K-1 or IR-1 for Japanese citizens

[NewBlueEyes 0]

Hi all - my future wife and I are looking for help in deciding what is the best way to go about immigrating to the US. Here is a quick rundown of our current situation:

-I am living and working in Japan, but will be returning to the US in November. Our original plan was to marry and return after getting an IR-1 from the Embassy in Tokyo, but we have decided it wouldn't be best for us, since we'd both be without jobs.

-In the meantime, we have already finished all the preparations and spent the money required to get married here in Japan - all we have to do is register our marriage with the local government here in Japan.

And so, we arrive at our current predicament:

1. Should we get married here, I return first to the US to get situated, then try for a spousal visa while we are apart? (that is possible, yes? my friend who has helped her husband immigrate to the US wasn't sure if it was)

OR

2. Should we NOT get married, I return first and get situated, then apply for a K-1 visa?

I'd like to ask anyone who's been through the process with a Japanese fiance/spouse, has gone thru either the K-1 or IR-1 process, or anyone who has any advice to offer - which would you recommend? Which is the wiser choice?

Thank you very much - please ask away any questions about details or anything.

Edited June 3, 2013 by NewBlueEyes

[Inky 1,110]

You are not eligible for an IR-1 as you have not been married over 2 years. You would be filing for a CR-1 if you were to get married.

[NewBlueEyes 0]

You are not eligible for an IR-1 as you have not been married over 2 years. You would be filing for a CR-1 if you were to get married.

Ah, sorry - I forgot what the difference was, and just guessed which was which.

[Inky 1,110]

Ah, sorry - I forgot what the difference was, and just guessed which was which.

Both the options you listed are possible. But its really down to what is best for you and what you want to do.

CR-1 would have her arriving as a PR and she can get her SSN and work and travel right away. Its cheaper to do this way.

K-1 she would arrive and marry and then you would file for AOS and she would have to wait quite a while to work/travel and get the green card. Its more expensive to do this way.

Both are taking about the same amount of time lately.

[stevie b 141]

Hi all - my future wife and I are looking for help in deciding what is the best way to go about immigrating to the US. Here is a quick rundown of our current situation:

-I am living and working in Japan, but will be returning to the US in November. Our original plan was to marry and return after getting an IR-1 from the Embassy in Tokyo, but we have decided it wouldn't be best for us, since we'd both be without jobs.

-In the meantime, we have already finished all the preparations and spent the money required to get married here in Japan - all we have to do is register our marriage with the local government here in Japan.

And so, we arrive at our current predicament:

1. Should we get married here, I return first to the US to get situated, then try for a spousal visa while we are apart? (that is possible, yes? my friend who has helped her husband immigrate to the US wasn't sure if it was)

OR

2. Should we NOT get married, I return first and get situated, then apply for a K-1 visa?

I'd like to ask anyone who's been through the process with a Japanese fiance/spouse, has gone thru either the K-1 or IR-1 process, or anyone who has any advice to offer - which would you recommend? Which is the wiser choice?

Thank you very much - please ask away any questions about details or anything.

I would file from abroad, which will get your petition approved in 1-3 months. you can stall your petition at the nvc if necessary.. that process is about a month to complete. come to the states, change your address.

you will be able to manipulate all the time frames to minimize your separation.

I was married outside the country, came back to the states and filed.. looks like interview will be some time in july or august if all goes well.. that would make total separation time about 7 months.. just an fyi.. those 7 months are easily turned into 12 depending on how long your original petition approval takes

I would definitely go the 130 route for effectiveness

Edited June 3, 2013 by stevie b

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is considering different paths.

[Darnell 8,478]

marry this week, file the I-130 next week.

IMO, CR-1 visa much better than K-1 ... But don't take my word for it, aye?

Study ! http://www.visajourney.com/content/compare

Edited June 3, 2013 by Darnell

[NewBlueEyes 0]

Thanks everyone for your nice replies.

I actually had another question - if we get married in Japan, can she visit me in the US without a spousal visa, as long as she leaves within 90 days? I heard from a friend she'll need to show her return ticket to Immigration when she arrives to be admitted. This is definitely something to consider for us...

[Inky 1,110]

Thanks everyone for your nice replies.

I actually had another question - if we get married in Japan, can she visit me in the US without a spousal visa, as long as she leaves within 90 days? I heard from a friend she'll need to show her return ticket to Immigration when she arrives to be admitted. This is definitely something to consider for us...

She can visit in the USA yes, but if she has to apply for a visitor visa it could be harder for her to get one because shes married to a US citizen. She would need to show strong ties to her home country and bona fide intent to return home ( more than just a return ticket.) or they will not issue the visitor visa due to immigration intent. ( even if she doesn't have any )

[Darnell 8,478]

I actually had another question - if we get married in Japan, can she visit me in the US without a spousal visa, as long as she leaves within 90 days? I heard from a friend she'll need to show her return ticket to Immigration when she arrives to be admitted. This is definitely something to consider for us...

Yup, that's a benefit of the VWP. Japan citizens can participate with ESTA and VWP, but must preregister online. Suggest she do that nowish, before legally married to a foreigner.