I am very interested to know if someone has called the Tokyo embassy yet.
I want to file I-130 in April but I do not reside in Japan.
Before the Adam Walsh fiasco we had planned on getting married in April and then filing in Tokyo. We considered the process to be about 3-4 months since we do not have any issues in our past that would cause us problems with getting the immigration visa. She had turned in her notice to her employer before we had heard about the death of DCF.
Could her being un-employed in Japan be considered a “True emergency situation”?
I know that the Tokyo Embassy has been very liberal in it’s interpretations in the past.
I am waiting until next week to call to give them time to think about the new conditions.

I really like this site because the members are so knowledgeable. It is great!
Thanks!

I dont think you can file for DCF since you dont reside in Japan and you havent been currently for 6 months.
I dont see why your wife being unemployed would be considered an emergency.I think they mean family emergency like a death or serious illness.
I recommend that you pay and contact Tokyo with your questions.As far i can see, you are not able to file DCF but you can go through the usual route..i imagine that will instruct you to file your I-130 and then your I-129F in the states ..that is once you get married.
But this is just my opinion....

Agree with above, you need 6 months residency. Also if you read every US Embassy website, it will tell you not to make any personal life changing plans till VISA in hand, there is no promise of VISA's and should never consider it 100%. Wife changing job hardly qualifies for an emergency. But you can always call and ask, but, again, all they will most likely tell you is to apply, and consul will decide. My oppinion, chances are nil. Sorry.

Since this is a new law, embassies may be much stricter about it (the six months residency) than they were in the past. I'd agree with other posters that your chances aren't good. However, I don't see how it can hurt to try. Remember that embassies are more concerned about your (the USC's) well-being than the foreign spouse, so in making your case to them, be sure to stress any hardships that the delay will cause to YOU.

Good luck.

You probably already saw the update, but the new instructions on the Tokyo embassy website are quite clear on who can DCF:

"Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts ... To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition."

Unfortunately, it sounds like you'll have to file the petition in the States if that's where you currently live.

Hello,
What is going on with your situation?
I also married in Japan and am waiting for the I -130 to be processed and for an interview at the Tokyo Embassy.