Which Visa To Use?

[DerekJ 0]

Hi all,

My girlfriend and I are in a quandry as to which is the route that would give the best chance of getting her over here. I say "girlfriend" because my divorce is not quite final yet and we decided not to get officially engaged until that was complete. Here's my story: Two years ago, my wife and I decided to call it quits but planned to take a few years to end things due to some financial considerations. Exactly two weeks later while on a business trip, I met my girlfriend who is a Japanese citizen on vacation in the US. You can imagine the ensuing scenario. My soon-to-be-ex-wife is angry for me violating our agreement and has used adultery as a ground for divorce (my state is a fault-based divorce state). I'm not fighting it. Financially, things will be tough for me as I'm responsible for the mortgage and support issues (1 child). My girlfriend, who has been a gem through all this, is employed by a US-based company and does work for them in Japan. The company is not located in my state. She makes substantially more income than I do.

My question is do we go the K1/K3 route (which I think is hazardous given the facts) or do we look into possible sponsorship through her company? Regardless of any outcome of this process, we intend to marry.

TIA,

DerekJ

[no name 1]

Hi all,

My girlfriend and I are in a quandry as to which is the route that would give the best chance of getting her over here. I say "girlfriend" because my divorce is not quite final yet and we decided not to get officially engaged until that was complete. Here's my story: Two years ago, my wife and I decided to call it quits but planned to take a few years to end things due to some financial considerations. Exactly two weeks later while on a business trip, I met my girlfriend who is a Japanese citizen on vacation in the US. You can imagine the ensuing scenario. My soon-to-be-ex-wife is angry for me violating our agreement and has used adultery as a ground for divorce (my state is a fault-based divorce state). I'm not fighting it. Financially, things will be tough for me as I'm responsible for the mortgage and support issues (1 child). My girlfriend, who has been a gem through all this, is employed by a US-based company and does work for them in Japan. The company is not located in my state. She makes substantially more income than I do.

My question is do we go the K1/K3 route (which I think is hazardous given the facts) or do we look into possible sponsorship through her company? Regardless of any outcome of this process, we intend to marry.

TIA,

DerekJ

Do work sponsorship if you can, then marry & adjust status. Much easier & you can be together still!

[William33 110]

Hi all,

My girlfriend and I are in a quandry as to which is the route that would give the best chance of getting her over here. I say "girlfriend" because my divorce is not quite final yet and we decided not to get officially engaged until that was complete. Here's my story: Two years ago, my wife and I decided to call it quits but planned to take a few years to end things due to some financial considerations. Exactly two weeks later while on a business trip, I met my girlfriend who is a Japanese citizen on vacation in the US. You can imagine the ensuing scenario. My soon-to-be-ex-wife is angry for me violating our agreement and has used adultery as a ground for divorce (my state is a fault-based divorce state). I'm not fighting it. Financially, things will be tough for me as I'm responsible for the mortgage and support issues (1 child). My girlfriend, who has been a gem through all this, is employed by a US-based company and does work for them in Japan. The company is not located in my state. She makes substantially more income than I do.

My question is do we go the K1/K3 route (which I think is hazardous given the facts) or do we look into possible sponsorship through her company? Regardless of any outcome of this process, we intend to marry.

TIA,

DerekJ

Derek,

K-1 is a Fiance petition, allowing your Fiance entry into the US, with the understanding that you will marry within 90 days.

K-3 is a marriage based visa, meaning that you are already married and want to bring your spouse to the US.

Either way, when your divorce is finalized, you can file. It appears that K-1 visa petitions filed very close after a divorce can raise a "red flag" with USCIS. However, your lengthy separation prior to divorce, will help. On the other hand, if your soon to be ex is using "adultery" as the basis for the divorce, that could also pose problems.

I would suggest that you contact a "highly recommended" immigration attorney for advice on your best course of action.

In my personal opinion, I would go the K-3 route. But you need to weigh all factors and get the advice of the attorney.

Or do as devilette suggested, that may be the easiest way to go. Good luck.

Edited August 24, 2006 by William33

[Boiler 45,486]

Do both, actually the divorce on the basis of adultery works in your favour, you will have court documentation supporting your relationship.

She should look for a L Visa assuming she can do an inter country transfer with her current employer.

Any other work route would take too long.

[Rob&Marife 0]

I was kind of in the same boat as you. Although my divorce took so long because of my deployment to Iraq and subsequent long rehab at a military hospital so hence a 3 year separation from my ex-wife. Now if USCIS wants to question my motives or why I was engaged exactly 6 days after my divorce was final I’ll explain it to them. I mean hell at least I had the common decency to wait till I knew it was finalized and filed by the county clerk before asking my fiancée to marry me.

Just know you can’t use either a K1 or K3 until you get the divorce settled. So I think what the other posted suggested was the easiest although a little on shaky legal grounds. Good luck!

[TracyTN 237]

Either way, when your divorce is finalized, you can file. It appears that K-1 visa petitions filed very close after a divorce can raise a "red flag" with USCIS. However, your lengthy separation prior to divorce, will help. On the other hand, if your soon to be ex is using "adultery" as the basis for the divorce, that could also pose problems.

I've not heard of the USCIS making moral judgments based on the timing of a divorce and a subsequent K1 petition. If that were the case, there would be LOTS of VJers having issues in that respect!

Although I'm sure other extenuating circumstances (perhaps using a marriage broker or a very short relationship prior to engagement - possibly even having a fiance/e from a 'high fraud' country) could certainly raise some red flags.

[raymaga 25]

My divorce was issued in August, 2003 and we sent our I-129F into USCIS in October, 2003. The subject never came up throughout the whole process or at the interview.

The date of your divorce has no bearing whatsoever on your application.

Good luck.

[William33 110]

I stand corrected. Thanks for the clarification.

[DerekJ 0]

I stand corrected. Thanks for the clarification.

This is good to know. We have been quite worried about the timing issue as we would like to get things going ASAP. The time apart is very stressful. I was quite concerned that moral judgments would play a large factor. I'm encouraged!

[rebeccajo 14]

Although I'm sure other extenuating circumstances (perhaps using a marriage broker or a very short relationship prior to engagement - possibly even having a fiance/e from a 'high fraud' country) could certainly raise some red flags.

Here's the salient point. It can indeed be a red flag in high fraud countries. Or used by any CO if the case looks otherwise suspicious at any consulate.

[DerekJ 0]

Although I'm sure other extenuating circumstances (perhaps using a marriage broker or a very short relationship prior to engagement - possibly even having a fiance/e from a 'high fraud' country) could certainly raise some red flags.

Here's the salient point. It can indeed be a red flag in high fraud countries. Or used by any CO if the case looks otherwise suspicious at any consulate.

Luckily, ours was just a random meeting that happened to blossom into the best relationship I have ever been in. Is Japan a high fraud country? I think we can overcome any such presumption given my girlfriend is a highly placed business professional with a number of staff persons below her, a home and family in Japan.

[TracyTN 237]

Japan does not spring to mind as a high fraud country, no.

[meauxna 15]

Is Japan a high fraud country? I think we can overcome any such presumption given my girlfriend is a highly placed business professional with a number of staff persons below her, a home and family in Japan.

Japan is not considered a high fraud country.

It is considered an easy/fast place to do a Direct Consular Filing case.

Read more here: http://www.visajourney.com/forums/index.ph...om&page=dcf