Question about police certificates and timing

[Sabazou 18]

Backstory:

I met my fiancee here while she was on her final months of J1 visa (she's an Au Pair from Japan((no two year requirement))). She's leaving to go back home to Japan next week on the 22nd. We've talked about just getting married while she's here already and adjusting status but we are leaning more towards me sending out the K1 application before or right after she leaves. I'm putting together all the documents and it looks like she's going to eventually need a police certificate because she's lived in the US for longer than 6 months.

I downloaded the form I783 from the FBI site and it says I need a 'fingerprint card'. My questions are:

1) Is this the correct form to get 'police certificates'?

2) Is it ok if we request these certificates now even though we may not need them until much later when she goes for the Embassy interview? I figured it would be easiest to get this out of the way now while she is still here rather than having her submit this form from Japan.

3) Where do I get fingerprinted, none of the local police stations say they do it. I bought some FD258 cards and ink myself but I'm not confident I can do it properly.

Thanks for any help!

[aaron2020 11,652]

She does not need a police certificate from the US.

Just get marry and file to adjust status. If you go for the K-1, you will be separated for a year.

[afortunada 182]

She does not need a police certificate from the US.

Just get marry and file to adjust status. If you go for the K-1, you will be separated for a year.

Correct. Police certificates from the US are not required. And I agree that filing an adjustment of status now is a better decision IMO if you are not prepared to be separated for a long time.

Some things to keep in mind, however: if you do get married now and file for AOS, she can not return to Japan until the processing is completed, nor can she work. Or, if you decide to start the K-1 process after she leaves, you will be separated for a long time in which you can visit her in Japan but she can not visit you in the US, and on top of that she also can not work in the US until she has arrived here and her AOS to becoming a resident is completed.

This is just from my personal experience, but I would give anything to not be separated from my husband while we are making this process. We've been apart for 9 months and are looking at another 8-12 (or maybe more), and it's a million times more difficult than either of us ever anticipated. Had I had the option to have him here and adjust status, I would have taken it in a heartbeat! But, everyone is different, and maybe that decision is not the best for you. Just wanted to share my feelings on the matter!

Good luck with everything

[aaron2020 11,652]

Correct. Police certificates from the US are not required. And I agree that filing an adjustment of status now is a better decision IMO if you are not prepared to be separated for a long time.

Some things to keep in mind, however: if you do get married now and file for AOS, she can not return to Japan until the processing is completed, nor can she work. She can leave with AP and work with an EAD before the processing for AOS is complete. It takes about 90 days to get the AP/EAD combo card when filing for AOS. Or, if you decide to start the K-1 process after she leaves, you will be separated for a long time in which you can visit her in Japan but she can not visit you in the US, and on top of that she also can not work in the US until she has arrived here and her AOS to becoming a resident is completed. She can visit if she can pass ESTA. She can get AP and EAD before the process is complete.

This is just from my personal experience, but I would give anything to not be separated from my husband while we are making this process. We've been apart for 9 months and are looking at another 8-12 (or maybe more), and it's a million times more difficult than either of us ever anticipated. Had I had the option to have him here and adjust status, I would have taken it in a heartbeat! But, everyone is different, and maybe that decision is not the best for you. Just wanted to share my feelings on the matter!

Good luck with everything

You got several things wrong.

Edited July 15, 2016 by aaron2020