K-1 Visa is Overwhelming

[Rebecca W. 0]

Hello!

My name is Rebecca. I'm a US citizen and I have been living in Japan and dating a Japanese citizen for two years.

In two years (probably April 2013), I want to return to America with my boyfriend and we intend to get married and live our lives in America.

It is a bit early, but I've been looking into a K1 visa for him and it looks rather lengthy and expensive.

As I'm making income in Japan right now, I will be, in a sense, "jobless" when I return to America and intend to go to grad school. Thus, my income will be 0 when I apply for a K1 visa. Will that affect my application, even if I have savings?

When is the best time to start doing all of this?

As it's still really early, is there an easier way to get married in the US and grant my boyfriend legal status?

[Mal and Meg 12]

It takes somewhere between 6-12 months to get a K1 visa depending on delays!

As for your income you need to make somewhere around $18000ish(for just you and your partner) to be able to be his sponsor which you will not because you will be going to grad school so my recommendation would be to find a co sponsor who lives in the us who has and income higher than the required for 2 people(im not sure on the amount)

So you may want to start asking people such as family or close friends if this is something they would do

[Rebecca W. 0]

It takes somewhere between 6-12 months to get a K1 visa depending on delays!

As for your income you need to make somewhere around $18000ish(for just you and your partner) to be able to be his sponsor which you will not because you will be going to grad school so my recommendation would be to find a co sponsor who lives in the us who has and income higher than the required for 2 people(im not sure on the amount)

So you may want to start asking people such as family or close friends if this is something they would do

Thank you for replying!

I didn't know that, I thought the US citizen intended spouse was the one who had to sponsor the non-US citizen for a K1 visa in terms of financial support. I could probably get my parents to agree to that.

Could he work in the US once we got married?

[MochiKamo 93]

Hello!

My name is Rebecca. I'm a US citizen and I have been living in Japan and dating a Japanese citizen for two years.

In two years (probably April 2013), I want to return to America with my boyfriend and we intend to get married and live our lives in America.

It is a bit early, but I've been looking into a K1 visa for him and it looks rather lengthy and expensive.

As I'm making income in Japan right now, I will be, in a sense, "jobless" when I return to America and intend to go to grad school. Thus, my income will be 0 when I apply for a K1 visa. Will that affect my application, even if I have savings?

When is the best time to start doing all of this?

As it's still really early, is there an easier way to get married in the US and grant my boyfriend legal status?

If you want to use an assets only approch then you will need $91,060 (5 x $18,212). This may be three times but I have never found a definite source for that claim.

When I was in grad school, I was a TA. If you have the chance to do a TA'ship, then there is a good chance that your pay (even part time) will be higher than the minimum for a household of two.

[MochiKamo 93]

Thank you for replying!

I didn't know that, I thought the US citizen intended spouse was the one who had to sponsor the non-US citizen for a K1 visa in terms of financial support. I could probably get my parents to agree to that.

Could he work in the US once we got married?

If a parent can co-sponsor you, then it will be much easier.

Also he could work after you got married and filed for an employment authorization document around the time you file for adjustment of status.

[Rebecca W. 0]

If a parent can co-sponsor you, then it will be much easier.

Also he could work after you got married and filed for an employment authorization document around the time you file for adjustment of status.

Ah I see. At this point, I'm thinking of returning to my hometown at that time and living at home while I go to grad school. My boyfriend (or husband then) would want to also go to school and get a part-time job.

I wonder how long it takes to get that document. I looked up the Employment Authorization Document and it looks like that's about $400 too. Is telling my boyfriend he needs to save up at least 3 months worth of salary plus $2,000 for all visa-related/employment fees before he can get a part-time job in America reasonable?

[Aztec&Taino 144]

Hello!

My name is Rebecca. I'm a US citizen and I have been living in Japan and dating a Japanese citizen for two years.

In two years (probably April 2013), I want to return to America with my boyfriend and we intend to get married and live our lives in America.

It is a bit early, but I've been looking into a K1 visa for him and it looks rather lengthy and expensive.

As I'm making income in Japan right now, I will be, in a sense, "jobless" when I return to America and intend to go to grad school. Thus, my income will be 0 when I apply for a K1 visa. Will that affect my application, even if I have savings?

When is the best time to start doing all of this?

As it's still really early, is there an easier way to get married in the US and grant my boyfriend legal status?

Hello Rebecca!

