Japanese Fiance CR1 questions

[chelseafc 0]

Hi, happy thanksgiving! You guys know a lot about visa. My japanese girlfriend and I met online in May 2011. We meet in person June 2012 in Japan then she came here in Sepember 2012. We plan to have her visit in December 2012. We want to get married soon after her visit then she will go back to japan.

Questions about our plan:

1. Can she stay the full 90 days? We will get married like after 1 week she gets here.

2. Do my parents have to come to marriage? ---------> My family does not support our relationship because I am indian and she is japanese. Is it ok that we are married just alone?

3. How long until she can come back to USA (usually)?

4. Any idea of the cost of the entire process?

5. Should she tell immigration about our plan to get married and then go back? I think we will not tell them, but it should be ok?

Thanks and have a happy thankgsgiving!

[The Mean Lady 604]

If she comes to states with intention to marry one week after the arrival, it will be pretty hard in future for you guys to apply for other visa. Since her current visa can only support any other legal purposed but not marrying a USC. And if she plans to lie in the entry to the country, it's considered fraud, period. And if she chooses not to lie about the truth, it's hard to get her access to states approved. You need to work out about it. Better to apply K-1 visa. Just personal opinion. Remember always tell the truth and no lie. that's important.

Applying for a K1 visa would not let them marry when they are intending to.

They would not be able to marry until next summer sometime.

[hikergirl 277]

If she comes to states with intention to marry one week after the arrival, it will be pretty hard in future for you guys to apply for other visa. Since her current visa can only support any other legal purposed but not marrying a USC. And if she plans to lie in the entry to the country, it's considered fraud, period. And if she chooses not to lie about the truth, it's hard to get her access to states approved. You need to work out about it. Better to apply K-1 visa. Just personal opinion. Remember always tell the truth and no lie. that's important.

It is NOT illegal to come to the US to marry and leave again to begin the processing. It is illegal to come to the US with the intent of marrying and staying without a proper visa.

OP: Make sure she has plenty of proof for her ties to Japan and she does not lie to the border agent.

Edited November 22, 2012 by hikergirl

[N-o-l-a 7,168]

Hi, happy thanksgiving! You guys know a lot about visa. My japanese girlfriend and I met online in May 2011. We meet in person June 2012 in Japan then she came here in Sepember 2012. We plan to have her visit in December 2012. We want to get married soon after her visit then she will go back to japan.

Questions about our plan:

1. Can she stay the full 90 days? We will get married like after 1 week she gets here.

2. Do my parents have to come to marriage? ---------> My family does not support our relationship because I am indian and she is japanese. Is it ok that we are married just alone?

3. How long until she can come back to USA (usually)?

4. Any idea of the cost of the entire process?

5. Should she tell immigration about our plan to get married and then go back? I think we will not tell them, but it should be ok?

Thanks and have a happy thankgsgiving!

1. Why not? Seems fine to stay the full duration.

2. No, your parents do not have to attend. Nobody went to our civil ceremony because we didn't think it would be fair for some family to be able to go and some not.

3. I don't know if you are asking how often she can come on VWP or how long the CR1 takes? It is hard to say with the CR1 with the recent processing changes. Plan on 6 months to 1 year for completion.

4. Read the guide and check the fees at the various government agencies. http://www.visajourney.com/content/i130guide1

5. By not telling them she would be committing fraud. If they ask the purpose of her visit she can say that she is getting married, returning home and then filing for the CR1 visa. Like others have said, she needs proof of strong ties to home and shouldn't look like she is moving to America (don't bring too many possessions or non vacation items). I think it is best to be honest. I told the border patrol person in Iceland I needed a stamp because I was getting married to a Dane - no issues, but she did roll her eyes.

[The Mean Lady 604]

If they marry within 1 month of her entry Immigration presumes she lied when she came to the U.S. and will probably deny her GC.

If they marry within 1 month of her entry Immigration presumes she lied when she came to the U.S. and will probably deny her GC.

It is OK for a foreign fiancé to come to the U.S. on the VWP to meet her fiancé, discuss their future wedding with the intent she will return to her home country get ready for the upcoming wedding.

Finally, it is also OK for the foreign fiancé to come to the U.S. on the VWP and then change her mind after being in the U.S., get married, and apply for a GC.

While perfectly legal, this “changing mind” situation is vague and, if the Immigration officer at the GC interview doesn’t believe it, can result in spouse’s GC being denied and her being forced to leave the U.S. for up to 5 years.

The most important factor to the Immigration officer at the GC interview to judge if there was a “change of mind” is how long after the foreign fiancé came into the U.S. did she and her USC husband marry. If they marry within 1 month of her entry Immigration presumes she lied when she came to the U.S. and will probably deny her GC.

This is not true at all. She's perfectly allowed to marry while in the US

Edit: She just needs to leave afterwards

Edited November 22, 2012 by KDubovik

[Penguin_ie 6,000]

If they marry within 1 month of her entry Immigration presumes she lied when she came to the U.S. and will probably deny her GC

That is absolutely NOT true. There is nothing illegal or even "grey" about getting married on a tourist visa or the visa waiver program, it is allowed ()Vegas wedding tourism!). The only problem would be to enter with such a visa wiht the intention of getting married AND STAYING- that is not the case with the OP.

