Moving to Japan with a K-3 visa

[MINIEL 0]

My husband and I have been married for 2 yeas, my husband finally arrived to the US in november and I have received orders to leave to Japan, we are submitting for his adjustment of status before I depart to Japan for 3 years, can my husband relocate with me or does he have to stay in the US until he receives his green card? Our marriage cannot handle another separation and I am scared that we wont make it if we get separated again. Can someone please clarify this for me

[YuAndDan 153]

K-3 is a MULTI ENTRY visa, can leave the country and be with you bun keep in mind be prepared to return to USA for an AOS interview if one happens.

Once he has green-card I would advise filing an I-131 and an N-470 to preserve residency status for naturalization, based on military orders.

Moving this to AOS forum

Edited March 27, 2009 by YuAndDan

[MINIEL 0]

K-3 is a MULTI ENTRY visa, can leave the country and be with you bun keep in mind be prepared to return to USA for an AOS interview if one happens.

Once he has green-card I would advise filing an I-131 and an N-470 to preserve residency status for naturalization, based on military orders.

Moving this to AOS forum

there will be no problem with him moving right?

[YuAndDan 153]

K-3 is a MULTI ENTRY visa, can leave the country and be with you bun keep in mind be prepared to return to USA for an AOS interview if one happens.

Once he has green-card I would advise filing an I-131 and an N-470 to preserve residency status for naturalization, based on military orders.

Moving this to AOS forum

there will be no problem with him moving right?

NO, K-3 allows for this.

Note: He may need to apply for a visa to visit Japan though.

http://www.timaticweb.com/cgi-bin/tim_webs...ubuser=DELTAB2C

[SPSguy 18]

My husband and I have been married for 2 yeas, my husband finally arrived to the US in november and I have received orders to leave to Japan, we are submitting for his adjustment of status before I depart to Japan for 3 years, can my husband relocate with me or does he have to stay in the US until he receives his green card? Our marriage cannot handle another separation and I am scared that we wont make it if we get separated again. Can someone please clarify this for me

Your situation is similar to mine. Only both my wife and I work ovesea. We originally planned to go the CRI/IR1 route but have decided to adjust status with our K3. Problem I see is that there will be a bio metric within about a month's time of filing adjustment of status and a face to face followup interview. I wonder if there is a way to ask for an interview waiver or to postpone to a more convenient time?

These types of situations ( like ours ) make K3 a more advantageous VISA than the CR1 or IR1. There is a two year multiple entry.

Compare this to a CR1/IR1 which has a one year entry when accompanied with a greencard and foreign passport.

I would be delighted to know which route you end up taking in the end, as I am in the same boat as you.

[YuAndDan 153]

Your situation is similar to mine. Only both my wife and I work ovesea. We originally planned to go the CRI/IR1 route but have decided to adjust status with our K3. Problem I see is that there will be a bio metric within about a month's time of filing adjustment of status and a face to face followup interview. I wonder if there is a way to ask for an interview waiver or to postpone to a more convenient time?

These types of situations ( like ours ) make K3 a more advantageous VISA than the CR1 or IR1. There is a two year multiple entry.

Compare this to a CR1/IR1 which has a one year entry when accompanied with a greencard and foreign passport.

I would be delighted to know which route you end up taking in the end, as I am in the same boat as you.

CR-1/IR-1 is a single entry visa, it gets an I-551 stamp allowing future entries.

The CR-1 or IR-1 actually would be the better option because there is NO adjustment of status, NO AOS interview, and NO Biometric, this is all handled at the consulate when interviewing for the IMMIGRANT visa, the visa holder enters the USA and if married more than 2 years would get a 10 year un-conditional card if less than 2 years then a CR-Green-card is issued wich will need I-751 filed later to remove conditions, In the OP's case the I-751 can even be filed wile living in Japan per government orders, all the immigrant visa holder does after entry to the USA and before heading to Japan is file an N-470 and I-131 and head to Japan.

The Green-card that arrives in the mail could be then sent in the mail to where they live in Japan.

