K1 vs spouse visa when applying from outside the US? Have joint sponsor, want to minimize time apart

[Bebbo 1]

Hello! I am an American living in Japan with my Japanese girlfriend. We intend to move to the US, but we are considering our visa options. The most important thing for us is that we can keep any time apart to an absolute minimum. 

 

Because of that, I would ideally like to avoid going to the US months or even years ahead of time and securing a job there. I have a family member willing to be a joint sponsor, who could also write a letter saying they will house us for the early period of our stay. I do have active US voter registration along with credit cards and a bank account as well. My plan would be to start job hunting in the US as soon as I arrive with my girlfriend (fiance/spouse at that point) living off savings and family help in the initial period. 

 

We are open to either the fiance visa or spouse visa. Recently we were more interested in the fiance visa because it seemed quicker and simpler, until I saw that joint sponsors are not technically accepted (though I’ve seen many cases online where they were.) 

 

I plan on contacting the embassy on Monday for details, but I thought I’d come on here and ask for advice in the meantime. 

 

How likely is using a joint sponsor on a K1?

 

What path will minimize our time apart? 

 

How worried should I be about proving my “domicile” in the US if I don’t want to move back before my girlfriend?

 

Anything would be helpful and thank you in advance. 

[Crazy Cat 44,541]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

 

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/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

Edited Friday at 01:03 PM by Crazy Cat

[Crazy Cat 44,541]

21 minutes ago, Bebbo said:

How worried should I be about proving my “domicile” in the US if I don’t want to move back before my girlfriend?

You can establish the intent to re-locate back to the US.  You need a concrete plan and evidence showing intent to move back.  Be aware that she cannot travel to the US with a K-1 or CR-1 before you do.

 

One option is to marry now, and request that the consulate in Japan process your case as "Direct Consular Processing".  You would need exceptional circumstances such as a short term re-location due to a job offer, for example.

 

If you are living together now, marriage and a spousal visa is a much, much superior choice imo.

Edited Friday at 01:12 PM by Crazy Cat

[Crazy Cat 44,541]

10 minutes ago, Bebbo said:

I plan on contacting the embassy on Monday for details,

Waste of time, imo, unless you are already married.  

[Bebbo 1]

24 minutes ago, Crazy Cat said:

Waste of time, imo, unless you are already married.  

I really appreciate your help! Yeah, based on this and some thinking, spouse and working on proving intent to relocate does make a lot of sense. 
 

I did admittedly having a feeling they wouldn’t be able to offer much if I asked about the fiance visa thing. I might try an email or live chat as I figure it can’t hurt, but I’ll keep my expectations low. 

[appleblossom 4,457]

36 minutes ago, Bebbo said:

I really appreciate your help! Yeah, based on this and some thinking, spouse and working on proving intent to relocate does make a lot of sense. 
 

I did admittedly having a feeling they wouldn’t be able to offer much if I asked about the fiance visa thing. I might try an email or live chat as I figure it can’t hurt, but I’ll keep my expectations low. 

 

The consulate doesn't advise on visas at all, you'd need an immigration lawyer if you have questions or want info. They will just direct you to the USCIS website where you can find all of the info you need.

 

FWIW, I agree that the spouse visa is the best option from what you've said.

 

Good luck.