i-130? K-3? something else? Need advice please

[elvenshadow 19]

My Japanese wife and I have been living in Japan for almost 7 years now. We plan to move back to Chicago where I am from in August and are just now starting to prepare our paperwork for her US spouse visa. I researched the topic before and read some information that turned out to be out of date (I read that we could process directly through Tokyo US embassy but they stopped that in 2011.) The Tokyo Embassy processing would only take a couple of months from what I read. That's why I waited this long but I was shocked to find out yesterday that I made a mistake. Now we have to file to the Chicago dropbox through mail and I heard that this can take up to 8 months for an i-130 to get approved. I was wondering how long it most likely would take if we went for a K-3. At this point, it seems like it is hopeless to get this all filed by August when we were planning to leave. I don't want to leave her behind with the possibility of it taking several extra months so we are considering doing another year in Japan but I honestly don't really want to. It would mean committing to another 1 year contract and I would rather start a career path in Chicago. Any insight about the process or advice would be greatly appreciated. Thank you very much!

[Mela17 36]

The K-3 is basically a dead visa. The I-130 used to take several years to process so that's why it was useful. Now it takes 6 months to 1 year. as long as you file your I-130 and you have established intent to return to the US which you obviously have because of your plans to work in Chicago, your wife can visit you on the VWP while her visa is processing as long as she goes back to Japan for her interview. If you file now is you will be 4 months into processing time by august and your wife can visit for 90 days so that will bring you to 7 months. It won't be that bad. Best of luck to you.

[malenliam 18]

My advice is to extend another year in japan. Me and my husband live in kuwait before, he is usc and hes working in kuwait before. Then last april 2013 the company didnt renew his contract so we decided to file spouse visa so he can bring me in US. But no more USCIS office in US embassy kuwait so we mailed ourapplication last June 2013. His work in Kuwait is until first week of August, so obviously the visa was still on the process. My heart was broke when August 2013 came and i need to go home in Philippines and my husband will go back in US. My visa just got approved this March 25 2014. Yes weve been apart for how many months, but he visited me last December 2013 here in the philippines. Yes we got approved but another journey in NVC is waiting....for how long we need to wait is I dont know.

I really miss my husband.

so if i were you, while youre I130 visa is on the process, stay with your wife.

[Mela17 36]

I understand what malenliem is saying but we all are apart from our SO's during this process. I had a terrible time of it too, crying almost every day. I made myself go out to a meet up and when they asked me to introduce myself I burst into tears. BUT it was worth it! We filed our k-1 in April and I was able to visit him in that previous November, January, March, and then again in June. he was appoved in late July. He still didn't actually come over until December due to interview and medical times etc. It's super tough but if your heart is set on returning to Chicago I think it's worth it to go.

[NikLR 13,227]

My Japanese wife and I have been living in Japan for almost 7 years now. We plan to move back to Chicago where I am from in August and are just now starting to prepare our paperwork for her US spouse visa. I researched the topic before and read some information that turned out to be out of date (I read that we could process directly through Tokyo US embassy but they stopped that in 2011.) The Tokyo Embassy processing would only take a couple of months from what I read. That's why I waited this long but I was shocked to find out yesterday that I made a mistake. Now we have to file to the Chicago dropbox through mail and I heard that this can take up to 8 months for an i-130 to get approved. I was wondering how long it most likely would take if we went for a K-3. At this point, it seems like it is hopeless to get this all filed by August when we were planning to leave. I don't want to leave her behind with the possibility of it taking several extra months so we are considering doing another year in Japan but I honestly don't really want to. It would mean committing to another 1 year contract and I would rather start a career path in Chicago. Any insight about the process or advice would be greatly appreciated. Thank you very much!

Unfortunately you can't control the speed of the visa process until just about at the end. Only at the NVC can you control when you send in material so you can try to lengthen the process if you're stuck somewhere and won't be able to use the visa within 6 months of obtaining it. Many people like to do this so that in a few years they can move but don't need to worry about trying to speed it up. So much easier to slow it down than speed it up.

