Sorry if this has been answered...Japanese going to USA

[MechaJubei 0]

Heya all. New to this board and I rummaged around and didn't see anything that answered my specific question so I thought I would post up..

I have been living in Japan for 5 years. I have a Japanese girlfriend that I have been with for a bit over a year. Members in my family back home (USA) have been having major health issues and may not be on this Earth for much longer. So I want to move back to America for a year or two so I can be with them....I haven't seen them for about 8 years now.

Anyway, my girlfriend and I are planning to get married eventually but no set date as of yet. I want her to come to America with me for the year or two and then when everything is settled with my family we plan to move back to Japan.

What is the best way for her to be able to stay with me in America for that period? Marriage? Of course we don't mind getting married but is that the only option? If we do get married in the States is it true she will have to go back to Japan for months to wait for the Spouse visa? No way she can stay in the states during the process?

Really sorry if this is in the wrong place to ask this stuff. We need to leave Japan to be with my family within the next month or two so I am trying to get answers as soon as possible!

Thanks in advance!

[YuAndDan 153]

She could enter the USA on a visitor's visa, and in some cases you can get one that is valid longer than 6 months a valid reason for such a long stay may be needed. Keep in mind being a visitor she cannot work.

The stay can also be extended while in the USA.

MORE: http://travel.state.gov/visa/temp/types/types_1262.html#13

[MechaJubei 0]

She could enter the USA on a visitor's visa, and in some cases you can get one that is valid longer than 6 months a valid reason for such a long stay may be needed. Keep in mind being a visitor she cannot work.

The stay can also be extended while in the USA.

MORE: http://travel.state.gov/visa/temp/types/types_1262.html#13

Thanks for the reply. :-)

Well, I know she will automatically get the 3 month tourist visa....and I think with some paperwork we can extend that by 6 months once she is here? It is OK if she doesn't work since I will support her...I want her to pursue her interests of photography and art which she is in America, so that doesn't reuire any type of work.

I was reading on some forums here about cases where someone on a tourist visa comes to America without solid intent on marriage, ends up getting married for whatever reason and applies for green card /spouse visa without having to leave the States. Is this true? From what I could tell people frowned upon "bypassing" the system by going with intent to marry but if we are not going with intent to marry, just to take care of my family, but happen to end up decided marriage is best....is that still bad or considered illegal?

Thanks again!

[KasAla 0]

She could enter the USA on a visitor's visa, and in some cases you can get one that is valid longer than 6 months a valid reason for such a long stay may be needed. Keep in mind being a visitor she cannot work.

The stay can also be extended while in the USA.

MORE: http://travel.state.gov/visa/temp/types/types_1262.html#13

Thanks for the reply. :-)

Well, I know she will automatically get the 3 month tourist visa....and I think with some paperwork we can extend that by 6 months once she is here? It is OK if she doesn't work since I will support her...I want her to pursue her interests of photography and art which she is in America, so that doesn't reuire any type of work.

I was reading on some forums here about cases where someone on a tourist visa comes to America without solid intent on marriage, ends up getting married for whatever reason and applies for green card /spouse visa without having to leave the States. Is this true? From what I could tell people frowned upon "bypassing" the system by going with intent to marry but if we are not going with intent to marry, just to take care of my family, but happen to end up decided marriage is best....is that still bad or considered illegal?

Thanks again!

Japan is a part of VWP which will give her 90 days with no visa. She will be unable to extend that for another 90 while she is in US. She will have to apply for B2 visa, which it will allow her to stay in US for 6 months. After six months, she can apply for extension for another 6 months with a valid reason. Also, if after couple of months you guys decide you would like to stay in US permanently, you can apply for the adjustment of B2 to permanent residency, if not you can depart to Japan. Her B2 visa will be I think valid for 10 years with multiple entries each for 6 months.

[John and Joyce 0]

Just do like the Mexicans do. They come here illegally all the time.

[MechaJubei 0]

Japan is a part of VWP which will give her 90 days with no visa. She will be unable to extend that for another 90 while she is in US. She will have to apply for B2 visa, which it will allow her to stay in US for 6 months. After six months, she can apply for extension for another 6 months with a valid reason. Also, if after couple of months you guys decide you would like to stay in US permanently, you can apply for the adjustment of B2 to permanent residency, if not you can depart to Japan. Her B2 visa will be I think valid for 10 years with multiple entries each for 6 months.

Thanks that is good to know...just a couple more questions....

Will she have to apply for the B2 visa while she is in Japan or can she come to the US, stay for the 90 duration (via the VWP no visa agreement) and then apply for the B2 then apply again once that 6 month period is up? If so then that would be perfect. It would give us enough time to stay with / help my family and decide if we want to get married in the US or in Japan.

I tried to find the answers myself on google but couldn't find anything definitive. Sorry to be a hassle!

Thanks a ton.

[YuAndDan 153]

Only other option that will save you problems with renewal of visitors status, and would allow your SO to at least be able to work while in the USA, would be to Marry and file for a spousal visa DCF, this would get a green-card issued on entry to the USA, the green-card will be a CR-Green-Card valid for 2 years.

Only wrinkle with this is your domicile status in the USA, if you did not maintain US domicile you will have problems getting the visa.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf