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zmay777

Japan DCF Question

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Hello everyone,

So I'm coming to you all today with a question in regards to doing the DCF process in Japan. I've been in Japan now for the past 2 years working and my fiancee and I have been together for even longer, but I'm going to be leaving the country to go back to the USA to enter graduate school and work in the upcoming month in May. Obviously she was planning on coming together with me, but there have been some things that have come up lately, and it would be more beneficial for her to come to America sooner than later so it brings me to this question. Currently I'm residing in Japan, and it seems that the fastest way to get a visa to come to the states would be to file from Japan rather than to go back to the USA and start the K1 fiance visa. For us getting married immediately here and beginning the K3 DCF is not a problem, however my question lies in the fact that I'm going back to America in a month.

So I guess my real question is, is it possible to start the DCF K3 visa process while I'm here in Japan, and then return to America as planned? My significant other would obviously be waiting in Japan for the visa, but would it create any problems with the process if I went home to the USA while the paperwork is still being processed? Or is it just better to go to the USA and file the K1 fiance and wait it out? As for things like the Affidative of Support and such, that's also not a problem, but I'm just curious as to whether it's possible to start the process here while I'm still in Japan in order to minimize time apart. Thanks for your help in advance!

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K3 is obsolete. If you get married, you'll be chasing the CR-1 visa.

Japan does not have a field office*, so you are not able to follow the DCF route.

You will either follow the I-129f for K1, or the I-130 for CR-1 depending on when you'd like to be married, but both filed by sending the petitions to the USA. See the comparison chart: http://www.visajourney.com/content/compare

And then the guides depending on the route you choose. http://www.visajourney.com/content/guides

You may send the petition for either process whilst still being in Japan, but you'll need to have plans to move back to the USA/move ahead to accommodate the financial aspects (again, forms depend on the route, but read the guides).

* http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices List of field offices (also known as list of countries that have routine DCF)

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Thank you for your quick response! I see! I was unaware of the fact that the K3 was obsolete! So then, it'd be better to apply for CR-1 visa for us.

Yeah, I guess I should have re-worded it better. What I meant when I said DCF was actually referring to the fact that I would have to mail it to USCIS Chicago Lockbox. From what I'd heard and read I gotten the impression that it's faster to apply for the CR-1 from Japan sending the forms to the lockbox rather than going back to the states and starting the K1 directly with the local embassy there. As for the financial accomodations and things, I will be having my parents helping me as a joint-sponsor, so that will take care of the financial aspect of the process.

So now let me rephrase again!

I'm moving back to the USA a month from now, but since I can start this process from Japan, would it be faster to start a CR-1 and mail it to the chicago lockbox? Or would it be better to just go back to the USA first and start a K1? Or a whole other can of worms, would it be faster to apply for a K1 while in Japan, or would it be faster to apply for a CR-1?

Thanks so much for your time, and sorry about all the questions!

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I'm moving back to the USA a month from now, but since I can start this process from Japan, would it be faster to start a CR-1 and mail it to the chicago lockbox? Or would it be better to just go back to the USA first and start a K1? Or a whole other can of worms, would it be faster to apply for a K1 while in Japan, or would it be faster to apply for a CR-1?

You can send the forms while you're still in Japan, so, of course it'll be faster to send them ASAP than wait until you're back in the USA to send the forms. You don't need to be in the USA to start either process. You can begin the process for either the K1 or the CR-1 while you are still in Japan. If you want to get the K1, you could send the I-129f *today*. If you got married today, you could send the I-130 for CR-1 as soon as you have your marriage certificate in hand.

The main difference is where and when you want to be married and which visa you'd like your partner to receive. The CR-1 is superior in many ways because it's an immediate green card upon US entry for the visa holder. K1s have to get married and then adjust their status before they get their green card - so the process is more expensive and more paperwork. If you want the fastest route to your partner being in the USA with you, living, then the K1 may be a better route because that pettiion and process is often faster than the CR-1. There's different factors depending on what your restrictions and priorities are - hence the link to the comparison page. You should pick based on what matters most (time vs cost vs marriage preferences etc.).


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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~~Moved to IR1/CR1 Process and Procedures form DCF - As this is not a DCF question~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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