Unusual questions concerning visa preparation in Tokyo, JP

[akavlie 0]

Hello all,

Been using this site as a resource and lurking on the forums for some time now. There are a couple of unusual circumstances for my case, so I thought perhaps some of you could be of assistance.

- My fiancee is a Vietnamese citizen, who has been in Japan for a long time on a K1 visa. Should this cause any complications in obtaining a visa? I have received an NoA2, and she has received paperwork in Japan, with no suggestion so far that she would have to apply in her country of citizenship, but just want to make sure. The only complication so far is that she had to send to Vietnam for someone to get her police certificate... which apparently takes 26 days (give me a break!)

- My fiancee keeps insisting that there is some sort of proof that I am NOT been married that will be necessary (no marriages/divorces in the past, for either one of us). Apparently she was told so by a Vietnamese friend or two who have gone through the immigration process. In all the materials I have looked at on this site and the Tokyo Embassy site, there is no suggestion that this is true. Anyone heard of such a thing?

- Rather than sending a birth certificate, I sent a copy of all my passport pages for the I-129F, and I was planning to send the same to my fiancee. I have read on this site that a copy is OK, however the Tokyo Embassy site states that originals of either birth certificate or passport are necessary. Which is true?

- I have read on here that it can take up to two months for an interview date. I just had my fiancee fill out a form online requesting an interview date for about a month from now. Any idea the chances that her request will be granted?

- I seem to have thrown away my airline tickets for both the time we were in Japan, and a second time we met in France. Should this be a concern? We have lots of pictures, I sent a copy of the engagement ring receipt, and she's starting to take pics of the video chats we do as well.

[gag54611 1]

- My fiancee is a Vietnamese citizen, who has been in Japan for a long time on a K1 visa. Should this cause any complications in obtaining a visa? I have received an NoA2, and she has received paperwork in Japan, with no suggestion so far that she would have to apply in her country of citizenship, but just want to make sure. The only complication so far is that she had to send to Vietnam for someone to get her police certificate... which apparently takes 26 days (give me a break!)

So Japan has a K1 visa status as well? What exactly do you mean? Is your Vietnamese fiancee a resident of Japan by virtue of the K1 visa that she holds?

- My fiancee keeps insisting that there is some sort of proof that I am NOT been married that will be necessary (no marriages/divorces in the past, for either one of us). Apparently she was told so by a Vietnamese friend or two who have gone through the immigration process. In all the materials I have looked at on this site and the Tokyo Embassy site, there is no suggestion that this is true. Anyone heard of such a thing?

I've never heard of such a thing. There is no way for you to prove that you haven't been married before.

- Rather than sending a birth certificate, I sent a copy of all my passport pages for the I-129F, and I was planning to send the same to my fiancee. I have read on this site that a copy is OK, however the Tokyo Embassy site states that originals of either birth certificate or passport are necessary. Which is true?

The USCIS and the Tokyo consulate are 2 different entities. The USCIS explicitly asks you to send copies. However, when your fiancee goes for her K-1 interview at the Tokyo consulate, she will be expected to bring originals as well as a copy of each original, for the documents that are identified in the Packet 3 checklist. The consulate will inspect the originals, return them to her, and keep the copies. In the case of your passport, she does not need to provide that at the consulate because it is not itemized on the checklist.

- I have read on here that it can take up to two months for an interview date. I just had my fiancee fill out a form online requesting an interview date for about a month from now. Any idea the chances that her request will be granted?

The saying goes "You don't get what you don't ask for.". You will lose nothing from asking, but don't make any plans based on expecting your request to be granted.

- I seem to have thrown away my airline tickets for both the time we were in Japan, and a second time we met in France. Should this be a concern? We have lots of pictures, I sent a copy of the engagement ring receipt, and she's starting to take pics of the video chats we do as well.

I presume that you are making this point regarding providing proof of your ongoing relationship at the K-1 interview. Emails, letters, etc should be sufficient. Airline tickets are helpful to show that you continued meeting since filing the I-129F, but if you don't have them, I presume that you've got entry/exit stamps in your passports.

Best of luck,

G

[meauxna 15]

Hello all,

Been using this site as a resource and lurking on the forums for some time now. There are a couple of unusual circumstances for my case, so I thought perhaps some of you could be of assistance.

- My fiancee is a Vietnamese citizen, who has been in Japan for a long time on a K1 visa. Should this cause any complications in obtaining a visa? I have received an NoA2, and she has received paperwork in Japan, with no suggestion so far that she would have to apply in her country of citizenship, but just want to make sure. The only complication so far is that she had to send to Vietnam for someone to get her police certificate... which apparently takes 26 days (give me a break!)

- My fiancee keeps insisting that there is some sort of proof that I am NOT been married that will be necessary (no marriages/divorces in the past, for either one of us). Apparently she was told so by a Vietnamese friend or two who have gone through the immigration process. In all the materials I have looked at on this site and the Tokyo Embassy site, there is no suggestion that this is true. Anyone heard of such a thing?

hi,

We filed a 3rd country case and did not have an issue. As long as she has legal permission to reside in Japan, that is sufficient for the US consulate to take her case.

The 'free to marry' document is required in Japan and many other countries for a marriage certificate. I dont recall seeing other Japan K-1s looking for it (mainly because DCF is so fast in Japan & many go that route).

IF you do find that you need it, you can usually get a letter from your State Secretary's office, or the county office that issues marriage certificates.

gag54611: while it's true that USCs can't prove that they've never been married, it's a common request from other countries where citizens register all births, deaths, marriages centrally. Because of our state gov't system, we don't have an equivilant.

If the USC is abroad and needs this document, they can get it from the US Consulate there (it's just a sworn statement saying 'I'm legally free to get married').

[dalegg 143]

We have a member chuckandkim whose then fiance was vietnamese and spent some time in Japan. I think the current residences were switched but they had some issues with Police Reports. You might try PMing him for advice. Wouldn't hurt.

[akavlie 0]

- My fiancee is a Vietnamese citizen, who has been in Japan for a long time on a K1 visa. Should this cause any complications in obtaining a visa? I have received an NoA2, and she has received paperwork in Japan, with no suggestion so far that she would have to apply in her country of citizenship, but just want to make sure. The only complication so far is that she had to send to Vietnam for someone to get her police certificate... which apparently takes 26 days (give me a break!)

So Japan has a K1 visa status as well? What exactly do you mean? Is your Vietnamese fiancee a resident of Japan by virtue of the K1 visa that she holds?

She does not have a K1 visa yet, that is what we are applying for. The issue is that she is a citizen of Vietnam, living in Japan on a student visa. Thus, she is applying for a K1 in a country she is not a permanent resident of.

- Rather than sending a birth certificate, I sent a copy of all my passport pages for the I-129F, and I was planning to send the same to my fiancee. I have read on this site that a copy is OK, however the Tokyo Embassy site states that originals of either birth certificate or passport are necessary. Which is true?

The USCIS and the Tokyo consulate are 2 different entities. The USCIS explicitly asks you to send copies. However, when your fiancee goes for her K-1 interview at the Tokyo consulate, she will be expected to bring originals as well as a copy of each original, for the documents that are identified in the Packet 3 checklist. The consulate will inspect the originals, return them to her, and keep the copies. In the case of your passport, she does not need to provide that at the consulate because it is not itemized on the checklist.

I am a little confused by your answer, you say she will be expected to bring originals, then you say she does not need to provide it because it is not itemized. So... which is it?

- I have read on here that it can take up to two months for an interview date. I just had my fiancee fill out a form online requesting an interview date for about a month from now. Any idea the chances that her request will be granted?

The saying goes "You don't get what you don't ask for.". You will lose nothing from asking, but don't make any plans based on expecting your request to be granted.

