Jump to content
arkwyn

Marriage to a Japanese citizen?

 Share

14 posts in this topic

Recommended Posts

Filed: Timeline

The Japanese do not require a visa to visit the states for up to 90 days. My fiancee is here visiting now and I heard from some people that after 30 days, you can legally get married without a visa since she is already in the states. I'm wondering if there is truth in this?

On side notes, after marriage, we will want to start the green card application process. We know we need to do this and apply for a working Visa, but this stuff is all so alien to us. Can anyone here provide the proper steps and what the fees are like? We heard it would cost around $7000 for the whole process. (scary!)

Thanks everyone!

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

The Japanese do not require a visa to visit the states for up to 90 days. My fiancee is here visiting now and I heard from some people that after 30 days, you can legally get married without a visa since she is already in the states. I'm wondering if there is truth in this?

On side notes, after marriage, we will want to start the green card application process. We know we need to do this and apply for a working Visa, but this stuff is all so alien to us. Can anyone here provide the proper steps and what the fees are like? We heard it would cost around $7000 for the whole process. (scary!)

Thanks everyone!

You can marry, but she will have to return to Japan and take the spouse CR1 route- this will take 8-10 months.

You can marry, stay in the States and apply for AOS, but she will have to prove that this was not her original intent when entering the States (you shouldn't be calling her your fiancee yet), and there the risk that she will be sent back.

Whatever you decide, make sure she doesn't overstay the 90 days as a tourist.

Good luck. Ganbatte!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

A friend of mines wife is Japanese. She came here to the US and they got married in Vegas. But she returned to Japan and they started the K1 process. I've heard that spousal visas take longer than fiance visas. As far as the cost, it's not quite that much.

Link to comment
Share on other sites

A friend of mines wife is Japanese. She came here to the US and they got married in Vegas. But she returned to Japan and they started the K1 process. I've heard that spousal visas take longer than fiance visas. As far as the cost, it's not quite that much.

If your friend got married, then she is not eligible for a fiance visa. To try to get one is fraud and will lead the friend to be banned from the US for life. Maybe you just mis-typed...

OP - It is illegal to enter the US on a non-immigrant visa/status with the intent to immigrate. Jacque laid it out nicely for you.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Italy
Timeline

The Japanese do not require a visa to visit the states for up to 90 days. My fiancee is here visiting now and I heard from some people that after 30 days, you can legally get married without a visa since she is already in the states. I'm wondering if there is truth in this?

On side notes, after marriage, we will want to start the green card application process. We know we need to do this and apply for a working Visa, but this stuff is all so alien to us. Can anyone here provide the proper steps and what the fees are like? We heard it would cost around $7000 for the whole process. (scary!)

Thanks everyone!

There is no requirement that you wait 30 days, you could marry on day 1. This said, did she enter the US with the intent of getting married and changing her status to immigrant? If this is the case, then what you are planning to do is considered immigration fraud. She will have to leave upon her VWP expiration, then you two apply for a spousal visa, go through the whole process (8 to 10 months) and then she will move here. If, on the other hand, she came as a tourist with the intent of going back home at the end of her authorized period of stay, but then simply changed her mind after a while, you can certainly go that way.

As far as the green card process is concerned, you are looking at spending about $2,000 between filing fees and medical. I guess that $7,000 includes the cost of hiring an attorney, which is probably not needed.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

A friend of mines wife is Japanese. She came here to the US and they got married in Vegas. But she returned to Japan and they started the K1 process. I've heard that spousal visas take longer than fiance visas. As far as the cost, it's not quite that much.

k1 is a fiance visa not spouse. if they were married in vegas they filed the wrong petition. before giving advice here you need to make sure what you say is correct.


Link to comment
Share on other sites

Filed: Citizen (apr) Country: Italy
Timeline

A friend of mines wife is Japanese. She came here to the US and they got married in Vegas. But she returned to Japan and they started the K1 process. I've heard that spousal visas take longer than fiance visas. As far as the cost, it's not quite that much.

If they got married, they are now husband and wife in front of the law, regardless of where the marriage took place (people get married in Vegas thinking that it's not for real, but it is, indeed, for real). As such, they cannot go the K1 way any more. K1 visas are for fiance(e)s, and you need to declare that you are free to marry in order to obtain one. If they are married, making such declaration would be a material misrepresentation with very harsh consequences if they get caught. And having the marriage occurred in the US, I suspect that it would not be very unlikely to get caught. If they filed for K1 already, they should withdraw it asap and go the right way, which is the spousal visa.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Australia
Timeline

Thank you all for the replies. What is the difference between a spouse visa versus a green card?

You mean k-1 visa (fiance) or cr-1 (spouse) or AOS (Adjustment from a tourist, student visa etc)?

Take a look in the guides section above to decide what is best for you.

K-1 can only be applied for of you are NOT married. Takes 6-9 months on average. You adjust status once you're married to a legal permanent resident.

CR-1 can only be applied for if you ARE married. Takes approximately 1-2 months more than the K-1. You are already married when you apply and there is no adjustment of status, once your spouse enters the US with her CR-1 she will have her greencard.

AOS can only be applied for if your new spouse had no plans to immigrate when she entered on the VWP; she cannot leave while the application is processing (unless she has AP) ; there is no appeal of denied and your spouse would have to return to her home country and then you would have to file for CR-1.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Link to comment
Share on other sites

Filed: Other Country: Afghanistan
Timeline

Thank you all for the replies. What is the difference between a spouse visa versus a green card?

A visa of any type allows entry to the country for a set amount of time. A green card establishes permanent residency.

That being said a spousal visa allows your then wife to receive a greencard. As others have stated a K1 only allows her permission to enter and get married, then you have extra hoops to jump through in applying for adjustment of status which then results in a greencard.

Link to comment
Share on other sites

A spousal visa is a one-time use visa that sends you to the US as an immigrant. Entering the US on that visa triggers your Permanent Resident Status which is shown by a Greencard. You don't live in the US on a spousal visa.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Country: Jamaica
Timeline

A friend of mines wife is Japanese. She came here to the US and they got married in Vegas. But she returned to Japan and they started the K1 process. I've heard that spousal visas take longer than fiance visas. As far as the cost, it's not quite that much.

You can be engaged & married at the same time...wrong info/advise OP this would bite you in the butt if not now later, even when she gets ready for citizenship, dont let a yr apart cause you to be seperate 4ever unless you willing to move to Japan USCIS dont play with games like this

correction Cant

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

You need to read up on the options and maybe need an immigration attorney, if you are having problems with the process.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...