Continuous residency required for Japan?

[shogimatt 0]

I posed this question in: http://www.visajourney.com/forums/index.ph...t&p=2461071

But it occurred to me that this forum is the appropriate one.

The question of

DCF

versus CR-1 has been a big question for us. The requirement is 6 months for Japan... and our worries center around whether or not these 6 months need to be continuous.

I tend to get sick in Japan (they don't use central heating in the winter or air conditioning in the summer where she lives), and we're worried that I'm going to have to go back to America at some point for some odd reason, which would void the time I've spent there up until that point.

Aside from the need to continuously live in Japan for 6 months, the

DCF

seems better: less money, less time spent waiting while the visa is processing, no need for a lawyer. Also, it seems like it would be easier to prove our marriage is real because we'll have been living there for 6 months together.

Thank you for your help, I find that this forum is truly a life-saver.

[kaffy 2]

from the US Embassy Tokyo website:

Effective immediately, the consular sections of the American Embassy in Tokyo and the American Consulate General in Naha will accept family-based I-130 petitions filed by American citizens who have been resident in Japan for at least the preceding 6 months.

from the wording I gather that it has to be continuous

[reeses16 8]

You should contact the Embassy about their residency requirement and ask them directly if it must be continuous residence. My guess is that its probably continuous, but better to confirm than worry or make a choice that will lengthen the process.

If it is continuous residency and you choose to continue with DCF, just have a back up plan. I'm sure you can see a doctor in Japan. But if its a regular cold, you could just treat your symptoms with other the counter meds. Good idea to find out how much it would cost to see a doctor if you had to go.

[shogimatt 0]

I found this on the embassy website at http://tokyo.usembassy.gov/e/visa/tvisa-i130mar22.html :

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

So, it appears that the requirement is indeed a continuous stay!

[MargotDarko 0]

I can't imagine that "continuously" excludes visits home though. It's six months of "residence" not "presence". As long as you maintain residence and spend the vast majority of the six months in Japan, I can't see them rejecting your petition based on not being resident in Japan just for going to the states for a week or something. Make sure you do things like setting up joint accounts or even accounts in your name - anything that shows you're making Japan your current home. Also, it sounds like it would be a good experience and would mean you guys weren't separated much during the process.

[Completely 3]

I posed this question in: http://www.visajourney.com/forums/index.ph...t&p=2461071

But it occurred to me that this forum is the appropriate one.

The question of

DCF

versus CR-1 has been a big question for us. The requirement is 6 months for Japan... and our worries center around whether or not these 6 months need to be continuous.

I tend to get sick in Japan (they don't use central heating in the winter or air conditioning in the summer where she lives), and we're worried that I'm going to have to go back to America at some point for some odd reason, which would void the time I've spent there up until that point.

Aside from the need to continuously live in Japan for 6 months, the

DCF

seems better: less money, less time spent waiting while the visa is processing, no need for a lawyer. Also, it seems like it would be easier to prove our marriage is real because we'll have been living there for 6 months together.

Thank you for your help, I find that this forum is truly a life-saver.

DCF filing is just a process of filing the petition, it is not a type of visa. CR1 visa is a visa that they issued for someone who is married less than 2 years at the time of petition (This greencard is conditional and she has to remove condition before 90 days of expiry.. this greencard has validity of 2 years only.) IR1 Visa is for someone who is married for more than 2 years..(this visa or greencard is valid for 10 years.)

From what I have read in the US Embassy Japan website, you need to have a residency in japan to be eligible for DCF filing to your wife.