Spouse Visa in Japan during/after American AOS

[handor 0]

I'm the USC half of our I-129F petition. I hope that our case is processed and resolved quickly, but in the meantime I'm thinking about the next steps and evaluating some options for each. This is a ways out, but I'm hoping someone can offer some advice.

My fiancee is Japanese, and I have spent a fair amount of time in Japan in matters both in the context of our relationship and independently. After our K1 is approved, we plan to marry in the US (of course) and live here indefinitely.

Now, if possible, I would like to obtain a Japanese spousal visa after we are married, despite living in the US permanently. We will also be traveling back to Japan rather often (as long as we can afford it). Also, more importantly, I am considering trying to do some small business in Japan. I am a software developer by trade and may have both the software and the professional contacts to carry on a small operation without the overhead of establishing a full international company. A standing visa would not be the only barrier to overcome, but it would certainly be one item off the list. In the near future, most of my visits will be social (i.e. touristy), but I wouldn't want to have problems if I have the opportunity to conduct some business on the side.

What I see online seems mostly to pertain to people who are moving to Japan permanently. Does anyone have any experience with this? Am I simply out of luck, or do you suppose there's something we can do? Thanks!

[YuAndDan 153]

Keep in mind, if a green-card holder moves out of the USA they will be jeopardizing the green-card.

Would not a US citizen getting a spousal visa to the foreign country be an indication to the US government that there is resident intent to live as a resident of a foreign country instead of as a resident of the USA, you would in effect be giving up US Domicile and then be unable to provide support, the affidavit of support used for adjustment of status from K-1 to green-card (I-864) has US Domicile as a requirement.

[handor 0]

Again, my intention would not be to move there, nor is it hers. A visa in itself, of course, doesn't do anything except serve as a document at the port of entry. But I would like the freedom to enter the country and conduct professional activities there without needing to worry about my status as an alien.

I guess the way to think of it is, she'll still be a Japanese citizen, but with her green card she'll have freedom to come and go-- and work-- as she pleases. Although we will have our permanent residence here, I would like to facilitate my entry there. Also, isn't it possible that we may want to own assets in both countries in the future, whether those be bank accounts in my name or property?

I understand it's a complex situation, but intuitively (ha! a nice word-- I'm not sure it has any meaning in the visa world) it seems like there should be some way to do it. The idea of being a perpetual tourist there despite having half my life there... well, it kind of rankles.

Edited April 10, 2008 by handor