K1 or K3/IR1/CR1, if you had the choice?

[Vin&Rachel 7]

Me and my girlfriend of two years live in Japan, we have decided to settle down and tie the knot! (Woot!)
I am a UK citizen and she is US, while we are very excited to get married and settle down we are also very realistic in regards to the visa shenanigans...

We were originally planning to get married in the states where her family is and where my family is closer to visit and attend but we know that challenges lay ahead.

I`ve read VJ`s comparison but I wanted to hear from people which would be the smoother route/better way of doing it? If getting married here would be smoother then we`prepared to and have better celebrations in the States on arrival. Time and money isnt an issue between the visa`s as our move is about 14 months away (at least), I feel the K3\IR1\CR1 is more hassle in the start with getting the marriage certificate switched over and sent but much smooth and stress free upon arrival. However, I have an American friend who has just moved to the states with her Japanese husband who said she wished they could have gone on a K1 instead in retrospect as it "Would have been easier". So mixed views all around.

I`m very new to all this Visa-ring` so please excuse my lack of knowledge, any help would be greatly appreciated.
-Vin

[NikLR 13,227]

~~moved to what visa do I need as OP is comparing visa types from K1 process and procedures~~

Personally we chose the CR1 because I could travel and work right away, and it was cheaper. Relatively anyhow because I had to fly across the country for my interview. But all in all, it was VERY important to me to be able to travel and work. I hate sitting at home bored and I have family I need to be able to travel for without any complications.

[Phillip Kazuto 28]

Definitely spousal visa route , it's easier imo and it may take longer time than k1 but you will be able to work upon arrival ,there are nothing to do beside waiting for green card and get ssn when you get to the states.

K1 is not any better if it is , it's that it will take less time to get you to the state but you'll have do adjustment of status once you are in US. K1 costs a lot more. And when you want to travel there will be a lot hassle.

You only choose K1 if you feel like you gotta be in the states quickly otherwise go with the usual spousal visa.

All in all , if i were to choose between the 2 routes i'd definitely choose IR1/CR1 , disregard K3 it's obsolete now.

[N-o-l-a 7,167]

CR1, for the following reasons:

Immediate rights to work and travel

Protects the immigrant against financial or abuse issues that would prevent a spouse from filing for their adjustment of status that is required with using a K1 visa

Protects the immigrant against fiancés who change their minds about getting married after the intending immigrant has already moved to America

[j&ana 363]

Does Japan offer DCF filing,?if they do that will be the best and fastest. I chose the IR-1/CR-1 visa, as the K-1 visa is not that much faster compare to benefits of doing the IR/CR-1. CR-1 cost less, the beneficiary is a legal resident right away. They can go to work almost right away. The only advantage I see in doing the K-1 visa is that it is slightly faster. you have to do file adjustment of status later. with the K-1

[Vin&Rachel 7]

thanks for the reply guys,

The only thing we are really concerned about is getting married here in Japan within the next couple of months and then getting reflagged for doing the VISA forms quite quickly after our small wedding, (which it would be as all our friends and family are overseas).

Being out of work isn't an issue for me as I have a lot of money saved and I she is literally the only reason I am moving to the states so if It didn't work out I would go home anyway, we have lived together for two years though so its highly doubtful. Im still exploring both options though, its just the biggest negative noted by people so far is being out of work for a few months which isn't a problem in my situation and as Ill be able to do AOS with the K-1 then we could have a better wedding which is higher on my list atm.

@j&ana, Ill look into DCF too, thanks for that

[j&ana 363]

thanks for the reply guys,

The only thing we are really concerned about is getting married here in Japan within the next couple of months and then getting reflagged for doing the VISA forms quite quickly after our small wedding, (which it would be as all our friends and family are overseas).

Being out of work isn't an issue for me as I have a lot of money saved and I she is literally the only reason I am moving to the states so if It didn't work out I would go home anyway, we have lived together for two years though so its highly doubtful. Im still exploring both options though, its just the biggest negative noted by people so far is being out of work for a few months which isn't a problem in my situation and as Ill be able to do AOS with the K-1 then we could have a better wedding which is higher on my list atm.

@j&ana, Ill look into DCF too, thanks for that

I do not think filing right after the wedding will cause any concerns. A lot of members on here have file right after they got married. I filed after 5 months which is not that long. I would of file sooner, but I had to take care of some things first.

As long as you got good evidence you will be ok

The only time it might be a problem if you was doing the visa for a high fraud country. I do not think Japan is consider as one

Even if you did the official wedding in Japan, you could still do a second wedding( renewing of vows) for all your family and friends here

Edited January 19, 2015 by j&ana

[j&ana 363]

I do not think filing right after the wedding will cause any concerns. A lot of members on here have file right after they got married. I filed after 5 months which is not that long. I would of file sooner, but I had to take care of some things first.

As long as you got good evidence you will be ok

The only time it might be a problem if you was doing the visa for a high fraud country. I do not think Japan is consider as one

Even if you did the official wedding in Japan, you could still do a second wedding( renewing of vows) for all your family and friends here

If Japan allows DCF that will be the best route to go .Most people including me are not able to do the IR/CR-1 visa that way, as it requires you to be living in the other country.

