US Citizen with Japanese National Wife - IR-1 Questions!

[Jonbre 0]

Hi, everyone!

I am a US citizen, and I'll be moving back to the US for a new position, in late July.
My wife is a Japanese national (we were married here in Japan in 2015), and she will be staying here until our child is born in late October.

I want to get the ball rolling with her visa application, and I've found that I will need to fill our an I-130 for her IR-1 visa.
This is fine, but I'm worried that the application will take too long to process (I read that it could take up to a year!).

My questions:

1.) Should I fill out a K-3 application for a non-immigrant visa for my wife, and send it in as one package, along with
the I-130 application?

2.) Once her K-3 comes through, I know she can be in the US as she waits for her I-130 to be approved.  However, once
the I-130 is approved, will she have to fly back to Japan to get her IR-1 visa?

3.) Our new US address is not finalized, yet.  May I enter my family's address as a substitute for her application(s), and somehow
update USCIS, later, with the new address?

Thanks, everyone!  I'm just looking to get this done, ASAP!

-Jon in Japan

[JFH 12,191]

The K-3 is as good as obsolete so I wouldn’t waste any time on that. In any event, if you do decide to file for it you need to have a receipt for an I-130 first. You don’t send it in the same package. 

 

 

The process takrs svout a year to 14 months. It is what it is. She can visit you during the process. 

 

If you you don’t have an address in the US yet just use the address of a relative where you can receive mail and update it later once you have a permanent address. 

[Jojo92122 1,924]

1.  Don't count on the K3.  It will be administratively closed once the I-130 for the CR-1 is approved.

 

2.  Not going to happen.  Don't count on her getting a K3

 

3.  Yes.

 

Look into DCF in Japan.  DO THIS BEFORE YOU LEAVE JAPAN.  This is the quickest way to get your wife to the US.  If you have to file in the US, it will take a year or so for your wife to get a visa.

 

You're starting this process VERY LATE.  DCF is your best option.

[Jonbre 0]

JFH and Jojo92122, thanks for replying.

So, from what you both said, there is no way for my wife and child to reside in the US
with me until my wife's I-130 comes through.  Is this correct?

I didn't know about this new position until very recently, so there isn't much I could
have done, prior to this.  We're both still in Japan, and she is due with our first child
in October.

Thanks,

-Jon in Japan

[NikLR 13,232]

2 minutes ago, Jonbre said:

JFH and Jojo92122, thanks for replying.

So, from what you both said, there is no way for my wife and child to reside in the US
with me until my wife's I-130 comes through.  Is this correct?

I didn't know about this new position until very recently, so there isn't much I could
have done, prior to this.  We're both still in Japan, and she is due with our first child
in October.

Thanks,

-Jon in Japan

Pretty much.  She can visit but she can't live there until the Visa is granted.  You will also need a CRBA for the child after they are born so they can get a passport and move to the USA when mom immigrated.  

[Crazy Cat 42,683]

19 minutes ago, Jonbre said:

JFH and Jojo92122, thanks for replying.

So, from what you both said, there is no way for my wife and child to reside in the US
with me until my wife's I-130 comes through.  Is this correct?

I didn't know about this new position until very recently, so there isn't much I could
have done, prior to this.  We're both still in Japan, and she is due with our first child
in October.

Thanks,

-Jon in Japan

That is correct.  Entering the US via a non-immigrant visa or ESTA with the intent to stay in the US and adjust status is visa fraud.  It results in severe consequences.  However, short visits in the US during the I-130 process and the NVC process is perfectly legal, many people do this.  Currently, processing time from paperwork submission to visa in hand is 12-14 months on average, assuming there are no hiccups. 

 

This is a long, tiring, and expensive process.  Good luck on your visa journey and your new job.

Edited June 30, 2018 by missileman

[Jojo92122 1,924]

23 minutes ago, Jonbre said:

JFH and Jojo92122, thanks for replying.

So, from what you both said, there is no way for my wife and child to reside in the US
with me until my wife's I-130 comes through.  Is this correct?

I didn't know about this new position until very recently, so there isn't much I could
have done, prior to this.  We're both still in Japan, and she is due with our first child
in October.

Thanks,

-Jon in Japan

The I-130 is only the first part.  It will take USCIS about 6 or so months to approve it before sending it off to the NVC.  You would submit an I-864 to the NVC and your wife would file a DS-260.  Then an interview in Japan for an immigration visa about a year after you file the I-130.  THEN, she can immigrate.

