A few starter questions

[MochiKamo 93]

Hello everyone,

Like many, I am pretty overwhelmed by the K-1 visa process. Although I have read many posts in this forum as well as the the guides here and the forms on uscis.gov, I still have some questions and would also like to get some confirmation.

1. We plan to get married in July 2011. Is it too early to start the I-129F process? I understand one can get an extension if approval occurs 'too soon.' Or is it better to wait some more before starting the process.

2. I have visited Tokyo about 10 times in the last 2 years and she has visited LA 4 times. I have a lot of visa stamps in my passport as well as a bunch of airline stubs and some hotel receipts that I have to scrounge up (didn't really think they'd be useful before). She visited my parents and I've visited her parents in Tokyo, and we have pictures of everyone together. We have some film pictures as well as a lot of digital pictures. I will get some of them printed at kodakgallery.com as the guide here suggests. Is there anything else I'm missing?

3. For the I-864, there is a chance that I may no longer be employed starting in 2011. Is using assets only to qualify something that will cause concern? I plan to supply tax returns for the 3 years. Assets will be in a savings account. I have read that it's also possible to use Roth IRA and/or 401k accounts if the cash value of the accounts is used (ie minus(taxes+10% penalty) for the 401k). Is this something I can estimate myself or do I have to get an official statement from the place that holds my accounts?

4. I read that if we apply through the embassy in Tokyo, our application will go through the department of state and will possibly be faster. Is this true?

5. I also read that while we are in the application process, it is generally not a good idea for her to visit the US. Is this true? Can I still visit Tokyo?

6. In 2012 I may go outside of the US for 2 years for educational purposes. I understand there is a form that she can use to get up to 2 years permission to leave the US and be able to return. Does anyone have any experience with this?

Wow, that was a lot of questions. I wasn't planning to go all out, but if anyone has any input, I'd definitely appreciate it.

[Justine+David 218]

1. Nope, not too early. When she gets the visa, it's valid for 6 months, plus you can have up to 90 days to get married, so unless you are finished with the process in less than 3 months, you should be fine I filed for my fiance in August 2009 for our September 2010 wedding. We did have a civil marriage so we could get our adjustment of status papers filed quicker, but our big wedding is still in September. That being said, the risk is that you may not be approved in a year. It's not likely that this would happen, but I had contacted my vendors who all agreed to push the date forward if necessary.

2. No, the pics and the stamps in the visa should be fine.

3. Check out the Reginal forum for Asia to ask about the assets. Usually it's fine, but it's at the discretion of the consulate (yours being Japan, obviously).

4. Yes, it's called a DCF. But you must be living together abroad for a certain amount of time. Check out the DCF forum for more info.

5. Visiting is an overblown topic here on VJ. Japan is a visa waiver program, so she can visit without a visa whenever. It's up to the officer at the US border whether or not she is let in and she will need to provide proof of ties to her home showing that she intends to return, like a return plane ticket, adequate funds in a bank account, job, rental lease, etc. Check out the Asia forum to see what others have done. My fiance visited me twice during the process and I visited him four times. I was more harrassed by the UK border folks than he was visiting me

6. Have no idea.

Welcome to VJ

Don't forget to check out the adjustment of status guide once you send off the petition! And good luck!

[MochiKamo 93]

Thanks for your reply! I'm going to get started with the process right away then!