Where to file I-130? Live in Japan but not long enough to file here.

[fish10 0]

I'm confused about filing an I-130 for my wife. The Tokyo embassy says that you can file here if you have been resident in Japan for over 6 months. I have only been here for a month and a half so we're nowhere near that min residency requirement.

If I file this in the US, what state would I use as my residence there? I lived in Kansas before but have no intention to return there, my family is in Ohio, but we will likely live on the west coast in Oregon or Washington.

My 2nd question: this is a little further down the road, but I plan to stay here in Japan until the visa is approved. When it comes to the affidavit of support, will they accept a co-sponsor (my family member most likely) since I will not have a job in the US at the time? I know co-sponsors seem to be common with K1/K3, but thought I read somewhere that with CR-1 it was not as easy??

[kaffy 2]

Where are you domiciled in the US?

Yes, they will accept co-sponsors for CR1 applicants and it is very common for those residing abroad to use one. I think the information you read about it being not as easy for CR-1 applicants is incorrect.

[Chica Yeyé 41]

Why not wait for a while until you can file through Tokio? It would be much more faster than doing it US-side.

[GabiandVi 34]

When you are asked for a US address, what address do you give? I would guess it is your parent's address. Use that one.

[redglasses 1]

As Len says, the whole process would be faster and easier if you wait until you meet the residence requirement and file the I-130 petition at the US embassy Tokyo.

In my opinion, the CR1/IR1 route at the Tokyo embassy isn't difficult even with a cosponsor.

[txladykat 1]

I agree, I would wait the 4.5 months and file DCF since you plan on staying there anywhere. The process is faster and MUCH easier.

[meauxna 15]

I'm confused about filing an I-130 for my wife. The Tokyo embassy says that you can file here if you have been resident in Japan for over 6 months. I have only been here for a month and a half so we're nowhere near that min residency requirement.

If I file this in the US, what state would I use as my residence there? I lived in Kansas before but have no intention to return there, my family is in Ohio, but we will likely live on the west coast in Oregon or Washington.

My 2nd question: this is a little further down the road, but I plan to stay here in Japan until the visa is approved. When it comes to the affidavit of support, will they accept a co-sponsor (my family member most likely) since I will not have a job in the US at the time? I know co-sponsors seem to be common with K1/K3, but thought I read somewhere that with CR-1 it was not as easy??

One thing to keep in mind about petitioning locally is the status you are there with now. Generally, a tourist entry is not sufficient to qualify for 'DCF'. Do you have a residence permit now or did you arrive as a visitor?

I didn't dig in the instructions for the I-130 but they used to instruct you to file under the instruction for your last address in the US. Since you will need to receive your US mail related to this case, you should choose a permanent address that you'll have access to; parents are often good for this.

It's fairly common to use a Joint Sponsor (not 'co') when the USC is living overseas, and just as 'easy' as for a K visa.

good luck!

[fish10 0]

Thanks everyone for your responses.

Yes, I'm a legal resident in Japan on a spouse visa. Fortunately it is much easier to get a spouse visa to come here than it is to get one for the US. I had it back 4 days after I applied. No interview, no intrusive info requested...

I'm surprised that waiting 4 1/2 months before filing would be faster than filing in the US and letting it process during that time but that seems to be the popular consensus here... When doing DCF, does the application take shortcuts that aren't available by filing stateside?

Seems if I went the stateside route I'd have to use my families address, as I was domiciled in Kansas but have no way to get any mail that would be sent to there. That address is only in the past now, I have no legal US address of my own, and someone asked what address I use if asked for my US address... I simply tell them I don't have one anymore.

[Chica Yeyé 41]

When doing DCF, you totally bypass NVC, as the case is processed in Tokyo. Make sure to keep domicile (you know, voter's registration bla bla bla) in the US and to make it obvious that residing in Japan is temporary.