Japanese Bride on Tourist Visa. Any issues?

[East&West 0]

We just got married. We would have gone the K-1 route but we got too busy. We have not started the visa process and we are planning to start once she is here. We got her a round trip ticket to come for 85 days. Here are my questions:

1) Will she have any problems getting into the US (San Francisco) by asking for a tourist visa.

2) Is it ok for her to tell them that she is visiting her new husband and will return after the 85 days? (she has a job back home to return to)

3) After we start the visa process will she need a different visa to enter to visit me before everything is finalized?

Thanks,

[Ning 619]

We just got married. We would have gone the K-1 route but we got too busy. We have not started the visa process and we are planning to start once she is here. We got her a round trip ticket to come for 85 days. Here are my questions:

1) Will she have any problems getting into the US (San Francisco) by asking for a tourist visa.

2) Is it ok for her to tell them that she is visiting her new husband and will return after the 85 days? (she has a job back home to return to)

3) After we start the visa process will she need a different visa to enter to visit me before everything is finalized?

Thanks,

I tried 3 times to get tourist visa for my wife & could not. Some of the reasons given were that we were already married & in the process of getting a K 3 visa as well.

I was told that even if they issued a tourist visa she would not be allowed entry into USA under any circumstances becuase we were married & due to the " strongest ties " rule. The idea in thier minds is that her ties are to you upon entry into the USA & she would not return to her country.

I suppose you know that if she got in you could begin to file & she may not have to return to Japan. This is exactly what keeps them from issuing the tourist visa. I would NOT discuss

What I have explained happened in Thailand. They have a huge visa fraud problem & are very strict. One officer was nice enough to explain the " off the record " thinking. He said it was a classic catch 22.

I hope it is different due to the Japan aspect but I would check this out very carefully. Also I hope you know the days she would be given are decided at the POE not at the embassy. That can be anything up to 6 months dependent on what reasons are given for the visit.

[Old Dominion 26]

We just got married. We would have gone the K-1 route but we got too busy. We have not started the visa process and we are planning to start once she is here. We got her a round trip ticket to come for 85 days. Here are my questions:

1) Will she have any problems getting into the US (San Francisco) by asking for a tourist visa.

2) Is it ok for her to tell them that she is visiting her new husband and will return after the 85 days? (she has a job back home to return to)

3) After we start the visa process will she need a different visa to enter to visit me before everything is finalized?

Thanks,

I tried 3 times to get tourist visa for my wife & could not. Some of the reasons given were that we were already married & in the process of getting a K 3 visa as well.

I was told that even if they issued a tourist visa she would not be allowed entry into USA under any circumstances becuase we were married & due to the " strongest ties " rule. The idea in thier minds is that her ties are to you upon entry into the USA & she would not return to her country.

I suppose you know that if she got in you could begin to file & she may not have to return to Japan. This is exactly what keeps them from issuing the tourist visa. I would NOT discuss

What I have explained happened in Thailand. They have a huge visa fraud problem & are very strict. One officer was nice enough to explain the " off the record " thinking. He said it was a classic catch 22.

I hope it is different due to the Japan aspect but I would check this out very carefully. Also I hope you know the days she would be given are decided at the POE not at the embassy. That can be anything up to 6 months dependent on what reasons are given for the visit.

It's best to begin the spousal visa process immediately, from the U.S. All other options seem unreliable, e.g., getting her into the U.S. and then applying. It is doubtful that anyone can get a tourist visa to come visit a spouse, for the reason mentioned earlier.

[sherry0201 0]

Yep, K3 needs to be filed in order to get an immigration visa. And now a lot of immigration officers deny the entrance.

I have read that some people got denied at POE. If your spouse gets denied, it will stay in her record. It can be negative for your K3 process. If I were you, I would file K3 immediately. And getting a tourist visa can be very easy for regular people. But, since your spouse already married you. The thing is a little different.

[Ling Ling 22]

Japan is a Visa Waver Program country (VWP).

This means that she doesn't have to apply for a tourist visa for a stay of up to 90 days.

She can tell the truth (that she's visiting family and friends) without saying that she's visiting

her new US Citizen husband.

As for the 85 days...if she has her return ticket and proof of employment and a lease in Japan, that could

help if they decide to allow less than the 90 days. However, in my experience, they just stamp 90 days from entrance as the de-facto "must exit by date".

As someone mentioned that, after entrance she could stay in the US and apply for a change of status, this is not suggested.

That is, if she enters on a VWP or other tourist visa with the INTENT to immigrate, she will have committed visa fraud,

and could face a life-time ban from entering the US. Sure it has worked for some people, but it's hardly worth the risk.

Once you've begun the K-3 (non-immigrant visa process) or the CR-1 (immigrant visa process) she may or may not be admitted entry in that clearly she has an intention to immigrate. NOTE- you should review the guides and WIKI for differences in K-3 and CR-1. Currently the CR-1 is approved as fast if not faster than the K3, cost less money, and is a more advantageous entry visa.

If your wife has a history of entering and leaving the US on-time, she most likely would not be denied entry on VWP.

However, while the VWP allows for up to 90 days at a time, it is expected that she not stay more than 90 days within a 6 month period, and no more than a total of 180 days in a year.

Japan's relationship to the US is completely different from that of Thailand and many other countries.

Japan is not considered a high fraud country with regard to immigration.

Get started on your CR-1 petition (form I-130) as soon as possible. The longer you put it off, the longer you will be separated from your spouse.

Good Luck, read the guides, search the WIKI

Edited October 19, 2008 by Ling Ling