I-129F Application when Japanese Woman Divorce < 6 Months

[Rc123rc 528]

I have a question.

I am a US Citizen and I have been in a relationship with a Japanese woman for a awhile and I have been researching the Form I-129F process quite a bit. There is one question I can't seem to find a straight answer on.

The Japanese woman's divorce was recently completed. However, Japanese family law says a Japanese woman cannot remarry for 6 months.

My Question is. Can an I-129F Application be filled out and submitted for approval before the 6 month time limit is complete? As it is.. the I-129F approval process looks to be 6-7 months in some cases. Adding that time to the 6 month divorces restriction and we are looking at maybe 15 months before possible marriage.

Thank You,

[Ash.1101 1,755]

It can't be submitted until AFTER she is free to marry. They will still log when they receive it, which is usually within a week or so, so they'll know if they got it before the 6 month period. Don't risk it, just wait out the six months. You have to both be free to marry at the time that you apply (date they receive it) not by the time they process it.

Right now it's not taking 5-6 months, more like 1-2 months, 2 and a half max. The ones showing 6 months or more are from Texas Service Center. They are no longer sending petitions to that, instead they go to California Service Center after being forwarded from the lockbox. California Service Center is averaging a little over a month before approval.

My entire process from 129F petition to interview took less than six months. I sent out the petition April 22nd, and interview is tomorrow Sept 22nd. So only 5 months from when I mailed I-129F to interview date.

Edited September 22, 2015 by Ash.1101

[helloheyhey 9]

I think she already divorced but she cant marry for six months.Well, u are going to apply in us so they dont work with japonese laws. The approval that you get from them its just background check and if both of u are eligible to marry each other by checking if u have all required documents. Next step is japonese embassy. Here is the small problem. One suggestion. Why dont u choose another embassy in another state nearby? You can use this option. But i think that the embassy must not care because she is getting married in usa not japan and she intends to live in usa in the future.

Or if this is a problem for the embassy, i suggest that both take it easy in gathering the documents which are a lot, this might take you a month ( i took it easy too on documents cuz wanted to make sure all is accurate) one month + 1-2months till ur approval + 1-2 months till embassy asks you to schedule an appoinment interview and then u can schedule the appointment whenever u want in the next 1-2 month/s. U have to submit other documents during the process so try and prolong them. Good luck-!

[Chris and ZhiJia 146]

I think she already divorced but she cant marry for six months.Well, u are going to apply in us so they dont work with japonese laws. The approval that you get from them its just background check and if both of u are eligible to marry each other by checking if u have all required documents. Next step is japonese embassy. Here is the small problem. One suggestion. Why dont u choose another embassy in another state nearby? You can use this option. But i think that the embassy must not care because she is getting married in usa not japan and she intends to live in usa in the future.

Or if this is a problem for the embassy, i suggest that both take it easy in gathering the documents which are a lot, this might take you a month ( i took it easy too on documents cuz wanted to make sure all is accurate) one month + 1-2months till ur approval + 1-2 months till embassy asks you to schedule an appoinment interview and then u can schedule the appointment whenever u want in the next 1-2 month/s. U have to submit other documents during the process so try and prolong them. Good luck-!

There is a section of the I-129F that literally states

Your Certification

I certify that I am legally able to and intend to marry my alien fiance(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit that I am seeking.

Now I'm not as much of an expert as many others here, but I do believe that the "legally able to marry section" requires them to be legally able to marry according to U.S. Law, and the Laws of their country, especially because Japan recognizes dual-citizenship. While your marriage "may" be legal in the US, who knows what complications will arise when trying to register it in Japan also.

I welcome anyone else with more knowledge to weigh in on this, but that is just my understanding.

[Eric The Wait 40]

I have a question.

I am a US Citizen and I have been in a relationship with a Japanese woman for a awhile and I have been researching the Form I-129F process quite a bit. There is one question I can't seem to find a straight answer on.

