Visiting the U.S. on a tourist visa from Japan (while K-1 application is in progress)

[honbako 1]

Hello everyone,

I recently got engaged to my fiance who is in Japan. I'm fairly new to this wonderful forum and pretty new to the whole K-1 process. I have not actually started the K-1 application process, but am doing as much preliminary research and checks for how long things will take and what paperwork will be necessary before I start (will probably start in March or April).

My fiance is currently planning on visiting me here in the States later this year (around August) and the purpose of the visit is simply to come spend time togther (and possibly do some pre-wedding planning together). There is no intent for her to stay or get married during this time. Since she's a Japanese national, she can come here just with her passport. There's a chance that the K-1 application process would be in progress around the time she is estimating to come visit.

Is it all right for her to come visit while the K-1 application is on-going? I don't want to raise any potential red flags or cause any concern for immigration. I couldn't find any information on this so I thought I'd ask.

Thanks!

[honbako 1]

Well, it looks like my question was answered here: K1 Visa Applicant Visiting US. Unfortunately I didn't see any search references until after I posted the message. Sorry for the spam.

[VanessaTony 3,567]

If you're referring to her visiting using the VWP then she will need to apply via ESTA: http://tokyo.usembassy.gov/e/visa/tvisa-esta2008.html otherwise she will be denied entry.

Also, having the VWP does not guarantee entry. She will need to provide strong ties to Japan. She is permitted to visit while the process is on-going but again, will need to prove strong ties.

If you already knew this just ignore, but thought I better mention just in case

[honbako 1]

Thank you for informing me about this; I didn't have a clue! I'll make sure she takes a look at that site; she was considering coming for a visit this Spring, so she'll have to use that anyway. Thank you again!

[road417king 7]

There is no intent for her to stay or get married during this time. Since she's a Japanese national, she can come here just with her passport.

My wife and I were married in November (she's also from Japan) and a short time later she was flying back to Japan. It's okay for you to get married when she visits because the important part of that statement is that there is no intent to *stay* here during that time.

We went this option because when I spoke with an immigration lawyer about the options, she told me that if my wife should need to go back to Japan in the event of a family emergency, under a K1 visa she would need to get permission to fly back where as if she comes here as a foreign born spouse on a K3 or CR1 visa, that restriction doesn't exist.

This is important because my wife has two daughters from a previous marriage. One is already in college, the other will be entering college in April, that along with a rather large family (brothers and sisters with kids, plus her parents), being able to return to Japan without worry was paramount.

Keep in mind that I'm simply repeating what an immigration lawyer told me, so if the information is wrong, then the lawyer was wrong.

[honbako 1]

Interesting. I didn't think about this option. We're probably going to go the K-1 route because getting a K3 or CR1 would introduce the potentially longer delay (which we were trying to avoid in the first place) ... otherwise we would have chosen to get married in Japan. Thanks for the information though; it may come in handy while we're gathering data before starting the application process!

[Homes 0]

I believe your question has been answered, but I wanted to share my experience with you, too.

As mentioned in the responses above, your fiance will need to apply for ESTA before her visit. If she forgets, I believe she can do it at Narita airport, but I am not 100% sure about that. Entry is not guaranteed and she might have problems if her stay is long. Before my husband put in the I-129F petition, I visited him for two months last summer (summer break!) and even though we weren't engaged, the officer got suspicious and sent me to the side room with a red flag! I had my round trip ticket but I was later told that because it was such a long stay, the officer was worried that I was going to overstay. After checking my records and seeing how clean they were, I was able to enter. The same thing may or may not happen to your fiance.

After filing for I-129F, I visited the States three times and no questions were asked. Those visits were within two weeks, so maybe that's why? I had evidence with me (letter of employment, contract, round trip itinerary, copy of I-129F packet, lease with translation) but none of the officers asked me for them.

I hope all goes well for you and your fiance