Question about my Japanese wife

[Living In China 0]

My Japanese wife and I are foreign teachers who met in China and are living here. We are working through the process to get here a visa to settle down with me in the US. It looks like the chances are slim that everything will come together with in the next month and a half before the semester is over. I would like to take her with me to visit the US for a month to a month and a half this summer. Under normal circumstances, a Japanese citizen doesn't need a tourist visa to visit the US for under 90 days.

Is she allowed to visit the US even though we are going through the process to get her residence there? It may be relevant that A) she doesn't have the same surname as me, and B) she has been to the US twice before without any problems, including last summer after we married but before we began the visa process.

Thank you!

[Penguin_ie 5,996]

Yes she is allowed to visit; she should bring some proof of ties to her country of residence, so she can convince border control officers that she will return if asked. Examples are lease of a home, bank account, letter from employer stating when she is expected back etc.

[pushbrk 13,067]

My Japanese wife and I are foreign teachers who met in China and are living here. We are working through the process to get here a visa to settle down with me in the US. It looks like the chances are slim that everything will come together with in the next month and a half before the semester is over. I would like to take her with me to visit the US for a month to a month and a half this summer. Under normal circumstances, a Japanese citizen doesn't need a tourist visa to visit the US for under 90 days.

Is she allowed to visit the US even though we are going through the process to get her residence there? It may be relevant that A) she doesn't have the same surname as me, and B) she has been to the US twice before without any problems, including last summer after we married but before we began the visa process.

Thank you!

You want to avoid the appearance of immigrant intent. One thing I would do is not approach the counter together, which in this case probably means you getting in the Citizen line and she in the foreigner line. Give a generic answer like "visiting family and friends for summer break" when asked the purpose of her visit. She probably has little to show ties to her home country since she doesn't live there, so any documentation that shows she's expected back at a teaching job in China would be good to have just in case.

CBP officers do not have direct access to any database of folks going through the spouse visa process.

I'm curious why you posted this in the K3 forum, as I expect you are in a CR1 visa process, not K3.

Edited May 10, 2010 by pushbrk

[Darnell 8,479]

We are working through the process to get here a visa to settle down with me in the US

What is that process, exactly?

When last you checked in, I mentioned DCF'd I-130 - now yer asking a question in a K-3 forum, 6 months later?

Which process are you two working through?

[Living In China 0]

Sorry about replying so late, and sorry for the confusion. It's a long story, but we didn't get the documents together in time, and things have not been going quickly. We're waiting to hear about a K-3 visa interview yet. I really want to take her to the US this summer to visit my family. They miss us a lot and haven't seen us since a year ago, prior to when we started applying.

Maybe making matters worse is that she quit her job teaching here in China next semester. She was just going to stay with me here and find some work online.

What I do not want to happen is to go with her to the US just to have her sent back immediately at the whim of some immigration officer. I'm torn about what to do.

I'll check back tomorrow.

[pushbrk 13,067]

Sorry about replying so late, and sorry for the confusion. It's a long story, but we didn't get the documents together in time, and things have not been going quickly. We're waiting to hear about a K-3 visa interview yet. I really want to take her to the US this summer to visit my family. They miss us a lot and haven't seen us since a year ago, prior to when we started applying.

Maybe making matters worse is that she quit her job teaching here in China next semester. She was just going to stay with me here and find some work online.

What I do not want to happen is to go with her to the US just to have her sent back immediately at the whim of some immigration officer. I'm torn about what to do.

I'll check back tomorrow.

Sure, she can probably visit without problems. If it were me, I'd go through the Citizen line and let her go through the visitor line. Make sure she indicates a generic truthful reason for her visit, like "holiday" or "going to Disneyland" (if true) etc.

As for the rest of your process, where's your timeline. What is the status of your petitions? In which country did you marry?

[Darnell 8,479]

If yer waiting to hear about a K-3 interview, then you've filed an I-130 to the lockbox in Chicago.

