i want to claim my japanese wife a greencard

[flavorgreentea 0]

my fiancee from japan is coming heren in june 2007 without a visa or what so ever. prior to u.s immigration japanese citizen are able to stay here in the u.s for 90 days. im a u.s citizen and im planning to marry my fiancee wthin the 90 days, probably this coming july or august 2007. my 1st question is after we get married can she possibly file an i-130 to claim a greencard? 2nd can she stay with me without going back to japan while we work things out? what should i do wtih this matter?

this matter has been bothering me and i need an immdiate respond to any one out there who can guide me through this. thank you so much for putting your time to read my post, i truly appreciated.

note: she is coming to the u.s.a without fiancee visa

[MaydayDas 1]

Welcome to VJ!

If somebody is entering US on a tourist visa with the intention of getting married it is considered FRAUD.

[kitkat1 5]

She is coming as a visitor. Since you have the intention to marry while she is here, you only have one option. Once you are married, begin the petition paperwork for a spousal visa. She will return home and wait for the petition to be approved, forwarded to the NVC, and forwarded to her consulate. She will then get all of the required documents, have a medical exam and interview and if all is in order, receive her visa.

If you marry while she is in the US as a visitor and she had the intention to marry when she entered, it is visa fraud. People who want to marry and remain in the US are required to petition for, receive and enter the US using the appropriate visa - a Fiance visa. If she marries when she is here as a visitor, you will most likely run into problems when you attempt to adjust her status, because you have the intent to marry now. Worst case scenario would be deportation and the need for a waiver to return to the country.

Start by reading the guides and understanding your options here: http://www.visajourney.com/forums/index.ph...mp;page=compare and here: http://www.travel.state.gov/visa/immigrant...es_1315.html#3d so you can make an educated decision and avoid any legal problems.

[Kathryn41 3,205]

Actually, if she enters the US with the intention to marry, marries, and then leaves the country to apply for a spousal visa, it is not fraud. If she enters the US with the intention to marry, marries and applies to adjust status to permanent resident without leaving the US, then it is fraud. Just a clarification . . .

Also, if border guards at the POE suspect that she is planning on marrying in the US - whether she intends to leave or not - they may not let her in, expecting that she will attempt to adjust status from within the US and commit fraud. It is not illegal to marry and leave, however, the guards expect the worst of people when they are crossing the border and do not give anyone benefit of the doubt. Just so you can be prepared . . .

Edited May 19, 2007 by Kathryn41

[Nancy2015 2]

my 1st question is after we get married can she possibly file an i-130 to claim a greencard?

You can possibly file an I-130 and all the rest, but you may very well run into lots of problems, since what you are trying to do is immigration fraud.

[flavorgreentea 0]

my 1st question is after we get married can she possibly file an i-130 to claim a greencard?

You can possibly file an I-130 and all the rest, but you may very well run into lots of problems, since what you are trying to do is immigration fraud.

thank you for your respond

Actually, if she enters the US with the intention to marry, marries, and then leaves the country to apply for a spousal visa, it is not fraud. If she enters the US with the intention to marry, marries and applies to adjust status to permanent resident without leaving the US, then it is fraud. Just a clarification . . .

Also, if border guards at the POE suspect that she is planning on marrying in the US - whether she intends to leave or not - they may not let her in, expecting that she will attempt to adjust status from within the US and commit fraud. It is not illegal to marry and leave, however, the guards expect the worst of people when they are crossing the border and do not give anyone benefit of the doubt. Just so you can be prepared . . .

thank you for your great advise

thank you for your great advice

thank you for your time and a great advice

[pushbrk 12,257]

my 1st question is after we get married can she possibly file an i-130 to claim a greencard?

You can possibly file an I-130 and all the rest, but you may very well run into lots of problems, since what you are trying to do is immigration fraud.

thank you for your respond

Actually, if she enters the US with the intention to marry, marries, and then leaves the country to apply for a spousal visa, it is not fraud. If she enters the US with the intention to marry, marries and applies to adjust status to permanent resident without leaving the US, then it is fraud. Just a clarification . . .

Also, if border guards at the POE suspect that she is planning on marrying in the US - whether she intends to leave or not - they may not let her in, expecting that she will attempt to adjust status from within the US and commit fraud. It is not illegal to marry and leave, however, the guards expect the worst of people when they are crossing the border and do not give anyone benefit of the doubt. Just so you can be prepared . . .

thank you for your great advise

Like you've been advised, as long as she goes home without overstaying her visa, your intentions to marry are not fraud. However, it is critical that she give a generic tourist reason for her visit or she may be denied entry. If she says "I'm coming to marry my fiance", she's surely be denied entry.

[flavorgreentea 0]

thanks a lot

[astridstleger 0]

Oh thank you so much for this question! My boyfriend and I are planning to get married next summer. Currently I still have 2 more years of school to go and I'm singaporean so i have the same previleges as your japanese fiancee. I was thinking of getting married to him and then go back to school for my final year while he files my application. Then when it is approved, I will have finished school and I wouldn't have to return to Singapore and come back again. I hope my situation wouldn't be considered fraud since I will be leaving after we get married anyway. He would be spending the final year with me but since he is going to be filling out the aps.. probably not. Hope it all works out!! Do post about what you and your fiancee did in the end, arigatou!

[flavorgreentea 0]

i would say this is going be the tough challenge for us and in fact, i already prepare myself to what's going to happen in the future. my plan hasn't change at all, we are getting married this coming summer because that's what i promised to my fiancee. getting married is not hard as i thought it was, i admit i'm getting excited, nervous and all kinds of feelings can't explain but i would say the documents is the number 1 priority. all of my friends from japan, taiwan, korea, philippines and singapore were telling me to file a "fiancee visa" becuase they said is a lot quicker than the other. people say i should get married here in the U.S and let my wife to go back to japan to wait for her i-130. to be honest i just don't want her to go back to japan. men this is troublesome, she already quit her job and she has been worried about the documents more than i do.

if there's a good result to my journey i will definitely share it to everyone here on VJ forum, so please wish me luck...

[TomTom 0]

I think you're better off going through a K-1 (I-129F), this way you're not going to be able to marry in the summer (maybe fall or likely winter) but she won't have to leave you anymore. It usually takes more time to go through a K-3. I'd postpone the wedding for good, she's going to understand if you explain her the reasons. You can still visit each other until her visa is approved.

[Addie_Goodvibes 0]

everybody is correct here in saying that if someone enters on a visitors Visa w/ intnetions to Immigrate it is considered Fraud.

However, My wife had an 8 year student Visa, left in the middle of her Visa then returned under VW.

She ended up overstaying her 90 days We got preganant before her 90 visa expired and she could not travel. We did not apply for AOS until 2 years after her Overstay date. We married, moved in together and eventually applied for AOS in June of 2006. We received her 10 Year GC in Dec. 2006 ( 6 month Submitting AOS package) We had no problems at the interview they never even questioned her Overstay.

The Best Advise would be for her to return to Japan and you then file for a K1. The process does not take that long for Japanese immigrants. My Uni flat mate applied for K-1 for his Fiance in August 06, she was approved for K-1 Visa last month and will be coming to USA this June.

Based on our experience, as Long as your relationship is established and can be proven to be Bona fida legit, you may be ok to go ahead and get married and Apply for AOS.

Good Luck

[Addie_Goodvibes 0]

my fiancee from japan is coming heren in june 2007 without a visa or what so ever. prior to u.s immigration japanese citizen are able to stay here in the u.s for 90 days. im a u.s citizen and im planning to marry my fiancee wthin the 90 days, probably this coming july or august 2007. my 1st question is after we get married can she possibly file an i-130 to claim a greencard? 2nd can she stay with me without going back to japan while we work things out? what should i do wtih this matter?

this matter has been bothering me and i need an immdiate respond to any one out there who can guide me through this. thank you so much for putting your time to read my post, i truly appreciated.

note: she is coming to the u.s.a without fiancee visa

It is very important that when she enters immigration Inspection/ Customs They will ask her what her visit is for she should give a reason such as travel for pleasure not mention you or anything about a Boyfriend or Fiance in the USA & If she is wearing an engagement ring she should remove it when going through customs.

[astridstleger 0]

i would say this is going be the tough challenge for us and in fact, i already prepare myself to what's going to happen in the future. my plan hasn't change at all, we are getting married this coming summer because that's what i promised to my fiancee. getting married is not hard as i thought it was, i admit i'm getting excited, nervous and all kinds of feelings can't explain but i would say the documents is the number 1 priority. all of my friends from japan, taiwan, korea, philippines and singapore were telling me to file a "fiancee visa" becuase they said is a lot quicker than the other. people say i should get married here in the U.S and let my wife to go back to japan to wait for her i-130. to be honest i just don't want her to go back to japan. men this is troublesome, she already quit her job and she has been worried about the documents more than i do.

if there's a good result to my journey i will definitely share it to everyone here on VJ forum, so please wish me luck...

good luck!! And do update frequently, I will be following because I still have 2 more years of school so i won't be applying yet. Oh I heard it's best to apply before september because the fees are increasing. GOOOOOD LUCK!!!!!!!

[flavorgreentea 0]

i would like to thank everyone of you here on VJ forum. i knew from the beggining this plan is extremely difficult but for listening each everyone of your advice my plan might go in diffierent direction with a simple way. this coming next month (june) she will be here with me for 90 days and within those days i will figure things out or may be i'll visit some of the agency here in Hawaii to help me the easy way out. i'm possitive they will offer me the k-1 but let see what's going to happen by then. once again for those of you gave me a positive advice "thank you" i truly appreciated.

have a wonderful day,

elie