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[wonka 0]

My Japanese gf is coming to S. Korea to move in with me. We will be living together for a year here and after that we plan on moving to the US. We aren't engaged at this point. Just very serious. Assuming we want to travel back to the US together on a K1 when I leave Korea (August 2012), what time line should I be looking at for applying and should we do it in Korea or should she go back to Japan to file? Also, what should I be doing to provide proof of our relationship aside from taking lots of photos?

Thanks!

[SabrinaFrance 8]

In order to petition your soon-to-be fiancee for a K1 visa you will need an address in the US, and also proof of revenue in the US, or a co-sponsor. If you start the process while you are still in South Korea see if it would be possible to use your parents (siblings or friends) US address on the K1 visa paperwork until you get back to the US and have a place on your own; also US employment proof might be tricky if you are still living in S. Korea when your fiancee goes to her interview for her visa, but you could easily counter that one if someone in the US is willing to sponsor her.

In terms of timeline, it usually gets between 8 to 12 months for the whole process, and then once the visa is used your fiancee will have 6 months to enter the US, so if you start the process sometime this fall she should be good to go next summer. Not sure where she should file though...

For proof of your relationship you should keep plane/train stubs showing that you traveled to the same places, pictures of you two, if you live together already it should be fairly easy to find documents with both of your names of it.

You still have time, so study the "Guides" from this website and you will have a clearer image of the whole process.

[Canadian in GA 34]

You have alot of time to gather stuff for your package, like SabrinaFrance said- tickets, pictures and anything you have done together. see if u can put both of your names on bills, leases, etc, showing you lived together abroad. if you can get a rental in both of your names, or something, more the better.

read up on your visa's you still have a bit of time, but the more you know the better it will be for you.

good luck!

[Barbara J 115]

My Japanese gf is coming to S. Korea to move in with me. We will be living together for a year here and after that we plan on moving to the US. We aren't engaged at this point. Just very serious. Assuming we want to travel back to the US together on a K1 when I leave Korea (August 2012), what time line should I be looking at for applying and should we do it in Korea or should she go back to Japan to file? Also, what should I be doing to provide proof of our relationship aside from taking lots of photos?

Thanks!

Once you decide you want to get married then you can file for the 129f petition before you leave Korea. The petition simply want to know and prove that you have met in the last 2 years and that you intend on marrying within 90 days of her arrival in the USA. You will need to be back in the states while this is processing and organising a place to live and also have a job. If you don't make enough to sponsor her then you will need a co sponsor to make the poverty guidelines.

The whole 129f petition to approve can be up to 6 months and then another 2 months for the interview and visa production so all up from 6-9 months.

Or you can get married there and file a CR1 spousal visa , same amount of wait time though.

She should go back to Japan if this is her home while waiting for the petition to be approved and have her interview in home country.

Read this it will help a lot.

http://www.visajourney.com/content/k1guide

[Póg mo 1,749]

My Japanese gf is coming to S. Korea to move in with me. We will be living together for a year here and after that we plan on moving to the US. We aren't engaged at this point. Just very serious. Assuming we want to travel back to the US together on a K1 when I leave Korea (August 2012), what time line should I be looking at for applying and should we do it in Korea or should she go back to Japan to file? Also, what should I be doing to provide proof of our relationship aside from taking lots of photos?

Thanks!

If you plan on getting married and immigrating to the US you should consider doing it in Korea, at least the legal part that is. The whole process, assuming you have all your documents together when you apply, can be completed in under a month.

[wonka 0]

Is there a benefit to being married first vs. doing the fiance visa (minus having the wedding in the states)? How do they determine if I can support someone. If I have 15 grand in the bank plus a job does that count or is it all based on the previous years tax return? Ill have no debt, about 15 grand, and a job when I land, so I think I should be above the poverty line. Our main concern is how fast she can start looking for work.

[SabrinaFrance 8]

If you get married in Japan or Korea and apply for a spouse visa CR1 she will get a green card as soon as she enters the US and so she will be able to work right away. I believe the process takes about the same amount of time as a fiancee visa K1, or only a couple months more. If you do the fiancee visa, she will have to apply for an adjustment of status after you get married, and will not be able to work for several months.

In terms of sponsorship they look at your previous years tax returns and your current employment. In our case my USC fiance was living with me in France as a student, so his previous tax returns showed zero income, but we were approved on the basis that his new job in the US was paying him enough. But if you can not show proof of employment in the US then you will need a co-sponsor. $15,000 is not enough assets to sponsor your fiancee on your own. 125% of the poverty line for a couple is somewhere around $21,000, and without a job you would need to have the liquid assets to cover this amount by 3 or 5 times, others will confirm the right numbers.

[wonka 0]

For the CR1 it takes just as long, but after you are already married? I mean, it takes 9 months to a year after the wedding? So if we aren't ready to be married, ASAP, then it makes more sense to go for the K1. I feel that the wedding time line is more appropriate for us going for the K1. I should have a job when I land, but in case I dont, can anyone tell me what the process is getting a sponsor or what a sponsor has to do? In this case it would be one of my parents, I suspect. On a side note, these time lines really take the romance out of the build up for marriage.

