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kuroki

visa for wife, while u.s. citizen husband stays abroad?

By kuroki in General Immigration-Related Discussion

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kuroki Newbie

kuroki   0

Posted
Filed: Country: Japan
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Posted (edited)

I'm a U.S. citizen, my wife is Japanese. We have been married 20 years (we've spent the last ten in Japan), and have two kids (ages 13 and 10, both born in the U.S., have U.S. and Japanese passports). Recently, we've decided that for the kids' education, as well as other recent ongoings here, it would be a good idea for my wife to take the kids back to the U.S. Unfortunately, because my job requires that I stay in Japan, I can't go with them. It is my understanding that the only visa that my wife could get would be the immigrant visa (then the Green Card), but is that true? I assume that would be out of the question, since I (the U.S. citizen) have to stay in Japan (or would have to return to Japan shortly after initially accompanying them). Is there anything we can do, other than me quitting my job to go with them? I would appreciate any advice.

p.s. By the way, she did have a Green Card in the past, but voluntarily gave it back to the U.S. embassy in Tokyo, because we've been living here.

Edited by kuroki
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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
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Tricky

You would have to move back.

Or wait until you oldest could sponsor her.

Nothing to stop you moving back then immediately returning to Japan.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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kuroki Newbie

kuroki   0

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Filed: Country: Japan
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Thanks for your reply. So I guess there's nothing in between the 90-day visa waiver and the Green Card. Knowing how time-consuming and expensive it is to apply for the Green Card, we're hesitant to do that at this point, because it is quite likely that she and the kids will be joining me in Japan again in a year or so, and we don't want her to have to give it up again. If we do apply for the Green Card again, I suppose we'll have to be careful to make sure she goes back to the U.S. for at least two weeks every year...

Tricky

You would have to move back.

Or wait until you oldest could sponsor her.

Nothing to stop you moving back then immediately returning to Japan.

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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
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Posted

She has to reside in the US, not visit.

US Citizenship would allow her to come and go as she pleased.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Life is full of choices and decisions to be made. The only certain thing in life is that there is an advantage and a disadvantage to everything. If there was a perfect place to live, a country with the best educational system, free, world-class health care, a prosperous retirement, plus a climate that allows outside activities all year round, planet Earth would tumble in its orbit as 6,800,000,000 people were heading toward that country.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

***** Moving from K3 to General immigration... as K3 is dead *****

Could the kids stay with relatives of yours in the USA, or maybe boarding school? Your wife could apply for a tourist visa, which allows a 6 months stay, but with a US husband and kids, likelyhood of her getting it is low.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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SophWeb Enthusiast

SophWeb   25

Posted
Filed: AOS (apr) Country: Australia
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Posted

***** Moving from K3 to General immigration... as K3 is dead *****

Could the kids stay with relatives of yours in the USA, or maybe boarding school? Your wife could apply for a tourist visa, which allows a 6 months stay, but with a US husband and kids, likelyhood of her getting it is low.

That's what I would do...especially since the OP is saying that the kids are just going to move back to Japan after a year or so. IMHO, there's no point going through the lengthy and expensive immigration process for the wife if you only intend to be there for a year.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

another way.

do DCF in Japan, entire family go to USA with Dad on a two week vacation from work, Dad returns to Japan afterwards.

Why is it feasible? She'll be getting an IR-1 visa, which culminates in a 10 year greencard - USCIS doesn't hassle her after that.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
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Posted

another way.

do DCF in Japan, entire family go to USA with Dad on a two week vacation from work, Dad returns to Japan afterwards.

Why is it feasible? She'll be getting an IR-1 visa, which culminates in a 10 year greencard - USCIS doesn't hassle her after that.

They'd need a joint sponsor in the US. Dad isn't domiciled in the US, and his source of income is abroad. Establishing domicile would mean losing his source of income.

12/15/2009 - K1 Visa Interview - APPROVED!

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Posted

ya, there's the catch-22. sorry.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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