In the US during immigration process

[b_and_y 0]

Hi all,

We have been referring to this website a lot, and it is a great resource. We feel very lucky to have found it early in the process. A problem has come up in our immigration process and we wanted to see if anyone has any advice or experience with this situation.

I filed the I-130/CR-1 paperwork on October 4th for my wife, who is Japanese. I received back the I-797C five days later and the check cleared. The problem is that my wife was laid off from work in Japan at the end of October. I make enough money to support both of us in one country, but not enough to support us living apart.

So is there any hope that she could come to the country on a tourist visa and we could file an I-485 (or some similar document) while she was here so that we could wait out the immigration process in the US? We do not need expedited processing and want to go through the process legally, but really cannot financially afford to have her unemployed in Japan for many months while we are waiting. And where she lives in Japan right now makes the US job market look rosy...so we are not really hopeful that she will find a new job soon.

Unfortunately, from what we have read, it seems like there is no normal option for having her come to the US and stay here until the immigration process is completed. Have we missed something?

Should we try contacting our congressmen and see if they can help out?

I do not think an immigration attorney is a valid choice, because if the problem is not being able to afford both of us living apart while we are waiting for immigration to process then I am skeptical of finding a lawyer that actually helps for an affordable amount of money.

Our only other option (keeping everything legal and fraud-free) would be for me to try to find work in Japan and move there, which seems counterproductive and makes the entire immigration process moot for bringing her into the country. At least in my opinion.

Any suggestions?

Thanks for your time.

Edited November 17, 2009 by b_and_y

[christeen 966]

Unfortunatly, as with EVERYONE on this site, if there were a way to keep together and have an easy processing and not have to be seperated then there probably would not need to be a site like this... There is no way to legally stay together in the US and process (since you have already filed she cannot just come here and file AOS as she would be entering and committing immigration fraus which would encounter a ban) and that would be much worse.

There are many here who struggle to maintain two households, are seperated from children and even seperated at the birth of their children... You need to find a way to hold out and maintain until you are approved.. Do what you have to do as far as cutting household budgets, asking family for help.. but unfortunatly you will not be able to bring her over for processing...

If she is eligible for a tourist visa, she will have to provide VERY compelling evidence that she will return for processing and not having a job would not look like a compelling reason to return so I do not believe they would admit her... She would have to return for final interview and processing...

I am so sorry that you and everyone else here has to go through this seperation... There is no "magic bullet" formula and it is a tough road for everyone... Good luck

[Scott and Mhay 57]

IIRC people from japan can come and visit the US without a visa for like 60 days at a time. I will do more searching on that, but there are a few countries that can. I remember when i was flying back from the philippines on the form i had to fill out there was an option for that...and a list of a few countries that can do what i am saying..... The only thing is, will this be cheaper to fly her back and forth a couple of times vs just support her there?

On edit, check this link out...i think it is 90 days at a time...i didnt read everything though. http://tokyo.usembassy.gov/e/visa/tvisa-waiver.html

Edited November 17, 2009 by Scott and Mhay

[Scott and Mhay 57]

The only catch to this...you might have to fly her back to japan for her interview...but i think that is what the section stating where the interview will take place..there is for in the US and outside...

It is something to look into though. Hope it helps

[redglasses 1]

Since she was laid off, she should be able to get unemployment benefit from the Japanese authority (hellowork) right away.

Or doesn't she have a family who can support her?

Edited November 17, 2009 by redglasses

[Chica Yeyé 41]

You already have a petition processing; so the idea of her moving here while that gets processed is pretty close to visa fraud; which I am sure is not your intention. She can potentially visit you (provided they allow her in, and without ties to Japan it is not as easy as you might think).

Like christeen said, if there was a way to do that legally, everyone would. Sorry.

[*Snowdrop* 604]

As others have said there is no way for her to move here while you finish the process but she could potentially visit for up to 90 days which would be something. I came over for a three-month visit while my CR1 visa was processing and had no problems at entry. However I did bring with me evidence of ties to the UK - lease, bank statements, letter from work saying they were expecting me back. I wasn't asked for any proof of return though beyond my return ticket.

[b_and_y 0]

Thanks all, the answers here were pretty much what we were expecting.

My wife does qualify for unemployment in Japan, but it would be so much easier if there was a way for her to stay here until the immigration process was completed. We are planning on having me go to Japan for her interview, being there for your spouse's interview is good advice for everyone who can afford the trip.

Ironically, because of the industry I work in, it would be pretty easy for me to find a job in Japan and work there, even in the current economy. The more I read about people's problems with the US immigration process, the more I wonder why many couples do not consider leaving the country. Honestly, my Japanese wife is the one who is intent on coming to live in the US, I would be happy in either country and sometimes I swear that the US is not very welcoming of LEGAL immigrants.

Oh well, rant aside, thanks again for your answers.

Edited November 18, 2009 by b_and_y

[Malrothien 6]

I'm the USC and I did move to my husband's country. I've been here almost 4 years and just haven't been able to adjust properly and miss my family. He also does not like it here and we have a greater amount of opportunities if we move to the US.