[Ryan H 3,812]

should we do it in Korea or should she go back to Japan

She should go back to Japan if this is her home while waiting for the petition to be approved and have her interview in home country.

If she is legally residing Korea along with you, she can interview in Korea, she does not have to go back to Japan.

[JimVaPhuong 4,863]

For the CR1 it takes just as long, but after you are already married? I mean, it takes 9 months to a year after the wedding? So if we aren't ready to be married, ASAP, then it makes more sense to go for the K1. I feel that the wedding time line is more appropriate for us going for the K1. I should have a job when I land, but in case I dont, can anyone tell me what the process is getting a sponsor or what a sponsor has to do? In this case it would be one of my parents, I suspect. On a side note, these time lines really take the romance out of the build up for marriage.

A CR1 usually takes a little longer than a K1 because the green card approval is part of the CR1 process, while a K1 applies for a green card separately after arriving in the US and marrying the US citizen petitioner. One of the advantages of the K1 is that it allows the couple to be together in the US while waiting out the last part of the immigration process, which is the green card application.

A sponsor needs income that is at least 125% of the poverty guidelines for their household size, which includes themselves and the immigrant. The current poverty guidelines are here:

http://www.uscis.gov/files/form/i-864p.pdf

If the sponsor doesn't have sufficient income then they can make up for the shortage with certain assets, like cash in the bank. The assets need to be 3X the shortage in income if the immigrant is the spouse or child of the sponsor, or 5X the shortage otherwise.

For a K1 visa application, a sponsor submits a non-binding I-134 affidavit of support to show that they have sufficient income to sponsor the beneficiary. When the K1 applies for a green card then the sponsor signs a binding I-864 affidavit of support that allows the US government to sue them if the immigrant collects means tested benefits (welfare, food stamps, SSI, etc.) at anytime while the affidavit is in effect.

For a CR1 visa application, a sponsor submits an I-864 only.

There's no prerequisite built-in waiting period. It takes as long as it does because of the sheer number of people who apply. If you understand the process, expect the waiting times, and plan accordingly, there's no reason it should suck the romance out of your relationship.

Go here:

http://www.visajourney.com/content/guides

Start with the "Begin Here" link to compare the ups and downs of each visa type. Then read the guides for each type of visa to get an overview of what the process is like.

[wonka 0]

Yes she is here legally. Thanks for all the information. One last thing. Since I am working in Korea Im not sure how this works. I have to go back and set up housing and a job at some point in the visa process to show I can support her. My parents own properties, so I we have a place to live already and I have a job in my family business when I get back, so everything should be fine on that end. However, we would like to not spend that much time apart when I go back to the States from here (plus Im not 100% sure how her family will react at that point, so I dont really want her stuck in a negative environment back at home for very long while she waits to come over, if it comes to that), so would it be better just to get a sponsor (one of my parents) while Im in Korea to hurry things along? I cant really leave my job here until its time to go home when my contract is up.

[KittyPollitt 284]

Yes she is here legally. Thanks for all the information. One last thing. Since I am working in Korea Im not sure how this works. I have to go back and set up housing and a job at some point in the visa process to show I can support her. My parents own properties, so I we have a place to live already and I have a job in my family business when I get back, so everything should be fine on that end. However, we would like to not spend that much time apart when I go back to the States from here (plus Im not 100% sure how her family will react at that point, so I dont really want her stuck in a negative environment back at home for very long while she waits to come over, if it comes to that), so would it be better just to get a sponsor (one of my parents) while Im in Korea to hurry things along? I cant really leave my job here until its time to go home when my contract is up.

I think what another poster was trying to say is that because you are living together in S. Korea (assuming you have S. Korean legal residency), if you were to marry there, you would be eligible to file for a CR1 using Direct Consular Filing (DCF). DCF actually does speed up the process, as the entire petition is adjudicated at the consulate. It averages 2-4 months from petition to interview. For DCF, you'd have to prove domicile in the US (a letter from your parents regarding housing, and a letter from the family business regarding future employment would work fine), and other than that, the requirements are the same as any other CR1 visa.

This is a great option for people in your situation, as there is no separation, and you could apply prior to your contract being up, since the visa is good for travel for up to 6 months. The immigration process has a way of taking the romance out of getting married, you're right. But you have the opportunity to not have to be separated- take advantage of it! Good luck!

Edited April 23, 2011 by squeaky580

[Ryan H 3,812]

I think what another poster was trying to say is that because you are living together in S. Korea (assuming you have S. Korean legal residency), if you were to marry there, you would be eligible to file for a CR1 using Direct Consular Filing (DCF).

Were you referencing my post about where the OP's significant could interview? I was not talking about DCF, other posters have described that process well.

I made my post about interview location because another poster stated to the OP that his significant other could only interview in her home country which is not the case if she has legal status in another country.

OP: Since your GF has legal status in Korea, as long as she still has that legal status at the time of the interview, she can interview there regardless of the route you take (K1 or CR-1).