American to marry Canadian, living in Japan. Cr-1 or DCF?

[getcr1 0]

I am so thankful that I found this site! I have been on here for hours, but things are a bit mind boggling and I was hoping to get some advice from your experiences!

I am a Canadian who plans on marrying her American boyfriend sometime this year/early next year. We have been dating for 4 years, living together for 1.5 years and are currently living in Tokyo, Japan.

We do not want to spend time apart, and plan to leave Japan in the beginning of April 2010. As soon as we leave Japan in April 2010, then do some traveling, and plan to go to America in August/September 2010. We do not want to spend time apart at all, which is what I found with the K1 or the K3 visa. I liked how the DCF or CR-1 allow you to work right away. We havent gotten married yet, as I want to do this the legal way and do not want to mess anything up. We thought it would be nice to get married in a country that wasnt Canada/USA/Japan, but I am now thinking that since our situation seems a little difficult, that it might be easiest to marry in either Canada/USA/Japan.

Both of us have been living in Japan for about 6/7 years. I have some savings in Canada. He unfortunately hasnt done his taxes for the US for the last 5 years, but he has been properly been doing his taxes in Japan every year. I have done my taxes in both Canada and Japan.

Anyone have any advice on which we qualify for? Which one is better for us? Which one is faster? Which one do you think is quickest for us?

Even the most basic steps as to where to start would be great. I am getting confused as there seems to be a CR-1/DCF/I-130 and other forms that seem confusing.

Also, I noticed on the US embassy site in Tokyo, that they charge for phone calls and email advice? Is this true?

So so sorry for some may questions! I'd really like to get this in order!

Thank you so much!!!!

[Penguin_ie 5,995]

DCF also leads to CR-1 visa, but you file directly via the embassy, not in the USA, so it is much faster; all spousal visas start by the USC filing a I-130 form How much faster DCF is depends on the country but as you can see from my timeline, it took us 6 weeks whereas normally a spousal visa files in the USA takes 6-8 months.

In your situation, assuming you both have legal residency in Japan, I would get married either in Japan or while on holidays in the USA or anywhere else (if you prefer that and have, for example, a Christmas trip already planned), then file DCF in Japan in early 2010. That should lead to an interview and hopefully visa aproval sometime in late March 2010. You then have 6 months to use the visa, so you can go travel for a few months before entering the USA.

Your fiancee MUST files taxes in the USA even if he does not have to pay any US taxes, it is a strange US law. He can back-file his taxes now, so it'll be ready for when you file for the visa. The financial support forms are often an issue for DCF couples, as of course neither of you has a US job and often, people do not have enough assets (savings, property, shares etc) to file based on assets. Your only option there is to get a co-sponsor- a friend or family member in the USA who is willing to sign the forms and basically be a "guarantoor".

[redglasses 1]

The easiest/quickest way is getting married in Japan and go for the DCF-CR1 route at the US embassy in Tokyo. It will probably take 2 months to get the immigrant visa if the process goes smoothly.

Your US fiance needs to file tax returns at least for the last three years immediately. Even he doesn't have any US source income, he needs to file 1040 for non-US source income. In that case, the non-US income can be waived from the US taxes by filing the form 2555, Foreign Earned Income Exclusion. My husband (USC) hadn't filed his tax returns for some years either since he didn't know he had to. But we filed the returns at a time a few months before our petition at Tokyo.

If you choose the DCF route, the US embassy Tokyo website has step by step information for their DCF. Check the following URL and click on the "Immigrant Visas" on the left side. The links under the Immigrant Visas would greatly help you. I solely followed each step and got my IV with absolutely no problem. Don't waste your money ($20?) for their unreliable operator.

http://tokyo.usembassy.gov/e/visa/tvisa-ivgeneral.html

[Darnell 8,478]

I suggest DCF. In the meantime, the USC will have 'USA domicile' issue - so be prepared to handle that, along with him backfiling his tax returns (he won't owe anything, but the USCIS will want to see them for the I-864 ).

[getcr1 0]

hey all! thanks for this information! I guess the first thing I really need to do is get his taxes in order. I am going to see where I can find this financial forum so that we can get that sorted. I have heard that filing US taxes can be quite complicated!

Anyone else have experiences with using the Japan embassy? Especially if both of you are not Japanese? (as I am Canadian and he is American....)

[kaffy 2]

^You file through the US Embassy in Tokyo.... it has nothing to do with the Embassy of Japan (of which there are none in Japan anyway)

[kaffy 2]

I suggest marrying (on paper) in Japan. Even for two gaijin it is a pretty simple process done at your local ward office. It does need some preparation though as you will need to obtain Affidavits of Competency to Marry from your own embassies, then take them along with your passports and gaijin cards to your local ward office, complete the paperwork and register the marriage

Get married on paper first, file your visa papers then celebrate a proper wedding after you get home

canadian embassy info here: http://www.international.gc.ca/missions/ja...e-eng.asp#japan

us embassy info here: http://tokyo.usembassy.gov/e/acs/tacs-7114a.html

Edited October 17, 2009 by kaffy

[getcr1 0]

great! we have to get his taxes sorted. anyone have any information on getting USA taxes sorted if he hasnt done so in the last few years while abroad?

kaffy - thanks for that info! i think that is the route we may go....

[redglasses 1]

Read the IRS publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, thoroughly.

[getcr1 0]

i seemed to have hit a wall in regards to taxes. I think my boyfriend hasnt done his american taxes while in japan for so long, that he has no idea where to start. i have tried to look for these links to the forums in regards to doing american taxes before applying for a cr1 but no luck. can anyone point me in the right direction? even if you have to send me a private message would be great. anyone have the very first step of what he should do and how long it actually takes to do his taxes from the last 4 years or so?

[txladykat 1]

just go to the IRS website and you can download the forms necessary for the past several years. www.irs.gov. You can download the 1040 for the years needed, as well as the instructions on how to complete the forms. The taxes really aren't that difficult. If in doubt, have an accountant do it for you.

[redglasses 1]

i seemed to have hit a wall in regards to taxes. I think my boyfriend hasnt done his american taxes while in japan for so long, that he has no idea where to start. i have tried to look for these links to the forums in regards to doing american taxes before applying for a cr1 but no luck. can anyone point me in the right direction? even if you have to send me a private message would be great. anyone have the very first step of what he should do and how long it actually takes to do his taxes from the last 4 years or so?

He probably needs to file 1040 and 2555 for each year. That's what we've done at least.

If you read the instructions for the forms and the IRS publication 54, you would know what to do.

[getcr1 0]

Great! thanks! do you know where i can get these forms?

[redglasses 1]

www.irs.gov

[getcr1 0]

thanks so much for pointing us in the right direction redglasses!