Filing for a CR-1 Visa from Japan - HELP NEEDED

[jhoep585 0]

Hello,

This is my first time writing on this forum. My fiancee and I are about to begin the visa process and we're a bit overwhelmed. I've researched and read extensively on this website and the U.S. Embassy website but I still want to make sure we're pursuing the best course. If anyone could lend some advice or information it would be greatly appreciated. Thank you so much!

Here is our background. I am an U.S. Citizen and I have been living and working in Japan for the past two years. My fiancee and I have been together for 3 and a half years. She is a native Japanese citizen. We have completed all the paper work and will be getting legally married next week in Japan.

I will be moving back to the U.S. most likely around April 2014. She will be staying in Japan for several months after I leave. She will be finishing up a teaching license and will be waiting for the visa process to complete. We hope the process goes as smooth as possible and we won't be separated for a long time waiting for our visa. I'm prepared to return to Japan for an interview, if it cannot be done before I leave.

In our situation, it seems like the CR-1 Spouse Visa is the best option. We decided not to pursue a K-1 (Fiance) Visa because we wanted to get married sooner than that would allow us. However, I am a bit confused over applying for a CR-1 visa. Since I am living in Japan, I am eligible to submit the I-130 to the Chicago lockbox. I am aware Japan does not allow DCF since August 2011. But is filing overseas to the Chicago lockbox the fastest and best process? Will it process faster than an applicant who is applying from America to the USCIS? I know it is hard to say, but roughly, how long can expect for this entire CR-1 Visa process to take?

We have financial stability, I'll have a job and a place of residence lined up in the U.S. In addition, my parents will be able to serve as her co-sponsor, so I am not worried about the AOS not being accepted. We are a happy, soon-to-be married couple that has nothing to hide or lie about. I don't see any problems with the interview. However, are there any other obstacles that I need to be aware of or need to prepare for?

I have a friend who was in a similar situation and had just about everything go wrong that possibly could. Their process took over 2 and half years. We just really want to have a smooth process and be able to start a life and family together in the U.S. by sometime in late 2014. Any advice or info would be greatly appreciated. Thank you!!

[R<3S 97]

I am not sure but I think if you cannot do DCF, filing the CR-1 is the same from anywhere, it just has to reach the USCIS office. Right now CR-1 is taking a long time and there is a lot of backlog. Also, do you have domicile in US? CR-1 is not the fastest option right now. I have been waiting for over 8 months and not NOA2 yet.

[Penguin_ie 6,001]

You seem to have a good understanding of the process. from filing to visa it should take about a year, and then she has 6 months to use the visa.

[jhoep585 0]

I am not sure but I think if you cannot do DCF, filing the CR-1 is the same from anywhere, it just has to reach the USCIS office. Right now CR-1 is taking a long time and there is a lot of backlog. Also, do you have domicile in US? CR-1 is not the fastest option right now. I have been waiting for over 8 months and not NOA2 yet.

Thank you for the reply. Yes, I still have domicile in the U.S.

Yeah, after looking into it some more, you are definitely right. Filing the CR-1 is the same from everywhere. It really doesn't seem to make any difference what country I am filing from.

Sorry to hear about your long delay, I really hope you hear back soon. Yeah, I was afraid of there being a long delay and backlog. Do you know if there is a better way in my situation?

[R<3S 97]

Maybe K-3 visa? It may be more expensive in the long run though.

[Darnell 8,479]

Maybe K-3 visa? It may be more expensive in the long run though.

I would challenge this route, each and every time.

[Penguin_ie 6,001]

I would challenge this route, each and every time.

I agree with my learned friend here.

Besides, getting a K3 is in and of itself extremely rare.

[Dan from MI 23]

Well, I applaude you for doing your homework, most people did not get as far as you did when they appeared on VJ.

You really have almost no choices.

Right now K1 is much faster but the question is for how long is it going to be fast? There are some people that are saying that they will slow down in order to speed up CR-1 visas. However it sounds like you are pretty much set to go CR-1 route. And don't even think about K3 route. It is almost non-existing.

So... expect to sit and wait for up to a year.