Another option for you to consider is that you can go ahead and legally marry your boyfriend in Japan now (or soon) and then file the I-130 as a DCF (Direct Consular Filing, filing at the American Consulate in Japan). In this way, you can still be together while the process is under way (an option that so many of us wish we had) and once the petition is approved, your husband could enter the USA as a permanent resident granting him the immediate option of getting a job. If your current salary does not meet the poverty guidelines, then you would need a co-sponsor.

Best wishes!

Edited January 16, 2011 by Aztec&Taino

[Rebecca W. 0]

Hello Rebecca!

Another option for you to consider is that you can go ahead and legally marry your boyfriend in Japan now (or soon) and then file the I-130 as a DCF (Direct Consular Filing, filing at the American Consulate in Japan). In this way, you can still be together while the process is under way (an option that so many of us wish we had) and once the petition is approved, your husband could enter the USA as a permanent resident granting him the immediate option of getting a job. If your current salary does not meet the poverty guidelines, then you would need a co-sponsor.

Best wishes!

Thank you for your reply. We have thought about getting married in Japan, and then going to the USA. But how is this different from a K3 Visa?

Would we then file for a marriage license in the USA, even though we'd already be married in Japan?

Is this option less expensive and speedier? My boyfriend is saying he doesn't care about the cost, but I'd like to do the most efficient way, whether it be cheaper or not.

Sorry for the gazillion questions, I am still swamped with the possibilities. I appreciate everyone's help.

[canadian_wife 1,831]

If you marry in Japan, you could file for his spousal visa (cr-1 not the K3) directly witht he consulate and decrease the amount of apart time and the wait time

No - if he enters on a K-1 he would not be able to work right away, on a spousal visa he could.

If you are married in Japan, you are married in the US. You cannot get married again.

The spousal visa is about $1000 cheaper than the fiance visa because you do not have to adjust status. If you file with the US consulate in Japan it is quicker

There is a tab up at the top, it says "Guides" click on that and a LOT of your answers are there, including a comparason guide between the spousal visa and the fiance visa

Good luck

Edited January 16, 2011 by canadian_wife

[baron555 934]

Hello!

My name is Rebecca. I'm a US citizen and I have been living in Japan and dating a Japanese citizen for two years.

In two years (probably April 2013), I want to return to America with my boyfriend and we intend to get married and live our lives in America.

It is a bit early, but I've been looking into a K1 visa for him and it looks rather lengthy and expensive.

As I'm making income in Japan right now, I will be, in a sense, "jobless" when I return to America and intend to go to grad school. Thus, my income will be 0 when I apply for a K1 visa. Will that affect my application, even if I have savings?

When is the best time to start doing all of this?

As it's still really early, is there an easier way to get married in the US and grant my boyfriend legal status?

Get married in Japan and then DCF. If you want to marry him in the US, then you have to come here on your own and then petition. He may not be able to obtain a visitor's visa since there is intent for him to immigrate permanently.

[JimVaPhuong 4,864]

If you want to use an assets only approch then you will need $91,060 (5 x $18,212). This may be three times but I have never found a definite source for that claim.

It IS 3X for the petitioner of a fiancee or spousal visa. The source for that claim is the I-864 instructions:

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

Presuming the consulate uses the I-864 rules (most do) a fiancee is considered the same as a spouse with an I-134 because the beneficiary will be the US citizen's spouse when they submit an I-864 for adjustment of status.

[Fandango 1,440]

Imo, DCF is definitely the way to go. Hands down.

[Glyn and Kathy 288]

I was going to suggest DCF as well. You could always do a big wedding here in the States (if that's your wish) at a later date. Its quicker, and cheaper IMO and you won't have to be apart. Good luck!!

[Justine+David 218]

Hi Rebecca,

Welcome to VJ! Best way to start is to click on the "guides" at the top of this page.

Since you will be in Japan, like other folks have said, the DCF is the quickest, fastest, and cheapest way to go. Once he is approved, they will grant him a green card that will allow him to work in the US and travel outside the US without restriction (except working at most federal jobs )

The K1 fiance visa is more expensive and you have to adjust status to get a green card, which means he will be waiting 3-6 months while in the US to be able to work and travel.

If you want to be more efficient, you could get married now and apply two years later--this will save you about $600 in later immigration fees because if you move to the US before your 2nd wedding anniversary, your future husband will only be granted a conditional visa good for 2 years. After two years, you have to file again to prove that you have a bonafide marriage, more paperwork, etc etc.

Best of luck! There is a DCF specific forum here on VJ to look through as well. Lawyers are generally useless unless you have a complicated case (past crimes, hard consulate, etc etc), by the way. Use the resources here and save the $$

[Mariye & Ky 172]

DCF is a blessing Rebecca and if you can go that route, go for it!!