Advice: Relocating to the US

[Adam P 0]

Hello Everyone, thanks for reading. I am new here, just registered, but I've been consulting this site for awhile for advice. There is so much information about the visa process and ,depending on your circumstances, it seems very complicated. I was wondering if someone could advise my specific situation:

I am an American Citizen living in Japan. I came here on a tourist visa (Sept 2007) but have since married to a Japanese national and been approved for a Japanese spouse visa. Throughout this time I've maintained a job with a American company back home.

Basically my question is this: what is the shortest and safest way for my wife and I to relocate to America? My first inclination is that a full spouse visa isn't necessary, since she doesn't need to work right away (I can support us well enough). A fiancee visa seems more reasonable and faster, but does it matter that we are already married? The way I understand it, our marriage is legally recognized here in Japan, but is unrecognized in the USA. Should we apply for a fiancee visa before leaving Japan then have another marriage in the US?

To be honest the K3 visa process sounds frightening. I fear that we would not be able to meet their standard of scrutiny. We married only on paper, registering with the Japanese government but with no real ceremony. We don't have any cooperative financial endeavors. We are just a pair in our mid-20s trying to make our way. I don't want to risk her being denied a visa, because then we would have to stay in Japan or separate. Is the DCF process advisable since we both are living in Japan?

Sorry if I missed some crucial obvious information, I tried looking through the information on this site and others, but none seemed to answer the questions I had.

Any advice offered would be much appreciated.

Thanks so much for any help.

[sydkym 0]

Yes, it matters that you are married. You do not qualify for a fiance visa.

If you are a Japanese resident by marriage, then you can just do a DCF (Direct Consular Filing). That means file the I-130 at the US embassy in Japan. It should take about a month to get the visa. However, you do have to be able to show that you can financially support your husband in the US, or have a sponsor.

[Todd-Leah 0]

Yes, DCF denitely an option that you want to explore first.

It's the fastest and you won't have long separation like many of us here experiencing.

Leah

[Adam P 0]

Thanks very much sydkym, and Leah.

I had found the DCF link right about when I finished writing my original post. It definitely seems to be the ideal option. Thanks for confirming that suspicion.

Good luck to you both in your journeys.

[bhajishah 4]

Dont do it unless you have to. Instead stay in Japan make more money, sell Mary Kay cosmetics, become a millionare in Yen

[pushbrk 13,099]

Thanks very much sydkym, and Leah.

I had found the DCF link right about when I finished writing my original post. It definitely seems to be the ideal option. Thanks for confirming that suspicion.

Good luck to you both in your journeys.

Absolutely ideal for you or so it would seem. Since you've kept your job with a US employer, sponsorship issues should be simple enough to deal with. You will also need US domicile but a parent's address, US driver license and bank account will cover that.

[Adam P 0]

Hello again everyone. Thanks very much for the replies, you've all been a great help. I've definitely decided to pursue the DCF route. Just one thing seems to be hanging me up. On the Tokyo US Embassy page it says:

Evidence of Residency: The petitioner must provide evidence of residency in Japan for at least the preceding 6 months. Evidence may be a valid Japanese visa and proof of entry, a Japanese permanent residency permit, U.S. military orders, etc.

I have a valid Japanese Spouse Visa so I think I meet this requirement. However, I only got it on July 2nd 2008. Anyone with experience with this kind of requirement, do you know if this 6 months of residency starts when you get the spouse visa? I have been living here with my girlfriend/wife for about 9 months, but many of those were on a tourist visa. I know it probably seems like I'm reaching too far here, expecting others to gather information for me, but I haven't found anything specific anywhere. Calling the embassy costs 2000yen per call (is this normal?) which seems quite expensive when I'm bound to have more then 1 question.

If by any chance, someone has experience with this, I'd be very appreciative to hear your story!

Adam

[Todd-Leah 0]

Hello again everyone. Thanks very much for the replies, you've all been a great help. I've definitely decided to pursue the DCF route. Just one thing seems to be hanging me up. On the Tokyo US Embassy page it says:

Evidence of Residency: The petitioner must provide evidence of residency in Japan for at least the preceding 6 months. Evidence may be a valid Japanese visa and proof of entry, a Japanese permanent residency permit, U.S. military orders, etc.

I have a valid Japanese Spouse Visa so I think I meet this requirement. However, I only got it on July 2nd 2008. Anyone with experience with this kind of requirement, do you know if this 6 months of residency starts when you get the spouse visa? I have been living here with my girlfriend/wife for about 9 months, but many of those were on a tourist visa. I know it probably seems like I'm reaching too far here, expecting others to gather information for me, but I haven't found anything specific anywhere. Calling the embassy costs 2000yen per call (is this normal?) which seems quite expensive when I'm bound to have more then 1 question.

If by any chance, someone has experience with this, I'd be very appreciative to hear your story!

Adam

Try email the consulate. (You can find the email on the consulate's website)

I don't know in Japan. It's the most convenient way for me to contact the consulate here and they response in 2-3 days for non urgent matter, and the same day for urgent matter.

Leah

[victor+natasha 0]

If you lived in Japan more than 9 months without leaving your stamp in the passport when you entered Japan is the proof of the start of your residence.

[pushbrk 13,099]

If you lived in Japan more than 9 months without leaving your stamp in the passport when you entered Japan is the proof of the start of your residence.

Maybe. Verify with the Consulate.

[Tofusensei 0]

Hello Everyone, thanks for reading. I am new here, just registered, but I've been consulting this site for awhile for advice. There is so much information about the visa process and ,depending on your circumstances, it seems very complicated. I was wondering if someone could advise my specific situation:

I am an American Citizen living in Japan. I came here on a tourist visa (Sept 2007) but have since married to a Japanese national and been approved for a Japanese spouse visa. Throughout this time I've maintained a job with a American company back home.

Basically my question is this: what is the shortest and safest way for my wife and I to relocate to America? My first inclination is that a full spouse visa isn't necessary, since she doesn't need to work right away (I can support us well enough). A fiancee visa seems more reasonable and faster, but does it matter that we are already married? The way I understand it, our marriage is legally recognized here in Japan, but is unrecognized in the USA. Should we apply for a fiancee visa before leaving Japan then have another marriage in the US?

To be honest the K3 visa process sounds frightening. I fear that we would not be able to meet their standard of scrutiny. We married only on paper, registering with the Japanese government but with no real ceremony. We don't have any cooperative financial endeavors. We are just a pair in our mid-20s trying to make our way. I don't want to risk her being denied a visa, because then we would have to stay in Japan or separate. Is the DCF process advisable since we both are living in Japan?

Sorry if I missed some crucial obvious information, I tried looking through the information on this site and others, but none seemed to answer the questions I had.

Any advice offered would be much appreciated.

Thanks so much for any help.

Seriously? I am in the exact same situation as you.

Try for DCF. If that's not possible then...

I'd file for a CR-1/IR-1 visa in the US using your parent's address in America and then stay in Japan continuing to work to be with your wife.

Would you be filing in Vermont or California?

If you have any specific questions, feel free to ask. I know a lot about this.

-Tofu

Edited July 10, 2008 by Tofusensei

[Adam P 0]

Thanks again everyone. You all continue to be a great help.

I will check with the consulate about the issue with residency. If it turns out I need to stay here a while longer to gain residency status, I think I will do that. It seems like it will still be the fastest route to taking my wife home with me.

Thank you Tofusensei, for your offer to help! If I end up going the K-3 route, you will definitely hear from me in the future.