I highly suggest if you want to stay together, to take the contract for another year in Japan.

[elvenshadow 19]

Thank you all for the helpful and surprisingly fast replies. I would like to give a little more information about our current situation.

We have yet to file anything but are in the process of filling out the i-130, the G-325As, the i-864, and gathering all of the necessary documents now. The forms are mostly (?) done but we still need to get a lot of documents translated into English from Japanese. Realistically we probably won’t be able to actually send in everything until the middle of this month if we hurry. The contract for my current job ends on July 31^st. I already told them that I plan to not re-contract but they have not begun any preparation for hiring anyone else and if I tell them fairly soon that I changed my mind, I am almost completely certain that I can just sign on for another year. I am currently working in English education but my degree is in business and I want to begin a career path that is relevant to my future. My wife and I plan to have a child soon (she is not pregnant yet but we were going to try after moving) and I want to be able to have a better job to support our family in the future.

So I suppose these are my choices…

Scenario 1: Re-contract for another year and stay in Japan.

Pros:

• My wife and I stay together the whole time.
• Guaranteed job for at least one more year.
• She can be around her family a little longer.
• If we have baby here, they can help her through the process.

Cons:

• Delays my future career path and I am getting older (31 now)
• I promised our entire family and friends at our wedding that we would return August of this year and everyone will be disappointed, especially my parents.
• I am also mentally ready to leave.

Scenario 2: Go back in August and she comes as a regular 90 day visitor using ESTA, hoping that the visa is approved within that time or soon after (around November).

Pros:

• I can start a new job soon (as long as I can find one)
• I can be around my friends and family

Cons:

• My wife will not be able to work during this time.
• We would probably need to wait longer to try to have a baby since it would complicate things? (Actually I don’t know much about laws in regards to this….)
• We risk the visa process taking much longer than anticipated and we spend a long time apart
• We have to spend more money on an extra flight since she will have to return to Japan before coming back on her new visa.

Scenario 3: I can stay in Japan after my job ends on a 90 day visitor visa until the end of October, hoping that it gets approved around that time and then we return together after that.

Pros:

• I don’t have to commit to a full 1 year contract in Japan and can still try to find a new job in Chicago later this year.
• I can enjoy some time off.
• I can still be with my wife.
• I wont dissapoint my family and friends much or at all

Cons:

• No income from me means cost of living will eat into our savings (though my wife can still work since she has a job here)
• Longer unemployment gap may look bad when applying for a job later in Chicago.
• If the visa approval takes longer than end of October, I have to go back anyway and then we basically go into Scenario 2 but I end up having a harder time finding a job with less savings.
• This also delays having a baby.

I am sorry for the wall of text. If anyone could possibly add their insight or thoughts we would greatly appreciate it. I also would like to know if there is a better alternative to just going for the straight i-130 since I was told that the K-3 is no longer a good option.

Tldr:

Best choice?

1. Stay in Japan on job I don’t want to do another year to be with wife

2. Go back ahead by myself and risk being apart but get job

3. Stay in Japan 3 extra months to wait for visa without job, delay future job, eat savings

Thank you!

[NikLR 13,227]

Up to you two. After living without my husband for over a year after marriage I would never do it again. Chances of her obtaining a visa in 2014 is slim.

But this is YOUR lives, so do what is best for YOUR family.

Also 31 isnt old. Im going back to school next year and I'll be 34... 36 by the time I get a new degree.

[nomadnoor 29]

I think your best option is #1. I think that realistically a little disappoint is better than the hardship of being away from your wife. The I 130 process for my husband and I is now it in the 7-8th month and we probably will be done within the year. I am 31 years old too and I decided to stay with my husband because - god willing - there is always time for me to go back to the US get a job and start a masters program. I know your probably thinking the distance won't put much strain on your marriage but it will.

