Told by lawyer to do IR-1 instead of K-3, questionable?

[shogimatt 0]

Hi!

My wife and I have decided to use a lawyer to help us with our journey. The lawyer we're using has told me three things which have seemed strange to me:

1) He says that the I-130 approval time is 4~6 months for Japan, and so I should just go for the IR-1 and not the K-3 in order to save work and money. That time estimate doesn't include the interview following approval, right?

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

3) I plan to move to Japan and live with my wife while we're waiting for her visa. I noticed that the IR-1 requires a residence in the US. Will living with my wife for the 6 months ~ 1 year while her visa is processing disqualify me from the IR-1 visa?

Thank you, everyone, for your help. I can't tell you how much this forum is supporting us through our nightmare.

Edited December 8, 2008 by shogimatt

[cmnb 0]

Hi!

My wife and I have decided to use a lawyer to help us with our journey. The lawyer we're using has told me three things which have seemed strange to me:

1) He says that the I-130 approval time is 4~6 months for Japan, and so I should just go for the IR-1 and not the K-3 in order to save work and money. That time estimate doesn't include the interview following approval, right?

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

3) I plan to move to Japan and live with my wife while we're waiting for her visa. I noticed that the IR-1 requires a residence in the US. Will living with my wife for the 6 months ~ 1 year while her visa is processing disqualify me from the IR-1 visa?

Thank you, everyone, for your help. I can't tell you how much this forum is supporting us through our nightmare.

1. USCIS I-130 processing is not country specific. but that estimate sounds about right. if your file is at VSC count an additional 2 months and expect around 8 months for approval.

2. he is completely wrong. you need to provide proof of bonafide relationship with I-130. it states clearly in the instructions. read the instructions very carefully and do as directed. nothing more nothing less.

3. if you are planning to move to Japan, look into DCF (direct consular filing, this may save you a lot of time). but to answer your question, a US citizen living abroad does not disqualify you from applying for a visa for your spouse.

good luck!

Edited December 8, 2008 by cmnb

[YuAndDan 153]

1) Yes simply going I-130 for a IR-1 visa can save you paperwork an money (NO Adjustment of status needed)

2) K-3 and IR-1 both will need to provide relationship evidence, the I-130 used with both visas asks for this, most simply provide affidavits from fiends.

3) All visas REQUIRE US domicile, because K-3 or IR-1 require an affidavit of support from the petitioner (I-134 (K-3) or I-864 (IR-1)) In order to provide one the petitioner must show that living out of the USA was temporary. Living out of country does NOT disqualify you from applying for the visa.

If you plan on living out of country, you need to keep and maintain your US domicile.

If you plan on living in Japan for more than 6 months as a resident, you can file the I-130 directly to consulate after 6 months of residency and the visa approval may be quicker, than filing it in the USA.

Edited December 8, 2008 by YuAndDan

[cmnb 0]

1) Yes simply going I-130 for a IR-1 visa can save you paperwork an money (NO Adjustment of status needed)

2) K-3 and IR-1 both will need to provide relationship evidence, the I-130 used with both visas asks for this, most simply provide affidavits from fiends.

3) All visas REQUIRE US domicile, because K-3 or IR-1 require an affidavit of support from the petitioner (I-134 (K-3) or I-864 (IR-1)) In order to provide one the petitioner must show that living out of the USA was temporary. Living out of country does NOT disqualify you from applying for the visa.

If you plan on living out of country, you need to keep and maintain your US domicile.

If you plan on living in Japan for more than 6 months as a resident, you can file the I-130 directly to consulate after 6 months of residency and the visa approval may be quicker, than filing it in the USA.

very well put!

[trinket 30]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

[jhcruz18 3]

I agree with the above posts. If you are gonna go to Japan to be with your wife, make sure that you don't give up your residence in the USA. Domicile is a requirement for filing the affidavit of support. But you can do Direct Consular Filing in Japan if they allow it. Although with that route, you will have to be a resident of Japan for a certain amount of time. Like for example, I filed DCF in the Philippines but had to have a 6 month residency there to file the petition. Filing for an IR-1 visa is longer than the K-3 route, but you don't have to adjust your wife's status when she gets to the United States and that saves you alot of money. Good luck.

[YuAndDan 153]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

In their case they are talking IR-1 this implies having been married for MORE than 2 years, during that time they should have developed evidence of a bona fide relationship. This becomes a bigger factor the longer the couple have been married.

[kaffy 2]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

This was the case for us.. we filed for CR1 and only had to show our marriage certificate.. nothing else

I think it might have been because we did DCF and Australia is considered a 'low fraud' country

[shogimatt 0]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

In their case they are talking IR-1 this implies having been married for MORE than 2 years, during that time they should have developed evidence of a bona fide relationship. This becomes a bigger factor the longer the couple have been married.

