VISA process for foreign national on travel VISA

[nickinhawaii 4]

Aloha

 

I figure every case is different, sorry if there is an older topic about this.

 

I met a Japanese foreign national while she was traveling in the United States.  To keep things short, I want to marry her.  She still had say 10 weeks left on her 3 month tourist VISA.  What is the best way to go about this?

 

I did read that since I did not meet her before she came here we can prove that she did not come here with the intention of getting married, this not VISA fraud.

 

Say we get married in the United States in 2 weeks or even 1 month, would she still have to leave for a period of time?  How would all of this work?  Is it better to marry in Japan?  The questions in my head are endless right now!

 

Any help would be awesome, the more I read the more complicated the process looks!

 

Mahalo

Nick

[geowrian 22,335]

Guide: http://www.visajourney.com/content/i130guide2

 

That said, you met her on a 3 month stay with a month still left? I'm not one to jump into relationships, and I won't judge, but that's taking things really really fast. Such a short relationship will raise scrutiny. It might not hurt to step back and take a breath.

 

Once she files for AOS, she will have authorized stay while her case is pending. So she won't have to leave the US (and if she does before getting AP, AOS will be abandoned).

[EandH0904 1,184]

 

Just now, geowrian said:

 

 

That said, you met her on a 3 month stay with a month still left?

He says she still has 10 weeks left - so they must have met within the past 2 weeks - not two months! 

 

I agree that is definitely a fast timeline that is likely to get some scrutiny. You can do it, as per the guides, etc. but be prepared for a lot of questions. Remember, if it's right now, it will be right in 6 months or a year from now. Yes, long distance relationships are difficult for everyone (including all of us on here) - is she prepared to file AOS and not go back to her home country right now? 

[f f 725]

slow down. enjoy the time together but slow down.

[geowrian 22,335]

10 minutes ago, EandH0904 said:

He says she still has 10 weeks left - so they must have met within the past 2 weeks - not two months!

Dang...even faster than I first read. I think I got whiplash.

[Gorkhali 213]

god i hate people jumping the god dam line.... And reading this post makes me sad ... in 2 weeks u want to marry her.. Gosh this is too short time to make life decision

[nickinhawaii 4]

Haha thanks for everything so far.  I am 37 and she is about to turn 36.  So, a bit different than being 22.  We both realize what we want in life and have spent yes I know.. crazy, 8 days together with some reaching say 16 hours.  So, one could argue that we've dated more than many in long distance relationships.  It's just one of those feelings of, it feels so right and you just know; I've never though the same before.  It's not, hey she will do, it's more like "where have you been all my life".  I'm ready to tell an interviewer why so quick, it's quite easy when you find someone who enjoys the same things in life and has no deal breakers, well so far right??

Edited October 2, 2017 by nickinhawaii

[f f 725]

8 minutes ago, nickinhawaii said:

Haha thanks for everything so far.  I am 37 and she is about to turn 36.  So, a bit different than being 22.  We both realize what we want in life and have spent yes I know.. crazy, 8 days together with some reaching say 16 hours.  So, one could argue that we've dated more than many in long distance relationships.  It's just one of those feelings of, it feels so right and you just know; I've never though the same before.  It's not, hey she will do, it's more like "where have you been all my life".  I'm ready to tell an interviewer why so quick, it's quite easy when you find someone who enjoys the same things in life and has no deal breakers, well so far right??

no it is not.

if anything your ages and family pressure are pushing you into getting married sooner than you would otherwise. 

you are in love and that is a good feeling but look at this objectively. can you truly ask someone you care about to just leave everything they have behind and move to a far off country away from all of thier friends and family at the drop of a hat? it is only fair to them if you give it some time so they can truly understand the choice they are making.

file for the k1 and make sure this is something you both want.

[nickinhawaii 4]

7 minutes ago, Dee elle said:

Just want you to be prepared for what you might be facing.. bottom line is its your choice....Marrying now and adjusting is legal.. take a good look at the implication of this too.. she cant leave the country and cant work .. may not be able to get a drivers licence ... until certain documents arrive EAD and AP  .. which will be 4 to 5 months    

Thanks for this, I have taken a step back, no need to do something that has negative muti-year consequences.  Not working is okay, she has friends here in Hawaii.  So also, she cannot leave the United States and go back to Japan during the entire application process?

 

A fiance VISA sounds best, I wish the government was more efficient and this GS didn't take so long.  I work for the federal government so I sort of know.  Does working for the federal government help any?

[EandH0904 1,184]

Just now, nickinhawaii said:

Thanks for this, I have taken a step back, no need to do something that has negative muti-year consequences.  Not working is okay, she has friends here in Hawaii.  So also, she cannot leave the United States and go back to Japan during the entire application process?

 

A fiance VISA sounds best, I wish the government was more efficient and this GS didn't take so long.  I work for the federal government so I sort of know.  Does working for the federal government help any?