The Japanese woman's divorce was recently completed. However, Japanese family law says a Japanese woman cannot remarry for 6 months.

My Question is. Can an I-129F Application be filled out and submitted for approval before the 6 month time limit is complete? As it is.. the I-129F approval process looks to be 6-7 months in some cases. Adding that time to the 6 month divorces restriction and we are looking at maybe 15 months before possible marriage.

Thank You,

I have two points to make: You'll see how these tie together.....

1. Did your fiance have a Kyogi-Rikon divorce? That's also known as a City Ward divorce. There is no Court involvement, just a filing at the Mayor's office. Thus, no Court Decree of Divorce. When you read the I-129f directions it will ask you to produce a Japanese Divorce Decree, with translation, of course. You'll be scratching your head if she did get a Kyogi-Rikon (Mutual Consent) divorce because there won't be a Court Decree to produce. (Thankfully, there is other paperwork you can include with your i-129f).

2. If you file before the 6 month period expires your I-129f will be denied. You will have to start over with a new Petition.

I believe your reasoning is flawed: You are assuming that the USCIS rules, and the entire K-1 Processing system, is based on what is practical or impractical. it is not. It's based on a legal formula, and if you don't follow it, you're out and there is no appeal. So, your reasoning assumes that it is impractical, (dare I say impossible) that your K-1 application will be processed before the 6 month period expires. Therefore, your fiance will be free to marry when the Visa is ready to be granted. But, while impractical, it is theoretically possible that your fiance's K-1 Visa COULD be issued in three weeks. Likely...of course not.

But let's just assume for a moment a mistake is made and your i-129f ends up in an expedited pile for emergency refugees. Likely....no. Theoretically possible: Yes. Let's assume the USCIS gets more funding and hires a thousand new adjudicators. Likely....no. Possible....well.....

In any event, your fiance's status must be "Free To Marry" on the date you and her sign that I-129f Petition and sign the "Letters of Intent to Marry" and sign Biogrqaphical Data forms and all the other stuff you need to include with the I-129f.

The other responder who says this is all dependent on US Law is, respectfully, wrong.

Example: Remember above I mentioned the Kyogi-Rikon divorce. Well, 90% of all divorces in Japan are done by this method. Kyogi-Rikon divorces involve no Court, They are accomplished without a Judge's order. The procedure is done through the Mayor's office. There is no divorce like this which is legal anywhere in the United States. None. Zip.

However, the USCIS will give Japanese Law something known as COMITY. The basic premise behind Comity is that the United States will recognize the legitimacy of laws and procedures in foreign countries as long as those laws do not offend some important public policy underpinning our laws. Therefore, "weird" foreign procedures such as Kyogi-Rikon are generally given Comity. The USCIS will recognize all lawful Japanese divorce procedures, even the weird ones which are different from our laws. You benefit from Comity: If your fiance indeed had a Kyogi-Rikon divorce, without Comity she wouldn't even be considered divorced in the United States and the 6 months waiting period would be the least of your worries.

Since you BENEFIT from Comity being extended to Japanese procedures, you must also bear the BURDENS of Comity. So the USCIS will DEFINITELY consider Japanese rules when assessing your i-129f Petition. And if those rules state that your fiance is not free to marry in Japan then she is not free to marry in the United States. And until she is free to marry in every relevant jurisdiction, you can not file for a fiance visa. Period.

I open the floor up to debate.....

Edited September 22, 2015 by Eric The Wait

[tamcloud 92]

*I've deleted reply, because a much more informed response came in, while I was typing.

Edited September 22, 2015 by tamcloud

[Rc123rc 528]

Thank you for your responses so far. The divorce is a Kyogi Rikon. From what I can see from the responses, this may pose a problem for documentation. I will need to see how this can be handled. Also, I agree with all the comments about waiting for 6 months to expire before submission of an I-129F. Thanks again.