We got married this year, so we've only been married a few months. Does that mean we're actually applying for something other than an IR-1?

[YuAndDan 153]

We got married this year, so we've only been married a few months. Does that mean we're actually applying for something other than an IR-1?

Yes (CR-1)

CR-1 = Conditional resident immigrant. It is the same as IR-1 just is what it is called if married less than 2 years at the time the visa is issued.

If CR-1 is used to enter the USA before 2 years of marriage, the resulting green-card will be 2 year Conditional Green-card, which requires filing to remove conditions within 90 days or the card's expiration.

If CR-1 is used to enter the USA AFTER 2 years of marriage, the resulting green-card will be 10 year Un-Conditional. (This depends on the CR-1 being issued less than 6 months before 2 years of marriage, and used after 2 years of marriage.

Edited December 8, 2008 by YuAndDan

[daboyz 36]

We got married this year, so we've only been married a few months. Does that mean we're actually applying for something other than an IR-1?

Yes (CR-1)

CR-1 = Conditional resident immigrant. It is the same as IR-1 just is what it is called if married less than 2 years at the time the visa is issued.

If CR-1 is used to enter the USA before 2 years of marriage, the resulting green-card will be 2 year Conditional Green-card, which requires filing to remove conditions within 90 days or the card's expiration.

If CR-1 is used to enter the USA AFTER 2 years of marriage, the resulting green-card will be 10 year Un-Conditional. (This depends on the CR-1 being issued less than 6 months before 2 years of marriage, and used after 2 years of marriage.

I think you meant to say IR-1 there.

[YuAndDan 153]

Yes (CR-1)

CR-1 = Conditional resident immigrant. It is the same as IR-1 just is what it is called if married less than 2 years at the time the visa is issued.

If CR-1 is used to enter the USA before 2 years of marriage, the resulting green-card will be 2 year Conditional Green-card, which requires filing to remove conditions within 90 days or the card's expiration.

If CR-1 is used to enter the USA AFTER 2 years of marriage, the resulting green-card will be 10 year Un-Conditional. (This depends on the CR-1 being issued less than 6 months before 2 years of marriage, and used after 2 years of marriage.

I think you meant to say IR-1 there.

Nope CR-1, the statement indicates being issued a CR-1 visa due to marriage being less than 2 years at the time of visa issuance, however using it AFTER 2 years of marriage. If this is the case, the POE and USCIS will treat the CR-1 like an IR-1 visa and issue a 10 year card.

[WaitingforRakesh 0]

I would get a different lawyer. Mine had me give as much bonafide relationship data as possible for the I-130. I don't know, maybe someone out there could clarify this, but the more you give now, the less they may ask for at the interview. I am assuming that whole packet from USCIS and the NVC goes to the embassy. Plus, the USCIS may give you an RFE for this information anyway, if you don't send it the first time.

He was right on the CR1 versus K3. CR1 is getting approved from the USCIS approximately the same time as the K3. Since you are going to live in Japan anyway, you might as well do direct consulor filing. You will have to check the embassy requirements for Japan. In India it was 90 days residency. Keep in mind you will have to provide documentation to the embassy proving your temp residency. You will probably have to register with whoever in Japan for this. Plus have your name on somethings like rent or utilities. I would check your embassy's website for details.

As far as your residency in the US. You would have to have an legal address in the US. Best proof is your driver's license. Also, bank records, utilities, things that normally get mailed to you. Keep in mind, if you will keep a house or apartment, you should maybe use your parents or someone who has a place that you can receive mail and say that that is your address. It must match your driver's license.

Good luck to you! I lived in Japan for 3 1/3 years. I miss it!

[hargis 0]

Hi!

My wife and I have decided to use a lawyer to help us with our journey. The lawyer we're using has told me three things which have seemed strange to me:

1) He says that the I-130 approval time is 4~6 months for Japan, and so I should just go for the IR-1 and not the K-3 in order to save work and money. That time estimate doesn't include the interview following approval, right?

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

3) I plan to move to Japan and live with my wife while we're waiting for her visa. I noticed that the IR-1 requires a residence in the US. Will living with my wife for the 6 months ~ 1 year while her visa is processing disqualify me from the IR-1 visa?

Thank you, everyone, for your help. I can't tell you how much this forum is supporting us through our nightmare.

If you are moving to Japan to wait. You should file there. You can take care of everything there. Just make sure you bring all

of your needed papaer work with you. Birth certificate, etc.

[kaffy 2]

Sure DCF is faster but if he has to fulfill the 6 month residency requirement first, then file.. depending on how quickly the process is there (say 3-4 months) wouldnt that still take about 9-10 months total...

Isnt that about the same as doing a regular CR1?