Is it possible to start the K-1 process while I (a US citizen) am living abroad?

[Sam and Yorino 0]

Hi everyone, thanks in advance for taking to the time to help. Sorry for any obvious questions I might answer as I'm still trying to figure out everything involved with this whole immigration process.

Anyways, here is my situation. I (a US citizen) have been living and working in Japan since August of 2012. While living here I met, and have just recently gotten engaged to my girlfriend. My job (and visa) in Japan ends in a little over 2 months and I will be moving back to my hometown in the States.

The reason I have picked to pursue the K-1 is to minimize the amount of time we are separated. The guides I have read so far on this website show a 7 month wait for the K-1 and a whopping 16 month wait for the K-3 or CR-1 visa. I have also already checked with the American Embassy in Japan but they have ended the Direct Consular Filing option a few years back so that is not an option for us as all applications are handled now handled through the USCIS Chicago Lockbox.

Anyways, is there any problem starting the K-1 visa process before I am back in the US? I’ve seen a lot of things on the forms making me doubt if this is possible such as item 28 on the Form I-129F asking for “Address in the United States where your fiancée intends to live.” I can’t answer this yet as I am still living in Japan and I don’t know where I will be living yet. Also looking at the Form I-134, my job in Japan has been my only source of major income the last 3 years, but this form doesn’t have a place for jobs with foreign addresses or foreign currencies earned. Plus when I go back to the States this August I will be temporally unemployed until I secure a new job.

My goal is to minimize the time we will be separated but I’m not sure if I should pursue a CR-1 visa instead. Any advice will be greatly appreciated.

[Cyberfx1024 7,978]

Yes it is possible for you to do it while abroad. I did my wife's while I was working in Afghanistan at the time, and only came back to the US when I ended my contract and after her visa was approved. It is up to you on wither or not you want a lawyer since you are abroad, and I don't know if you can do a DCF with the US Embassy in Japan or not.

[Boiler 43,433]

I thought you could DCF in Japan?

[Sam and Yorino 0]

I thought you could DCF in Japan?

I found this on the US Embassy Website.

"How to file an I-130 petition:

Effective August 15, 2011, petitioners residing overseas who wish to file a Form I-130, Petition for Alien Relative, may do so as follows:

If the petitioner resides in a country such as Japan where USCIS does not have a public counter presence, the Form I-130 must be filed with the USCIS Chicago Lockbox..."

http://japan.usembassy.gov/e/visa/tvisa-ivpetition.html

Am I mistaken?

[Boiler 43,433]

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Nope, still might want to consider CR1, seems filing from Japan will give you a mini expedite. Not a lot in it. CR1 is a better visa.

[raven52 233]

Boiler is usually ""spot on"" but in this case, unless you got info. there that tells you will have a shorter wait on a CR-1, then do it.

Otherwise, a CR-1 is about 16 months of agony, of course all of these visas are agony, but a K-1 might just go to CSC, and you will have NOA 2 in about 2-3 months.

Most of the time, unless unusual circumstances, always K-1.

Yes, you can start now.,..,.,print your forms, and info., right off this web site.

Go to top of home page, click on guides, select K-1.,.,.,.,and read and read and read.,.,.,.,.,

Good luck and a speedy approval.

[shiroiuso 3]

No DCF in Japan.

Do the K-1, go ahead and file it from Japan. CR-1 is a better visa but the "mini-expedite" isn't worth much in my experience (just take a look at my timeline).

Use your parents' address as where you intend to live, for now. You can update it later.

Since your job ends in August, are you an ALT? If so, that means your income will not continue once you return to the States and cannot be used to sponsor the immigrant. You will need a co-sponsor, unless you have a ton of savings and assets. A co-sponsor can be family or friend.

Alternately: get married, have your wife sponsor your visa in Japan (it's very easy to get, takes just a few months), and find another teaching job while you wait for your CR-1. That would minimize your time apart to 0.

[Dave&Roza 748]

Hi everyone, thanks in advance for taking to the time to help. Sorry for any obvious questions I might answer as I'm still trying to figure out everything involved with this whole immigration process.

Anyways, here is my situation. I (a US citizen) have been living and working in Japan since August of 2012. While living here I met, and have just recently gotten engaged to my girlfriend. My job (and visa) in Japan ends in a little over 2 months and I will be moving back to my hometown in the States.

The reason I have picked to pursue the K-1 is to minimize the amount of time we are separated. The guides I have read so far on this website show a 7 month wait for the K-1 and a whopping 16 month wait for the K-3 or CR-1 visa. I have also already checked with the American Embassy in Japan but they have ended the Direct Consular Filing option a few years back so that is not an option for us as all applications are handled now handled through the USCIS Chicago Lockbox.

Anyways, is there any problem starting the K-1 visa process before I am back in the US? I’ve seen a lot of things on the forms making me doubt if this is possible such as item 28 on the Form I-129F asking for “Address in the United States where your fiancée intends to live.” I can’t answer this yet as I am still living in Japan and I don’t know where I will be living yet. Also looking at the Form I-134, my job in Japan has been my only source of major income the last 3 years, but this form doesn’t have a place for jobs with foreign addresses or foreign currencies earned. Plus when I go back to the States this August I will be temporally unemployed until I secure a new job.

My goal is to minimize the time we will be separated but I’m not sure if I should pursue a CR-1 visa instead. Any advice will be greatly appreciated.

Why not get married in Japan and do DCF for your spouse (see this thread http://www.visajourney.com/forums/topic/169941-re-dcf-eligibility-us-citizen-marrying-japanese-citizen/) You might not make the 2 months before your job ends, but who knows.

Dave

[Sam and Yorino 0]

No DCF in Japan.

Do the K-1, go ahead and file it from Japan. CR-1 is a better visa but the "mini-expedite" isn't worth much in my experience (just take a look at my timeline).

Use your parents' address as where you intend to live, for now. You can update it later.

Since your job ends in August, are you an ALT? If so, that means your income will not continue once you return to the States and cannot be used to sponsor the immigrant. You will need a co-sponsor, unless you have a ton of savings and assets. A co-sponsor can be family or friend.

Alternately: get married, have your wife sponsor your visa in Japan (it's very easy to get, takes just a few months), and find another teaching job while you wait for your CR-1. That would minimize your time apart to 0.

Thanks for the info. To update the thread I have started the processing of preparing my application for the K-1 visa. I did consider extending my contract at my current job but do to poor exchange rates and the overall low salary of working in Japan I have decided to head back home to find a new job. Part of me still wants to stay here but I got to get into a better career has teaching out here is basically dead end in the long run (sorry other English teachers!)

Yeah, I do have a couple potental job leads in America once I get back but I can always use my family as a cosponser if they don't work out.

Why not get married in Japan and do DCF for your spouse (see this thread http://www.visajourney.com/forums/topic/169941-re-dcf-eligibility-us-citizen-marrying-japanese-citizen/) You might not make the 2 months before your job ends, but who knows.

Dave

Thanks, but the DCF option ended in Japan in 2012. This thread is from 2009 back when it was still an option. Appreciate the effort though!

[Valociraptoru 0]

I was reading this discussion and it inspired me to join this website, because my fiance and I are in the exact same position! I am an ALT, my contract ends in August and I'll be heading back to the states. This discussion has answered a lot of questions for me so far. Can I bring him back with me just for a few weeks, as a tourist so he can meet everyone?? Or will that impede the process? I have a lot of other questions regarding my situation but maybe I should just start a new thread? Thank you!!

[Boiler 43,433]

That would be best.