Unusual situation? Which spouse visa for a reverse expat?

[gerdemb 0]

Hello,

 

I'm a USC living permanently in Japan with a Japanese spouse. Recently my company has been discussing sending me to the USA for a 2-3 year expat assignment and I am wondering what visa would be appropriate for my wife. Since we are not planning to immigrant to the USA permanently and she doesn't want to get a green card, a non-immigrant visa seems most appropriate, but I can't find one that seems to apply in this situation. The IR-1/CR-1 or K-3 visas are quite expensive and take a very long time to process. The company will probably only give me a few months notice before the move and if my wife starts her application at that point it could be many more months before should could join me. It sounds like a DCF application would be much faster, but I believe these are not available in Japan. Please correct me if I'm wrong.

 

Any advice?  Is there some other kind of visa that my company could sponsor for her to come?

 

Ironically, if I was not a USC I could use an L-1 intracompany transferee visa and my wife could come an L-2 visa available to dependents of L-1 visa holders. These visas seem realitvely quick and relatively straightforward to get.

 

Thanks for any and all advice.

 

Frustrated husband in Japan

 

 

[gerdemb 0]

Sorry, for responding to my own post, but I have one other concern. I believe that since I'm living outside the USA I need to demonstrate my intent to reestablish my domicile in the USA to be eligible for sponsoring my spouse, but I am planning to return to Japan after a few years. Is that going to be a problem?

[jan22 2,901]

There is a procedure to get approval to do DCF at an Embassy under "exceptional circumstances".  One of the reasons is a job offer in the US that has a short time for reporting to work.  (See the last paragraph on https://www.uscis.gov/i-130-addresses for more information). 

[gerdemb 0]

2 minutes ago, jan22 said:

There is a procedure to get approval to do DCF at an Embassy under "exceptional circumstances".  One of the reasons is a job offer in the US that has a short time for reporting to work.  (See the last paragraph on https://www.uscis.gov/i-130-addresses for more information). 

Interesting. Thanks for the link. Seems like much is left the consular officers discretion. I wonder what their definition of "short notice" is. I imagine I will get a couple months notice from my company before the transfer.

[jan22 2,901]

11 minutes ago, gerdemb said:

Interesting. Thanks for the link. Seems like much is left the consular officers discretion. I wonder what their definition of "short notice" is. I imagine I will get a couple months notice from my company before the transfer.

Actually, it has nothing to do with the consular officer.  Your request to file DCF is sent to the regional USCIS office responsible for Japan (Seoul).  They make the approve/disapprove decision and notify the consular section that they are/are not authorized to accept the I-130.  A couple of months would be considered short notice.

[Boiler 43,588]

She can use the VWP just to visit.

[gerdemb 0]

6 minutes ago, Boiler said:

She can use the VWP just to visit.

Would visiting under the VWP while her application is being processed be a problem?

[Boiler 43,588]

13 minutes ago, gerdemb said:

Would visiting under the VWP while her application is being processed be a problem?

Unlikely, we have a mega thread on the subject.

[CEE53147 559]

Can she work for your employer and qualify for an L1 on her own?

[gerdemb 0]

5 hours ago, CEE53147 said:

Can she work for your employer and qualify for an L1 on her own?

She's not working for my employer now and they wouldn't hire her just for her visa application. Even if they would, this seems fraudulent...

Edited October 9, 2018 by gerdemb

[CEE53147 559]

Many couples work for the same employer.  If she is doing a legitimate position for which she is qualified for, it is not fraud.  Some employers seeking to post a valuable employee abroad choose to employ the spouse as well.

 

You may need to turn down this opportunity and start looking for another job.