After researching it a little. It looks like Japan does allow DCF filing, that would be your best option. You will have to show domicile in USA and income requirement or use joint sponsor. After reading your posts. I do not think you will have a problem with the two requirements.

Edited January 24, 2015 by Ryan H

[N-o-l-a 7,167]

Japan does not allow DCF filing.

Many countries disallowed it in August of 2011. Japan was one of them. If the country does not have a USCIS field office, they do not have DCF.

[Ontarkie 14,231]

We did the K1. I have kids from a previous marriage, their age played a part in what visa we went after. As we didn't know how long this would take or if my ex would pull any stunts the K1 protected us better. I didn't have to worry about the oldest aging out. I didn't have to worry about any complications that being married before my move could create with my ex.

[SimonBelgium 49]

1. If the USC does not live in the US at the moment, K1 is impossible. For USC abroad, the only option is CR-1

2. If you marry in Japan, just have the marriage certificate translated and legalised. They even may have an international version !

3. CR-1 is a lot easier than K-1 if you look at the whole picture. This is why we went for CR-1, as well as being able to work pretty much right away after arrival

4. Do not forget, the USC must file US tax returns for the last 3 years, even when living abroad ! Without this, any family-based visa is impossible, even with a joint sponsor.

[Vin&Rachel 7]

1. If the USC does not live in the US at the moment, K1 is impossible. For USC abroad, the only option is CR-1

2. If you marry in Japan, just have the marriage certificate translated and legalised. They even may have an international version !

3. CR-1 is a lot easier than K-1 if you look at the whole picture. This is why we went for CR-1, as well as being able to work pretty much right away after arrival

4. Do not forget, the USC must file US tax returns for the last 3 years, even when living abroad ! Without this, any family-based visa is impossible, even with a joint sponsor.

I just contacted the US/Japan embassy and they said that this isnt the case.

My fiance has all her taxes done and documented and we have a co-sponsor ready to fill out the I-134 if its needed. I am contacting USCIS to confirm what the embassy has said either way, ill update you when I hear back from them.

Quote from the embassy chat:

15:49Vincent Hill: Have you had K-1 visas issued at the US embassy in Japan for two non-Japanese people before? I just want to know if its possible

15:51Gladys .: Yes, each applicant has the right to apply at any U.S. Embassy or Consulate which processes non-immigrant visas or immigrant visa worldwide.

[SimonBelgium 49]

Quote from the embassy chat:
15:49Vincent Hill: Have you had K-1 visas issued at the US embassy in Japan for two non-Japanese people before? I just want to know if its possible

15:51Gladys .: Yes, each applicant has the right to apply at any U.S. Embassy or Consulate which processes non-immigrant visas or immigrant visa worldwide.

Yes, they will issue K-1 for you, but the USC must live in the US. (unless this changed). The idea is that you move to the US to live there, if the USC does not live in the US, there would be no reason for you to live there. You are also required to provide the US residence details of the USC.

As it is not uncommon for USCs to live abroad, USCs who have married an alien at that time are allowed to bring their foreign spouse to the US while moving there together. Hence CR-1 is possible in this scenario.

[Vin&Rachel 7]

Quote from the embassy chat:

15:49Vincent Hill: Have you had K-1 visas issued at the US embassy in Japan for two non-Japanese people before? I just want to know if its possible

15:51Gladys .: Yes, each applicant has the right to apply at any U.S. Embassy or Consulate which processes non-immigrant visas or immigrant visa worldwide.

Yes, they will issue K-1 for you, but the USC must live in the US. (unless this changed). The idea is that you move to the US to live there, if the USC does not live in the US, there would be no reason for you to live there. You are also required to provide the US residence details of the USC.

As it is not uncommon for USCs to live abroad, USCs who have married an alien at that time are allowed to bring their foreign spouse to the US while moving there together. Hence CR-1 is possible in this scenario.

As i said Ill report back once I get an answer from the USCIS and see what they say, its just that you're the first person to mention that the K-1 would be impossible for me and my partner to get just because she's out of the country. My Fiance still files her taxes the same as people in the states, we both have jobs lined up for after my AOS and we have a backup financial sponsor, it would be kind of silly if they didn't allow it. The biggest thing though is that I've yet to see this disclaimer on all the sites and forums of any warning that the USC must reside in the US to apply for the K-1, thats a pretty huge point to miss on all the government websites, especially the embassy sites.

Im just hoping it has changed from what you say, I would prefer a nice wedding with our families and for us to settle down instead of having to get married in a registry office over here to then go through a 10-14 month ordeal before we got over there to settle down- the wedding is most important and we cant afford to go back and forth for a wedding on a visitor's visa, back to Japan, then then fly back again after visas and shipping belongings.

[Vin&Rachel 7]

Dear Sir/Madam:

You can mail the Form I-129F from Japan. The form, filing instructions and mailing address are located on the USCIS website at www.uscis.gov/i-129f. There are no special requirements for petitioners residing outside the United States.

Respectfully,

USCIS Seoul Field Office