If you , instead, filed an I-130 packet to a US Embassy/Consulate in China, then you started the Direct Consular Filing Process of the I-130 petition.

I'm really confused.

If I were in yer shoes, I'd take the DCF route, regardless of ability/in-ability to collect all documents.

You've already met the residency requirement for DCF in China - I would assume any complications are self-imposed. IMO, DCF in China is actually easier and faster than filing anything to the lockbox in Chicago.

Seriously.

Please note, that any K-3 visa 'hope' is dashed at NVC, IF the approved I-130 and I-129F travel together, from any Service Center (in the USA) to NVC. NVC will 'administratively close' the I-129F, and yer stuck with the CR-1 track , with NVC processing. Sure, there's an electronic processing 'channel', since you might be interviewed in China - but.

You really should file the I-130 via direct consular filing, on Tuesday (when the Embassy and Consulates are open).

Suggest strongly, when you can (soonish) to post more about yer exact situation.

[Living In China 0]

As you've probably noticed by now, I'm confused about the different visa, the paperwork, etc. It's my own fault. Anyhow, thank you very much for your replies. I'll reply with more info once I get my facts sorted out.

Here's what I know that I know: We have been applying for a visa in China by sending paperwork to Beijing (initially) and then Guangzhou. Chicago hasn't been part of the picture. I need to go back through my paperwork to get my facts straight.

I guess now that we've established I'm somewhat incompetent I can quit being embarrassed and get things sorted out.

[pushbrk 13,067]

As you've probably noticed by now, I'm confused about the different visa, the paperwork, etc. It's my own fault. Anyhow, thank you very much for your replies. I'll reply with more info once I get my facts sorted out.

Here's what I know that I know: We have been applying for a visa in China by sending paperwork to Beijing (initially) and then Guangzhou. Chicago hasn't been part of the picture. I need to go back through my paperwork to get my facts straight.

I guess now that we've established I'm somewhat incompetent I can quit being embarrassed and get things sorted out.

Then you are involved in a DCF (Direct Consular Filing) case for a CR1 visa unless you've been married two years already, in which case it will be an IR1 visa.

What is the last action you took on your case?

What is the last notification you received from Beijing or Guangzhou about your case?

[Darnell 8,479]

OK - give us some time ticks, then ? simple things, like :

I-130 handed over / submitted, and to which consulate / embassy ? (you said beijing, are you sure?)

I-130 approved

--Affadavit of Support - I-864 submitted (I-864 paperwork with tax data)

--Immigrant Visa Application - DS-230 submitted (Part I signed, Parts I and II filled out, all of her original documents [police clearance, birth certificate, marriage certificate, translated into English ] )

--appointment date set (usually a letter sent to her)

--medical exam done

--appointment date

all of these are time ticks, for 'when it happened'. Please let us know, those dates ?

thanks in advance !

If you get confused with forms, please review http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm

specifically IV Instruction Packet (“Packet 3”) section and IV Appointment Packet (“Packet 4”) section. Those are the sections that apply to a DCF'd I-130. (Nota Bene for any China-bound petitions NOT doing DCF - IV Instruction Packet (“Packet 3”) section does not apply to you - you 'get it done' at NVC instead) .

Good Luck !

Edited May 31, 2010 by Darnell

[Darnell 8,479]

I guess now that we've established I'm somewhat incompetent I can quit being embarrassed and get things sorted out.

Yes, but don't wait until Oct 2010 to get things sorted, as that would mark the 1 year anniversary of you asking questions about it.

and that, of course, would suck. A Lot.

[Darnell 8,479]

Hey ! any news?

http://www.visajourney.com/timeline/profile.php?id=75355 is still blank, empty..

Come on - where are you ? what's going on ?

[Darnell 8,479]

Hey - any news? I'm hoping, by now, since you sent off 'something' to Guangzhou (with that something being a DS-230 with civil docs)

that you'd have an interview scheduled by now?

Wassup?