As for the baby making plans - why not start trying now? There is never a perfect time to have a baby and I have heard great things on how supportive Japanese culture is of pregnant women and mothers. I would also probably be less stressful for baby #1 to have the support of your wife's family during the pregnancy and birth as well as afterwards.

Just my two cents.

Ally & Omar

[elvenshadow 19]

Thanks so much everyone. We are kind of leaning towards the 1 year but my parents want me to try Scenario 3 where I stay 3 months after my contract is up in hopes that it gets approved before the end of October. My wife really wants me to go with her to the interview though and if it gets approved and I have to leave it will be hard on her. Her English is not very good (it isn't terrible but she has no confidence in) so she is afraid that she can't do the interview well by herself and wants me there for support. By the way, does anyone know if they can give her the interview in Japanese if she has having trouble to understand the questions in English?

Anyway, we will meet with her parents next week and see what they have to say about it.

[NikLR 13,227]

Your wife will not likely get a visa by October even if you filed tomorrow. You'll be lucky if the I-130 is approved by then. Your wife is more important than your parents or her parents and her needs and wishes need to be put ahead. Personally I would do scenario 1.

Like I said, I was married May 2012. I moved to the USA June 2013. The entire first year of marriage I spent 30 days with my husband. I supported myself and kept busy but never again. I have a hard time now when he's gone for a month or so for work. I can see exactly why people choose the K1 and why they live abroad with their spouses until absolutely necessary to move back.

[elvenshadow 19]

Thank you for the additional comments everyone. I talked with my parents again and they basically think that no matter what we do, staying together is top priority so they said we should probably just stay another year, so I guess that is what we are going to do (most likely). We will meet with her parents later this week to tell them about the situation and see what they have to say.

Plus, my wife really wants me to go with her to the interview since she is very worried she will make a mistake and also doesn’t have much confidence in her English as her abilities are limited (does anyone know if they can ask her the questions in Japanese by the way?)

So, in the case that we do stay another full year (starting in August) that presents a new issue. I have no idea how long it will actually take for the i-130 to get approved. I worry that if we file very soon, there is a chance that it gets approved earlier than we had anticipated and she gets the interview and visa earlier than 6 months before the end of my next contract. If I am not mistaken, the spouse visa needs to be used within 6 months of issue or else it expires. If she got her visa 6 months before my contract ends, I would need to break contract or else we would be stuck starting all over again. Given that information, when do you think would be the best time to file to be safe? I also don’t want to file too late though because then we risk being put right back in the same situation we are in right now. This whole process is really frustrating.

@DaveTaiwan: Yea, your situation sounds similar but even more difficult since you have a child. I think for you, 1 or 2 sound the best. Living in Japan is pretty nice if you never have done so. I love it here, I just can’t keep doing this job forever and need to start work more relevant to my future and there really isn’t much opportunity for that here. As for the medical insurance, with the way Japan’s medical insurance works, it wouldn’t make any difference if I switched. Plus, my wife only has a part time job right now and actually is currently getting insurance through mine. I also just renewed my work visa last summer so I don’t know if it would be easy to get approved for a spouse visa. The spouse visa application process is quite complicated in comparison and since we were only going to stay one more year it wouldn’t have made a difference for our situation when I renewed. Anyway, sorry to get off topic.

[NikLR 13,227]

You can slow down the process at the NVC so that she can interview closer to the time you're leaving. You have no control over the I-130 but you have LOTS of control at the NVC stage. You could slow it down for years if needed, but you cannot speed it up any faster than it will go. So send away the I-130 as soon as you can and slow down at the NVC if you need to.

[elvenshadow 19]

I see. So basically after you get NoA2 you can take as long as you want until you submit the next documents and there is no expiration or penalty? That is at least good to know.

[NikLR 13,227]

You have to keep in contact with the NVC once per year. So you can pay a bill, wait almost a year, send the documents, pay a bill etc etc.. you can slow it down for 2-4 years.

[elvenshadow 19]

I would only need to slow it down for several months at most so I think I should be fine then.