will he be going through consular processing in Japan? With a number like that he will most likely not have enough time to do AOS.

What is his HRR based on? if it's US govt financing, there is a 99% chance he will not get a waiver.

Also, I would like to know if we need to prepare a marriage certificate from both countries, or only one from Japanese municipal office would do?

you need one marriage certificate from whatever country you are getting married in.

And finally, if we ever get called for the interview...we'll be having it at US embassy in Japan together, is that correct?

it would be the best. I wonder how you are going to prove that your marriage is genuine and has not been entered into for immigration purposes only.

 

[raevsky]

I wonder how you are going to prove that your marriage is genuine and has not been entered into for immigration purposes only.

In some consulates that proof is required much more that in other ones. In consulates in Japan or Western Europe it will most likely be relatively easy to prove that.

However, if he submits DS-230 (and because of whatever reason does not get an immigrant visa, for instance, because of high number), most likely he will not be able extend or change nonimmigrant status or get another nonimmigrant visa.

 

[raevsky]

if we ever get called for the interview...we'll be having it at US embassy in Japan together, is that correct?

Yes, this location is preferable.

9 FAM 42.61 N6 HUSBAND AND WIFE WITH DIFFERENT RESIDENCES
(TL:VISA-3; 08-30-1987)
It would be unusual if a husband and wife resided in different consular districts but applied for visas together. In such an event, it would be preferable for the couple to apply where the principal alien resides, although the residence of the other spouse could be used if more convenient.

 

[nokika]

LucyMo and raevsky, Thank you so much for your advises!!!

In terms of his J-1 visa financing issue, I don't think his case has much problem of getting a waiver. He is working as a high school teacher through a program (called something like "visiting teacher"), but he knows people who actually received waiver with the same program. I'm not sure who is actually paying for the program, but it's nothing like scholarship and he's getting paid by his school district like all other local teachers.

He is from a Western European country with quite low percentage of immigration to US...so I hope they won't be too strict in requesting a proof for our marriage authenticity. We have lots of photos and correspondance from a few years ago to date, though. We met in his home country when I was living and studying there, and we have travelled together to many places. I hope those facts can be convincing enough...

Now I'm concerned about what raevsky has pointed out. As a matter of fact, he was thinking to look for a chance to get a job in US with H-1 when finished his program (it will be until the next June).

Now, do you think it's possible for him to start finding a job in USA after this summer as a regular H-1 seeker?
I don't think our marriage can happen within this year anyway, so perhaps we should wait to get married until my number appears "current" (IF it ever becomes, I mean...)? Or do you think it's too late to turn in his DS-230 and our marriage certificate after May/June 2009? (I suppose my interview would not take place before the summer of 2009, even if I were very lucky to get called...)
Is it feasible to apply for H-1, and then file DS-230 while waiting for H-1 results or even after obtaining H-1 visa? Or would the fact that he appied for H-1 possibly affect our DV2009 approval?

Sorry for my long post once again. Hope someone has some thoughts on these points. Thanks a lot in advance.

 

[raevsky]

I hope those facts can be convincing enough...

You have a disadvantage. For isntance, http://www.visalaw.com/04sep4/2sep404.html mentiones

Additionally, marriages between couples from different backgrounds, ........................are sometimes viewed with suspicion

H-1 will not affect your approval at all. If he has H-1, that solves your problems.

June is probably still OK to apply. But a couple of months is needed for processing; also, about a month is necessary to update your family status and get a visa number for him.

 

[nokika]

Thank you, raevsky, for your reply!

Quote:I hope those facts can be convincing enough...

You have a disadvantage. For isntance, http://www.visalaw.com/04sep4/2sep404.html mentiones

You mean, because of the fact that we have been living away from each other, plus we are from different backgrounds?

Well, we spent a year and half together in his home country. (We were almost like living together, however, I was the renter of the apartment, so we don't have anything to prove it in a document, though...)
I came back to Japan at the time he was leaving to USA to work. Since then, we've been seeing each other like twice a year...
In addition to the photos and correspondance, I have receipts of flight tickets for both of us (mine to US and his to Japan) and even some receipts of gift purchase for each other (with name and address of each other as sender & recipient). Also, we have quite a few of people who can testify that our relationship is for real (including each other's family)...

Would these be insufficient as a proof?

About the differnce of our cultural backgrounds...well...what can I say...this is beyond our control...
The only thing I can tell them would be that at least I have lived in his country and I speak his native language very well (I have an official diploma, of the highest level, for the language proficiency, if that ever helps)...

 

[raevsky]

Probably, you have proof enough

 

[LucyMO]

you MUST find out the basis for his HRR and whether he can get a waiver. He cannot get H1 since he is subject to it.

 

[raevsky]

However, there is not time limit to get a waiver for H-1. Even when the lottery program is finished, you he could still get a waiver and obtain H-1.

 

[nokika]

you MUST find out the basis for his HRR and whether he can get a waiver. He cannot get H1 since he is subject to it.

Thank you for your comment.

His government send more than handred of those "visiting teachers" to US each year, and a couple of girls he knew through the same program already got waiver under No Objection Statement and they now hold H-1. So, I don't think he will have much problem with obtaining NOS from the Consulate of his country...although we don't know if he can actually find an employer to support H-1.

Anyway, I'll ask him to contact the Consulate to make sure.

However, there is not time limit to get a waiver for H-1. Even when the lottery program is finished, you he could still get a waiver and obtain H-1.

That's good to know!

Again, many thanks to both LucyMo and raevsky.
My chance of getting 2nd NL is quite low, but if I ever get lucky, I will post the update here.

 

[GotPR?]

\So, I don't think he will have much problem with obtaining NOS from the Consulate of his country...although we don't know if he can actually find an employer to support H-1.

Finding sponsor is one thing, and getting selected by H1 lottery is another thing nowadays.

 

[LucyMO]

and getting a waiver is another thing on top of the first two. I wouldn't be so sure one could get a waiver so easily. There could always be unforeseen circumstances.