Fortunately, it looks like the wait time for an interview is only 2 days currently. I just realized that the link she used online is for the wrong category of visa though (immigrant visas).... I wonder what we should do about correcting that? They charge money and require a credit card just to contact them.

The 'free to marry' document is required in Japan and many other countries for a marriage certificate. I dont recall seeing other Japan K-1s looking for it (mainly because DCF is so fast in Japan & many go that route).

IF you do find that you need it, you can usually get a letter from your State Secretary's office, or the county office that issues marriage certificates.

"For a marriage certificate"... but the marriage itself will take place in the US, of course. So I don't know that this applies in our case.

What do you mean about the DCF route? I have not heard anything about this. Again, is this an option only for those who marry in Japan?

Edited April 23, 2006 by akavlie

[meauxna 15]

DCF is for married couples, yes. You can find a Guide that describes it in the blue tabs, top of the page.

For the original/copy question:

All forms must be originals submitted/keep a copy for yourself.

All evidence can be copies submitted/bring originals to the interview for inspection/also keep copy for yourself.

[scy 0]

I am a little confused by your answer, you say she will be expected to bring originals, then you say she does not need to provide it because it is not itemized. So... which is it?

You will need to provide the original of the passport if you used it as the document to prove your citizenship. Had you used the birth certificate, you will need to provide the original birth certificate.

Fortunately, it looks like the wait time for an interview is only 2 days currently. I just realized that the link she used online is for the wrong category of visa though (immigrant visas).... I wonder what we should do about correcting that? They charge money and require a credit card just to contact them.

Your fiancee is not having a non-immigrant visa interview. Technically the K-1 is a non-immigrant visa, but it is processed by the immigrant visa section. Your fiancee will be interviewed by the immigrant visa section.

"For a marriage certificate"... but the marriage itself will take place in the US, of course. So I don't know that this applies in our case.

What do you mean about the DCF route? I have not heard anything about this. Again, is this an option only for those who marry in Japan?

Your fiancee might be confusing the HCMC consulate in Vietnam with the Tokyo embassy. HCMC requires a "single status certificate" which you have to obtain from the county of your residence or your state's secretary of state.

I do not believe Tokyo requires the "single status certificate" but you should double check with them. It's best to read thoroughly the instructions and interview packets that you fiancee will be receiving in order to find out which documents are required for the particular embassy.

[gag54611 1]

She does not have a K1 visa yet, that is what we are applying for. The issue is that she is a citizen of Vietnam, living in Japan on a student visa. Thus, she is applying for a K1 in a country she is not a permanent resident of.

I'm sorry, but the first sentence of your original post says "My fiancee is a Vietnamese citizen, who has been in Japan for a long time on a K1 visa". It seems like you meant to say that she was in Japan on a student visa.

I am a little confused by your answer, you say she will be expected to bring originals, then you say she does not need to provide it because it is not itemized. So... which is it?

She is expected to bring originals of the documents mentioned in the checklist, not originals of everything that you submitted with the I-129F. I disagree entirely with scy in this regard. This topic has been discussed many times in the past. The beneficiary is not expected to show up at the K-1 interview with the sponsor's passport.

Regarding DCF, there are different rules for each consulate regarding what they expect to allow you to file DCF. For example, filing DCF in London requires that the US Citizen has legal residence in the UK. You should check the Tokyo consulate web site to see what their requirements are. It may not apply to you since you are not a legal resident of Japan.

Best of luck,

G

Edited April 24, 2006 by gag54611

[meauxna 15]

Regarding DCF, there are different rules for each consulate regarding what they expect to allow you to file DCF. For example, filing DCF in London requires that the US Citizen has legal residence in the UK. You should check the Tokyo consulate web site to see what their requirements are. It may not apply to you since you are not a legal resident of Japan.

I brought up DCF because Japan is one of the few places left where the USC may submit an I-130 on behalf of their spouse even if they are NOT resident in Japan.

Petition to visa takes about a month.

Edited April 24, 2006 by meauxna