You can try having her come visit for a short time.- Does she have a visitor visa? Otherwise getting visitor visa after applying CR-1 is next to impossible.

[R<3S 97]

Seems like CR-1 is the best option for you right now, although be aware that it is not a fast process at all, as of now.

[jhoep585 0]

Thank you again for your responses.

Now I regret not applying for the K-1 Fiance visa several months ago when we got engaged. The CR-1 seems better for us, but the longer processing time really makes things difficult Our plan has been to get legally married in Japan this month (Dec.) and have a small wedding in Japan. We have begun planning a large wedding celebration in the US in January of 2015 and to begin our life in the US around that time. But it seems like it may be difficult for her to get her visa via the CR-1 route before January 2015.

I guess that leaves me two questions. First, would it be better to change my plan? That is, file for the K-1 (Fiance Visa) since it is currently quicker and hope it can be completed by January 2015? We've been pretty set on getting married in Japan and have everything arranged to do it next week. Although inconvenient, it is possible to change our plan now by holding off our marriage and pursuing a K-1. But ultimately, getting her visa by January 2015 so we can have a US wedding and start our life in the US is the top priority.

Second, say if we were to do either the K-1 or CR-1 and it was not finished by January 2015, would she be able to enter the US on a tourist visa to attend the US wedding ceremony? She has a tourist visa because Japan/US have a VWP. However, I've read how it can be difficult to enter if you have an immigration papers filed and pending. Is there any difference between the K-1 and the CR-1 in this regard? Does she have a better chance of not getting denied entry with one of the two visa options?

Again, thank you so much for all the answers. Any further advice/input would be greatly appreciated. We will have to make my decision and pursue our visa course very soon.

[JA_Martinez 81]

So many answers to send back to you but i want to read your information more carefully again and will come.back to you on most of this. Just want to say its great you've put the reaearch time in on all fronts, will surely make it easier to underatand i advance. There are several sets of cirumstances to be linsideres i'll try to sort through thie

[B & G 200]

Thank you again for your responses.

Now I regret not applying for the K-1 Fiance visa several months ago when we got engaged. The CR-1 seems better for us, but the longer processing time really makes things difficult Our plan has been to get legally married in Japan this month (Dec.) and have a small wedding in Japan. We have begun planning a large wedding celebration in the US in January of 2015 and to begin our life in the US around that time. But it seems like it may be difficult for her to get her visa via the CR-1 route before January 2015.

I guess that leaves me two questions. First, would it be better to change my plan? That is, file for the K-1 (Fiance Visa) since it is currently quicker and hope it can be completed by January 2015? We've been pretty set on getting married in Japan and have everything arranged to do it next week. Although inconvenient, it is possible to change our plan now by holding off our marriage and pursuing a K-1. But ultimately, getting her visa by January 2015 so we can have a US wedding and start our life in the US is the top priority.

Second, say if we were to do either the K-1 or CR-1 and it was not finished by January 2015, would she be able to enter the US on a tourist visa to attend the US wedding ceremony? She has a tourist visa because Japan/US have a VWP. However, I've read how it can be difficult to enter if you have an immigration papers filed and pending. Is there any difference between the K-1 and the CR-1 in this regard? Does she have a better chance of not getting denied entry with one of the two visa options?

Again, thank you so much for all the answers. Any further advice/input would be greatly appreciated. We will have to make my decision and pursue our visa course very soon.

It is not difficult to enter on a VWP as long as your fiancee can prove strong ties to Japan, such as a job, an apartment lease, bank accounts and so on and so forth.

We filed our I-130 in August and I travelled to the US for 3 and a half weeks in September with no issues at POE. The evidence of ties to Greece that I had with me was:

A photocopy of our NOA1 to prove we are in the process of filing for a CR1 visa.

Letter from employer stating when I start my leave and when it ends and that I am expected back at work on so and so date.

My work schedule showing my leave.

Bank statements showing my address in Greece from 2 different banks.

Mobile phone statements again to show address.

Travel insurance for the days I would be in the US

And of course, a return ticket.

CBP officer did not even look at any. Was more concerned as to why I was bring towels as a gift to my husband. I told him they were a wedding present. He laughed, stamped my passport.. welcome to the US!