Instructions here are different than INS website? Do I even NEED a K-1 Visa?

[ErinElizabeth 0]

The instructions on the website where I downloaded the forms are less specific than the ones on this site.

They made no mention of a cover letter, for example. Consequently, I did not include one.

Additionally, I placed each item into a clearly labeled envelope, but there was nothing on my instruction form about clear plastic bags.

Will they just return everything to me?

I'm not even sure that I need a k-1 visa, but a professor of mine who married a Japanese national indicated that it would be useful to have. We're not going to be living in the U.S., but we were told that we would never be issued a visa if we married in the U.S. and returned to Japan. Now, it seems that the available information is indicating that we are allowed to marry and then apply for a K-3 Visa, should we ever decide to live in the United States. Also, it appears that the Visa will not be approved by next August because of the long wait, and my idiotic mistake.

I've gotten phone numbers for attorneys, but they would all require a trip on a highway to get to them, and I'm reluctant to do that. Can these things be taken care of over the phone?

Again, my fiance is not in the U.S., and I'm already incredibly overwhelmed with surgeries and graduation and work, and this entire process is putting me out horribly.

If we decide to cancel our K-1 visa application, will he be restrained at the airport and not allowed entry, even if we intend to return to Japan together after the wedding?

I can't find ANY information about marrying a foreign national and returning to his country of origin ANYWHERE, and several people have insisted that we need a K-1 visa. I'm beginning to think that they were... misinformed.

Max Weber is now officially my hero.

[YuAndDan 153]

You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.

K-1 is the proper visa for travel to USA with intent to marry and then adjust status. K-3 allows marriage before filing the petitions (I-130 and I-129F) but you cannot remain iin the country, you will need to return to home country when present visa expires, and then interview in home country for the visa.

Just follow the guides here later when adjusting status after entry on the K-1 and marriage.

Only other visa I would recomend if you did decide to withdraw the K-1, is CR-1, Marry first and then file I-130 and do not file the I-129F for K-3.

CR-1 takes a bit longer to get, but has the big benifit of a Green-card issued upon entry, allowing imediate work, K-3 requires filing for AOS and EAD to get work authorization, EAD take 90 days or more to get, all the time not being able to get a job.

[DavidsPrincess 1]

the K-1 visa is used for the non-USC to enter the country TO be married, if you are married before the visa issuance the visa is void. Once the visa is approved/issued, he must enter the country within 6 months, and be married within 90 days or the visa is considered "overstayed." I don't honestly see why you need this visa besides to get him into the country for the wedding...usually it is intended for people who want to reside in the US after the marriage.

Someone with more knowledge will probably chime in soon.

You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.

K-1 is the proper visa for travel to USA with intent to marry and then adjust status. K-3 allows marriage before filing the petitions (I-130 and I-129F) but you cannot remain iin the country, you will need to return to home country when present visa expires, and then interview in home country for the visa.

Just follow the guides here later when adjusting status after entry on the K-1 and marriage.

Only other visa I would recomend if you did decide to withdraw the K-1, is CR-1, Marry first and then file I-130 and do not file the I-129F for K-3.

CR-1 takes a bit longer to get, but has the big benifit of a Green-card issued upon entry, allowing imediate work, K-3 requires filing for AOS and EAD to get work authorization, EAD take 90 days or more to get, all the time not being able to get a job.

I believe they are wanting to reside in Japan after the marriage. At least that is how I read it. Would they even need the K-1 visa to do that?

[~Laura and Nick~ 5]

Hi there

Why did you apply for an immigrant visa when you don't even want to live in the U.S.?

A K1 Fiance visa is for U.S. citizens intending to bring their foreign fiance to the United States to marry and live.

You can of course get married any time in the U.S. but your fiance cannot stay. They must return to their home country and file the appropriate papers. Otherwise, it is fraud.

A K3 visa is also an immigrant visa, intended for a U.S. Citizen to bring his or her foreign spouse to the U.S. to live.

Google is your friend. Type in "Moving to China" I got tons of websites.

Best of luck!

Edited January 8, 2008 by ~Laura and Nick~

[~Laura and Nick~ 5]

*** Moving to Japan, please excuse the error.

[ErinElizabeth 0]

You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.

That's relieving.

And, no, we're not planning to reside in the U.S. My Fiance worked here on a practical something-or-other visa after he finished grad school, but we're both wanting to live in Japan.

I think the K-1 is silly for us, but I've been told that it's wise to get? I don't know why, exactly.

I wish we could have filed earlier, but I was told that if we filed in August of 2006, then he would not be allowed to visit me in December. I was also told that it wouldn't take more than six months, but I think that the information we were given was not... good.

I just wish he'd check his email already so I could discuss my concerns with him.

Again, I am applying for this visa because it is what I was told to do.

[~Laura and Nick~ 5]

You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.

That's relieving.

And, no, we're not planning to reside in the U.S. My Fiance worked here on a practical something-or-other visa after he finished grad school, but we're both wanting to live in Japan.

I think the K-1 is silly for us, but I've been told that it's wise to get? I don't know why, exactly.

I wish we could have filed earlier, but I was told that if we filed in August of 2006, then he would not be allowed to visit me in December. I was also told that it wouldn't take more than six months, but I think that the information we were given was not... good.

I just wish he'd check his email already so I could discuss my concerns with him.

Again, I am applying for this visa because it is what I was told to do.

Weird.

It's a visa intended for marrying and living in the States.

Once you leave after you are married he will be abandoning the process and it won't even matter that you filed in the first place.

You can get married anywhere. There or here. You can go live in his country, although I'm unsure about what their policies are or what you have to provide to do so. I'm sure someone will have a link.

As far as I'm concerned, it was a waste of money to file for the K1. It's a long drawn out process too. 6 to 9 months till visa in hand. Then he'd have to buy a ticket to come here, get married, then pay to fly back home. It makes no sense whatsoever.

[Dan J 277]

You did OK, USCIS probbably wont have any problems with how you packaged the petition, if they do they will just send you a letter asking for something that you may have left out.

That's relieving.

And, no, we're not planning to reside in the U.S. My Fiance worked here on a practical something-or-other visa after he finished grad school, but we're both wanting to live in Japan.

I think the K-1 is silly for us, but I've been told that it's wise to get? I don't know why, exactly.

I wish we could have filed earlier, but I was told that if we filed in August of 2006, then he would not be allowed to visit me in December. I was also told that it wouldn't take more than six months, but I think that the information we were given was not... good.

I just wish he'd check his email already so I could discuss my concerns with him.

Again, I am applying for this visa because it is what I was told to do.

K-1 is a visa to marry and stay. If your intention is to just marry and move to Japan, then you wont need a visa, VWP entry will just be fine. However, telling the border officers that the intention of the visit is marriage can cause confusion and they may assume that your finance intends to stay. He is better off saying something like visiting friends, but taking proof of ties with him, just in case he is asked for them.

[~Laura and Nick~ 5]

Click HERE for a website about immigration to Japan.

There is a section for Spouse's.

[DavidsPrincess 1]

Yikes, I'm sorry about your misinformation . You filed for a visa you do not need. If they have not received it yet, maybe you can get ahold of them ahead of time so they won't cash your check, or tell the bank not to allow them to cash it? Unless you sent money order...I dunno. Bad luck