I have no idea where I start

[Rebecca W. 0]

Hello! My name is Rebecca and I am now engaged to my Japanese fiance.

We are now both living in Japan.

The current plan is for me to return to the US in April to start working, and then get married in November of 2012. November of 2012 (or slightly before) would be when he would arrive in the US.

I don't know where to start in the visa process.

As Japan is a visa-waiver country for tourists, is there some problem in him coming over with the visa-waiver, getting married, and then changing his status?

Or, would it be wiser to get legally married in Japan and apply for a K3 visa?

Or is doing the K1 visa the smartest way to go?

[canadian_wife 1,808]

Yes, there is a problem with coming over on the visa waiver program and adjusting status. It is call visa fraud

Click on the guides to compare the visas - disregard the K3 visa and research the cr-1

Good luck

[K&E2009 71]

Hello! My name is Rebecca and I am now engaged to my Japanese fiance.

We are now both living in Japan.

The current plan is for me to return to the US in April to start working, and then get married in November of 2012. November of 2012 (or slightly before) would be when he would arrive in the US.

I don't know where to start in the visa process.

As Japan is a visa-waiver country for tourists, is there some problem in him coming over with the visa-waiver, getting married, and then changing his status?

Or, would it be wiser to get legally married in Japan and apply for a K3 visa?

Or is doing the K1 visa the smartest way to go?

Hey Rebecca,

It can be very overwhelming starting off! I know how you feel.

Ok, so you are in Japan, and you will leave in April.

You are engaged.

He's coming to you in November.

K-1 visa is your best option, in my opinion.

You can gather all the required info. and send it to USCIS from Japan. No issue there.

If you get it sent off, let's say, September at some stage, you will MOST LIKELY be approved by April.

You will go to the states in April, your fiance will do his medical and interview in Japan.

Once his interview is done and he is approved, he then has 6 months to enter the USA. THEN, you guys have 90 days to get married.

Here is a link that I, and probably many more, followed to file the initial I-129f (application for foreign fiance):

http://www.visajourney.com/content/k1guide

Good luck, and keep asking questions. We have all done it!

[Rebecca W. 0]

Thank you Widsy!

One thing I am concerned about is my fiance's ability to work in the US once we get married.

Once we are married, can we file for Permanent Residency immediately? Does that allow him to work any job?

[Penguin_ie 5,992]

If he wants/ needs to work immediately, go for the CR-1 spousal visa. This leads to a greencard upon entry to the USA (you could still have a religious wedding and/ or reception in the US later). With the K1, you need to file AOS after the wedding and won't be able to work for 3 months. The CR-1 is also cheaper.

Both the K1 and CR-1 take in the region of 8-12 months, and then the foreign beneficiary has 6 months to use it, so I would recommend you file late this year at the latest.

[K&E2009 71]

Thank you Widsy!

One thing I am concerned about is my fiance's ability to work in the US once we get married.

Once we are married, can we file for Permanent Residency immediately? Does that allow him to work any job?

So, you guys get to America...

He can then apply for a Social Security Number.

I got this from another link on this site:

To work your fiance(e) will need to get an Employment Authorization Document. While a K-1 holder can technically obtain an EAD prior to getting married, the practical wait involved makes this option unfeasible (the validity of the EAD will expire before it can even be processed in most cases). Practically, a K-1 holder will need to wait until they file for Adjustment of Status (after getting married) and will co-file for an EAD (which should arrive on average within 90 days from the filing date. As a note, in order to be employed, it is required to have a Social Security Number which can be obtained by a K-1 holder after they arrive in the US (you should wait 10 days after entry to the US and no later than 10 days prior to the K-1 expiration date to go to the Social Security Office in your area to file for this; if you miss this time frame you must wait until after you are married and file for Adjustment of Status).

http://www.visajourney.com/faq/k1k2visa-enter.html#5.4

So basically, get the Social Number, get married, and apply for the EAD.

I'm the K-1 foreign fiance. I haven't got to that stage yet, so I can't give you much advice on what to do when he gets there.

Edited August 20, 2011 by Widsy97

[bigdog 376]

Hello! My name is Rebecca and I am now engaged to my Japanese fiance.

We are now both living in Japan.

The current plan is for me to return to the US in April to start working, and then get married in November of 2012. November of 2012 (or slightly before) would be when he would arrive in the US.

I don't know where to start in the visa process.

As Japan is a visa-waiver country for tourists, is there some problem in him coming over with the visa-waiver, getting married, and then changing his status?

Or, would it be wiser to get legally married in Japan and apply for a K3 visa?

Or is doing the K1 visa the smartest way to go?

We did K1 but i think I would get a CR1 instead as a re do.

[Rebecca W. 0]

If I go the K1 visa route, could my Japanese fiance attend a 2 year college without issue, or does this go into the realm of student visas?

[K&E2009 71]

If I go the K1 visa route, could my Japanese fiance attend a 2 year college without issue, or does this go into the realm of student visas?

Once his Adjustment of Status is approved he becomes a Permanent Resident, so there shouldn't be an issue.

[Inky 1,110]

As Japan is a visa-waiver country for tourists, is there some problem in him coming over with the visa-waiver, getting married, and then changing his status?

Visa fraud. Deported and banned from the USA.

If you want him to work right away get married go back to the USA and file a CR-1 spousal visa. He can work on entry to the USA or go to school.