[Ryan H 3,892]

Questions about our plan:

1. Can she stay the full 90 days? We will get married like after 1 week she gets here.

2. Do my parents have to come to marriage? ---------> My family does not support our relationship because I am indian and she is japanese. Is it ok that we are married just alone?

3. How long until she can come back to USA (usually)?

4. Any idea of the cost of the entire process?

5. Should she tell immigration about our plan to get married and then go back? I think we will not tell them, but it should be ok?

Thanks and have a happy thankgsgiving!

Answers:

1. Yes
   
2. No, your parents don't have to come. Yes, it's ok to be married alone.
   
3. For using the VWP, she will need to be spending more time outside of the US than in the US. For the immigration process, plan on 7-10 months from the time a petition is filed to the time an interview takes place.
   
4. Estimated costs from filing to interview can total $1000.
   
5. She does not need to volunteer this information. A truthful generic answer to a generic question is acceptable. If she is specifically asked, then she must answer truthfully.
   

[Shiobhan 235]

Its ojk for her to marry But if so you all do it the right way and be truthfull if asked, thats the best thing, she should leave earlier than 90 days I would leave in 70 days.

[The Mean Lady 604]

Well that's not my opinion since I never was involved in a case like that. Those comments are actually cited from a news webpage which was written by some professional. Anyway, just do what is most suitable and wish them good luck.

Perhaps you're thinking of people that come to visit the US with the intention of finding someone, getting married, and getting a greencard. THAT wouldn't technically be allowed because it wouldn't be a bonafide relationship. But even then, doesn't mean it couldn't turn into one.

[chelseafc 0]

I think she will answer "no" if they ask about marriage, because we have not set a date. I will let her stay like 70-80 days because I think 90 days will be pushing it. Because I work alot, 5 months apart will be difficult but not impossible since I am always working. Also, I can go visit her I am sure.

Hope you guys are having a great thanksgiving.

[Andy and Pui 16]

I think she will answer "no" if they ask about marriage, because we have not set a date. I will let her stay like 70-80 days because I think 90 days will be pushing it. Because I work alot, 5 months apart will be difficult but not impossible since I am always working. Also, I can go visit her I am sure.

Hope you guys are having a great thanksgiving.

Never lie to immagration. If she is asked if she is going to get married she should answer truthfully. Just have her bring strong proof of ties to Japan like lease on an apartment or a mortgage on a house, bills showing she has monthly bills to pay, letter from employer stating she will be gone from work from xxx date to xxx date. Also if she stayed here earlier in the year she might not be able to spend a full 90 days here if she has used the VWP.

[Moomin 292]

Well that's not my opinion since I never was involved in a case like that. Those comments are actually cited from a news webpage which was written by some professional. Anyway, just do what is most suitable and wish them good luck.

Professional what? member of AILA?

You're giving bad advise based on what one source told you. A source that is a single webpage claiming to be a professional. Usually, it's called legal advise, and if he/she didn't offer legal advise, he/she is NOT a lawyer and about the same level as you and I. The benefit with VJ is that you have 100 people with loads of knowledge AND experience(first hand) and most of us aren't afraid to admit when it's time to lawyer up.

Would you happen to have a link to that webpage?

[Cathi 5,849]

I think she will answer "no" if they ask about marriage, because we have not set a date. I will let her stay like 70-80 days because I think 90 days will be pushing it. Because I work alot, 5 months apart will be difficult but not impossible since I am always working. Also, I can go visit her I am sure.

Hope you guys are having a great thanksgiving.

doesn't matter if you don;t have a date, she is coming here to get married and lying could result in her future visa being denied. Do you want to take that chance? I think not...Why do people try to get around the system?

[Ryan H 3,892]

I think she will answer "no" if they ask about marriage, because we have not set a date.

Doesn't matter if you have set a date or not. She would be telling a lie to CPB, and when that lie is discovered, the penatly would be a lifetime ban from the US for material misrepresentation.

Edited November 23, 2012 by Ryan H

[hikergirl 277]

http://jnusblog.takimedia.com/eng/?p=240

That's the weblink you can refer to if you want to find out whether I just personally gave bad advise basing on one source. I am not professional and I cannot give any legal advise same to you. But all I want to do is to try to do them a favor and found some similar-situation web info which can give them suggestion. They have intention to marry without telling the truth in the entry and that's not legitimate. And you should know that. And here we just share the experience or info if we think can be helpful. If you think you can give good advise, congratulations but please don't claim others' to be bad. That's not cool.

You missed the BIG point in both the article and the OPs very first post.

Article:

A NY Times article on May 14, 2010, describes a new problem for U.S. citizens (USC’s) who marry a foreign person and try to get his or her “green card” in the U.S.

OP:

We want to get married soon after her visit then she will go back to japan.

The OP is not talking about getting married and adjusting status. He is talking about getting married and her going home and them doing it the normal way. There is nothing illegal about this.