 

DCF is your best choice.  Look into it now.  This will allow you to bypass the process in the US and have the I-130 processed in Japan.  It requires you to have residency in Japan.  Once you leave Japan, you will not qualify to file DCF.  This may get your wife to the US by the end of this year.

Edited June 30, 2018 by Jojo92122

[Crazy Cat 42,683]

I agree 100% that if you can go the DCF route, do it....it is much faster....

[Jonbre 0]

I shall certainly look into the DCF, although I'm not quite sure what our "exceptional circumstances" would
be, other than the fact that our family will be split up until my wife can come to the US.  I'm quite taken aback
that the consulate and USCIS would lie to me about the K-3 visa, but I suppose there's nothing to do about it.

I have friends and family that did this process, but with the "fiancee visa," and it took much less time - I suppose
we should have waited to get married and gone this route?

[Roel 7,193]

K1 visa might take up to a year also and in your situation would be kind of pointless- spouse visa is much better for you. 

 

And being apart is not a special circumstances really- everyone who waited for k1 or cr1 visas was apart at some point. 

[mrmvkjts 459]

15 minutes ago, Jonbre said:

I shall certainly look into the DCF, although I'm not quite sure what our "exceptional circumstances" would
be, other than the fact that our family will be split up until my wife can come to the US.  I'm quite taken aback
that the consulate and USCIS would lie to me about the K-3 visa, but I suppose there's nothing to do about it.

I have friends and family that did this process, but with the "fiancee visa," and it took much less time - I suppose
we should have waited to get married and gone this route?

The CR1/IR1 visa doesnmt really take that much longer than the K1 nowadays

especially becaue you later have to adjust status and wait until u can work ( on K1)

With the IR1/CR1 your wife will be able to immediately get her greencard as well as work and travel again if she would want to

And with you being married for over 2 years already your wife will get a 10 year green card right away

 

So I would as well say: definitely get information about DCF and start the process asap!!!

Good luck!

[Jojo92122 1,924]

52 minutes ago, Jonbre said:

I shall certainly look into the DCF, although I'm not quite sure what our "exceptional circumstances" would
be, other than the fact that our family will be split up until my wife can come to the US.  I'm quite taken aback
that the consulate and USCIS would lie to me about the K-3 visa, but I suppose there's nothing to do about it.

I have friends and family that did this process, but with the "fiancee visa," and it took much less time - I suppose
we should have waited to get married and gone this route?

No body lied to you about the K3.  Like most Americans, you probably thought that immigration for your wife would be fast and easy.  It's not.  During this process, you will learn many new things.  You will see that you misunderstood things along the way because immigration is a bit more complex than what the average American thinks.

 

For example: you will learn that DCF with a spouse is faster than going the K1 route.  You will learn that DCF is truly the fastest and best option to getting your wife to the US.  Consider how long it took the spouses of your family and friends to file and get the K1, then get marry in the US, file for AOS, wait for their EAD/AP cards, and wait almost a year for a green card.  Their total time is 2 years.  With DCF, your wife can have an immigration visa in 6 months and upon entry into the US, she automatically gets a green card without you having to file anything else.  Also, having been married for over 2 years, you avoid the removal of conditions that your family and friends on the K1 had to pay for and endure.  

 

If you want legal advice, hire a lawyer.  The purpose of the consulate and USCIS is to process and judge the applications in front of them.  It is not their job to advise you how to navigate the world of visas and what your filing options may be.  That's your lawyer's job.  If you don't want to hire a lawyer, then it's your job.

 

Take the time to educate yourself like you are doing.  This is your journey and your responsibility.  

 

READ.  READ.  READ.  Then come back here with questions.

 

Best of luck.

Edited June 30, 2018 by Jojo92122

[Crazy Cat 42,683]

4 hours ago, Jonbre said:

I have friends and family that did this process, but with the "fiancee visa," and it took much less time - I suppose
we should have waited to get married and gone this route?

You are much better with a CR-1/IR-1:

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[geowrian 22,338]

5 hours ago, Jonbre said:

I'm quite taken aback
that the consulate and USCIS would lie to me about the K-3 visa, but I suppose there's nothing to do about it.

They didn't lie...K-3 is on the books until immigration law is changed, and they are required to go by the law. The practicality of it is another issue. They are prohibited from providing legal advice (i.e. on what you "should" do).

[Ryan H 3,834]

The published guideline for exceptional circumstances which may allow DCF can be found here:  https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf