My fiance moves back to her home country in 11 months... So when to apply?

[Mackenzie Owens 2]

Hi everyone, 1st time poster here. I have been with my awesome fiancé for almost three years now. We have both lived near each other in Japan for that entire time. We both work as assistant English teachers here but I move back to America in a week. She still has one more year contracted here. We want to apply for the K-1 Visa.

Applying for an interview in Japan will prove difficult since the police and medical records from her home country would require her to go back to the Philippines in the meantime which she isn't planning to do. So we are currently thinking that we might apply for an interview in the Philippines.

Ideally we apply before she heads home and then next summer she can do the medical exam and background check in the Philippines just in time for an interview.

The concern of mine is just how exactly do I know when to apply? 5 months before she returns home? 3 months, 10 months? What would be the best time? Thank you.

[payxibka 10,045]

Just now, Mackenzie Owens said:

Hi everyone, 1st time poster here. I have been with my awesome fiancé for almost three years now. We have both lived near each other in Japan for that entire time. We both work as assistant English teachers here but I move back to America in a week. She still has one more year contracted here. We want to apply for the K-1 Visa.

Applying for an interview in Japan will prove difficult since the police and medical records from her home country would require her to go back to the Philippines in the meantime which she isn't planning to do. So we are currently thinking that we might apply for an interview in the Philippines.

Ideally we apply before she heads home and then next summer she can do the medical exam and background check in the Philippines just in time for an interview.

The concern of mine is just how exactly do I know when to apply? 5 months before she returns home? 3 months, 10 months? What would be the best time? Thank you.

Considering you can keep the i129f current for up to one year after it is approved,  you theoretically do it some time before the end of the year and everything should work out to your timeline 

[Boiler 45,670]

Might want to look at marriage and then going for the CR1, file now otherwise.

[Just Paul 4,595]

3 minutes ago, Mackenzie Owens said:

Applying for an interview in Japan will prove difficult since the police and medical records from her home country would require her to go back to the Philippines

No medical records are really needed.   She is not required to get vaccinations but if she does she gets the shots the civil surgeon thinks you need. The Philippines Embassy in Japan and friends/ family  can help obtain the NBI.  We did Mary's NBI from Mexico City!

 

It is hard to time Immigration.  I would consider filing now or in the near future as you can slow things down at the embassy stage.

[Mackenzie Owens 2]

8 minutes ago, payxibka said:

Considering you can keep the i129f current for up to one year after it is approved,  you theoretically do it some time before the end of the year and everything should work out to your timeline 

Wow I had no idea! in that case applying now sounds perfect, now how does that actually work? Wouldn't they give us an interview date at some point yes? And then I guess if that interview date fell during the time my fiancé still resides here in Japan, what you are saying is that we have a year to schedule or request for a new interview?

[Mackenzie Owens 2]

9 minutes ago, Paul & Mary said:

No medical records are really needed.   She is not required to get vaccinations but if she does she gets the shots the civil surgeon thinks you need. The Philippines Embassy in Japan and friends/ family  can help obtain the NBI.  We did Mary's NBI from Mexico City!

 

It is hard to time Immigration.  I would consider filing now or in the near future as you can slow things down at the embassy stage.

it really interests me that I can slow things down at the embassy stage, I was just expecting them to be strict with a single chance for an interview use it or lose it kind of a thing...

[payxibka 10,045]

3 minutes ago, Mackenzie Owens said:

Wow I had no idea! in that case applying now sounds perfect, now how does that actually work? Wouldn't they give us an interview date at some point yes? And then I guess if that interview date fell during the time my fiancé still resides here in Japan, what you are saying is that we have a year to schedule or request for a new interview?

Applicant schedules the interview 

[Georgia16 2,858]

Since you have time to wait I agree try and look at the spouse visa. 

 She will get GC right when she gets here and can also drive and work and travel.

 

K-1 she will not be able to work and travel and some states she can't drive either. Wait time for all that right now is about 4-7 months after the AOS package is filed.  You won't have to pay $12xx for AOS package either with the spouse visa.

[Boiler 45,670]

Marry and file for a CR1 would be your best bet.

[Mackenzie Owens 2]

Ty for the replies. I do not have the time to get married in Japan. Obviously that would be easier but it's currently impossible for many reasons thank you.
So when some of you have said that my fiancée and I get to request a time for the interview, is the window of that time in which we get too choose really a year? That puts my mind at ease as it therefore doesn't seem like an impossible timing puzzle.

[payxibka 10,045]

1 minute ago, Mackenzie Owens said:

Ty for the replies. I do not have the time to get married in Japan. Obviously that would be easier but it's currently impossible for many reasons thank you.
So when some of you have said that my fiancée and I get to request a time for the interview, is the window of that time in which we get too choose really a year? That puts my mind at ease as it therefore doesn't seem like an impossible timing puzzle.

Really 

[Mackenzie Owens 2]

10 minutes ago, payxibka said:

Really 

TY!

 

Also since I might not need to start a second thread for this question, I'll try asking it now to you all. You are all very helpful thank you so much. This forum is a great resource.
Since My fiance and I are doing the K1 visa do you think it would be possible for her to enrol in school at all after filling an AOS package? She already has a degree in education from the Philippines but maybe there could be a 6 month school term she could do during the wait time... would that be legal?

[payxibka 10,045]

Just now, Mackenzie Owens said:

TY!

 

Also since I might not need to start a second thread for this question, I'll try asking it now to you all. You are all very helpful thank you so much. This forum is a great resource.
Since My fiance and I are doing the K1 visa do you think it would be possible for her to enrol in school at all after filling an AOS package? She already has a degree in education from the Philippines but maybe there could be a 6 month school term she could do during the wait time... would that be legal?

Certainly,  you may initially pay out of state tuition until she is eligible for in state 

[Mackenzie Owens 2]

Just now, payxibka said:

Certainly,  you may initially pay out of state tuition until she is eligible for in state 

ah I see thank you

[Hank_ 9,174]

1 hour ago, Mackenzie Owens said:

Hi everyone, 1st time poster here. I have been with my awesome fiancé for almost three years now. We have both lived near each other in Japan for that entire time. We both work as assistant English teachers here but I move back to America in a week. She still has one more year contracted here. We want to apply for the K-1 Visa.

Applying for an interview in Japan will prove difficult since the police NBI and medical records from her home country would require her to go back to the Philippines in the meantime which she isn't planning to do. So we are currently thinking that we might apply for an interview in the Philippines.

Ideally we apply before she heads home and then next summer she can do the medical exam and background check in the Philippines just in time for an interview.

The concern of mine is just how exactly do I know when to apply? 5 months before she returns home? 3 months, 10 months? What would be the best time? Thank you.

Police records for the Philippines is the NBI, can be ordered online.

 

https://clearance.nbi.gov.ph/

 

No medical records are needed.

 

Will need a PSA CENOMAR and birth certificate, but again, they can be ordered online.

 

https://nsohelpline.ph/

 

I agree with Boiler, being you have the time .. get married in Japan, file for the CR-1 spouse visa, timing will be almost perfect for your fiancee's situation.  BIG perk to this is your fiancee/wife would have her green card immediately upon entry into the USA .. < that is "priceless" compared to a 8-12 month wait with the K-1     

 

<ah just read, no time for the marriage, too bad >   

 

Schooling would be totally a non-issue once she gets her "resident in state time" completed.

 

If she goes back to the Philippines she will need a police clearance from Japan.  

Edited August 26, 2019 by Hank_