Working for the federal govenment does not help any. K1 visa and CR1 visas have their positives and negatives. If you file K1 visa, when she gets to this country, you will still have the 4-5 month wait of her not being able to work or leave. If she wants to work or travel freely, a CR1 is the best way to go - which seems like it takes longer on paper, but when you think about it, it's roughly the same as there is no EAD/AOS to go through. 

Waiting will also allow you the ability to plan a proper wedding in the US or Japan. She, and you, can of course travel back and forth while your K1 or CR1 applications are underway, whereas if you marry now, she is NOT free to travel back to Japan until all of her paperwork is complete. 

 

There's definitely a lot to consider. I think most of us have met someone, had a whirlwind love affair, and only to realize later that it wasn't quite what we thought - i would hope that at your age you would realize that lifelong decisions generally can't be made in a week. 

[nickinhawaii 4]

11 minutes ago, EandH0904 said:

Working for the federal govenment does not help any. K1 visa and CR1 visas have their positives and negatives. If you file K1 visa, when she gets to this country, you will still have the 4-5 month wait of her not being able to work or leave. If she wants to work or travel freely, a CR1 is the best way to go - which seems like it takes longer on paper, but when you think about it, it's roughly the same as there is no EAD/AOS to go through. 

Waiting will also allow you the ability to plan a proper wedding in the US or Japan. She, and you, can of course travel back and forth while your K1 or CR1 applications are underway, whereas if you marry now, she is NOT free to travel back to Japan until all of her paperwork is complete. 

 

There's definitely a lot to consider. I think most of us have met someone, had a whirlwind love affair, and only to realize later that it wasn't quite what we thought - i would hope that at your age you would realize that lifelong decisions generally can't be made in a week. 

Awesome info, Mahalo.  Knowing she cannot go back to Japan is a bit for a deal breaker, I mean I would have to meet her parents.  If we leave for Japan and she came back on a tourist VISA with the intention to marry, that wouldn't be good.  I'm thinking starting CR1 VISA is the way to go, but isn't that what you apply for when you're married?

[nickinhawaii 4]

4 minutes ago, Dee elle said:

You can marry in HI then start the IR 1 consular process where she will interview etc on Japan. So she would return there before her 90 visitor visa expires. She can visit you during the process as long as she demonstrates strong ties to Japan. When she  gets the visa and enters the US she can work, get a drivers licence and travel and re enter the US from day 1 

She can easily demonstrate strong ties to Japan due to a family business.  Okay so CR1 or IR1 seems to point to already being married but at that point you cannot travel freely though right?  I'm sure I'm missing something.

[nickinhawaii 4]

15 minutes ago, EandH0904 said:

Working for the federal govenment does not help any. K1 visa and CR1 visas have their positives and negatives. If you file K1 visa, when she gets to this country, you will still have the 4-5 month wait of her not being able to work or leave. If she wants to work or travel freely, a CR1 is the best way to go - which seems like it takes longer on paper, but when you think about it, it's roughly the same as there is no EAD/AOS to go through. 

Waiting will also allow you the ability to plan a proper wedding in the US or Japan. She, and you, can of course travel back and forth while your K1 or CR1 applications are underway, whereas if you marry now, she is NOT free to travel back to Japan until all of her paperwork is complete. 

 

There's definitely a lot to consider. I think most of us have met someone, had a whirlwind love affair, and only to realize later that it wasn't quite what we thought - i would hope that at your age you would realize that lifelong decisions generally can't be made in a week. 

Oh and yeah your last paragraph, I totally understand.  Really! Haha. 

[geowrian 22,335]

One other item to just be aware of in the process....you will be financially responsible for her for up to 10 years (even if you divorce).

[nickinhawaii 4]

8 minutes ago, Dee elle said:

IR /  CR 1 visa is for couples already married where the spouse is still residing outside the US.  It utilizes the Consular process where the interview and decision is made by US consular officer on the home country. Marriage can happen anywhere. Once she enters with the Cr1 or IR 1 she can work, travel etc from day 1.  The other option for is your first plan.. marry while she is here now, and then apply for Adjustment of Status, which has the restriciton on travel, work etc until the EAD and AP come through,  about 5 months.. while the AOS takes 12 to 14 months . Following the AOS process she is issued if approved with IR1.. if married more than 2 years.. or CR1 if married less than 2.  If it is CR1 it then requires Removal of Conditions after 2 years of GC being issued. More money.. results in 10 yr GC.

K1 fiance visa is for fiance residing overseas, must marry within 90 days of arriving in the US and then requires AOS in order to be granted the CR 1 visa... then ROC 2 years later ... more money twice. Cant work, travel overseas or drive until EAD AP obtained.... AOS time frame  same as for your first considered option. 

 

Yikes, all of that seems so complicated and long.  I've read it a few times.  Assuming I'm ready to marry here now, humor me :).  What is your suggestion on a process that will have no travel restrictions back and forth? Bit also balancing the ability to work too, if adding that into the mix is complicated then not working is okay.  Could she still work in Japan?  If we are applying, what type of VISA would she come here on, not travel right?