In this case the CR-1 or IR-1 is the better option not the K-3.

Edited March 27, 2009 by YuAndDan

[SPSguy 18]

That's not entirely correct. This situation would not have been made possible under the CR1/IR1 route since my wife would still be waiting for the CR1/IR1 visa interview. Given equal waiting period, yes, the cr or ir visa would be the preferred choice.

The other thing to consider is that the K3 allows the beneficiary to travel abroade up to two years and re-enter without a problem. With the CR or IR visa, you have one year re-entry. Unless you apply for re-entry permit for a two year entry.

There are differences, but you have to be in the situation to understand the benefits of the product.

For most people, however, the CR1 or IR1 is the better choice.

[YuAndDan 153]

That's not entirely correct. This situation would not have been made possible under the CR1/IR1 route since my wife would still be waiting for the CR1/IR1 visa interview. Given equal waiting period, yes, the cr or ir visa would be the preferred choice.

The other thing to consider is that the K3 allows the beneficiary to travel abroade up to two years and re-enter without a problem. With the CR or IR visa, you have one year re-entry. Unless you apply for re-entry permit for a two year entry.

There are differences, but you have to be in the situation to understand the benefits of the product.

For most people, however, the CR1 or IR1 is the better choice.

CR-1 and IR-1 are single entry visas they are valid for 6 months. Upon entry the visa is replaced by green-card, it is the Green-card that allows re-entries from future trips abroad.

CR-1 and IR-1 do not need to be Multi-entry because they generate a green-card.

[SPSguy 18]

That's not entirely correct. This situation would not have been made possible under the CR1/IR1 route since my wife would still be waiting for the CR1/IR1 visa interview. Given equal waiting period, yes, the cr or ir visa would be the preferred choice.

The other thing to consider is that the K3 allows the beneficiary to travel abroade up to two years and re-enter without a problem. With the CR or IR visa, you have one year re-entry. Unless you apply for re-entry permit for a two year entry.

There are differences, but you have to be in the situation to understand the benefits of the product.

For most people, however, the CR1 or IR1 is the better choice.

CR-1 and IR-1 are single entry visas they are valid for 6 months. Upon entry the visa is replaced by green-card, it is the Green-card that allows re-entries from future trips abroad.

CR-1 and IR-1 do not need to be Multi-entry because they generate a green-card.

Yes, I understand. But the greencard allows only one year outside of the country. IT'S RE-ENTRIES FOR TRIPS UNDER ONE YEAR.

UNLESS YOU ALSO HAVE A RE-ENTRY PERMIT WHICH ALLOWS FOR TWO YEARS ABROAD.

Edited March 27, 2009 by SPSguy

[YuAndDan 153]

That's not entirely correct. This situation would not have been made possible under the CR1/IR1 route since my wife would still be waiting for the CR1/IR1 visa interview. Given equal waiting period, yes, the cr or ir visa would be the preferred choice.

The other thing to consider is that the K3 allows the beneficiary to travel abroade up to two years and re-enter without a problem. With the CR or IR visa, you have one year re-entry. Unless you apply for re-entry permit for a two year entry.

There are differences, but you have to be in the situation to understand the benefits of the product.

For most people, however, the CR1 or IR1 is the better choice.

CR-1 and IR-1 are single entry visas they are valid for 6 months. Upon entry the visa is replaced by green-card, it is the Green-card that allows re-entries from future trips abroad.

CR-1 and IR-1 do not need to be Multi-entry because they generate a green-card.

Yes, I understand. But the greencard allows only one year outside of the country. IT'S RE-ENTRIES FOR TRIPS UNDER ONE YEAR.

UNLESS YOU ALSO HAVE A RE-ENTRY PERMIT WHICH ALLOWS FOR TWO YEARS ABROAD.

Correct, this is why I said in earlier posts that an I-131 will be needed to be filed. In the case of the OP, the reason for being out of country (Military) allows for longer periods away from the USA, living on a military base counts as residency in the USA. Edited March 27, 2009 by YuAndDan