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

[j&ana 363]

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.

oh ok I just research it real quick I did not know they disallowed it.

[NikLR 13,227]

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

International USCIS offices which may or may not do DCF and each has their own regulations on what the requirements are to do DCF.

[j&ana 363]

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 also think The Cr-1 visa is the easiest if you look at the whole picture. However the petitioner does not have to be living in the USA at time of filing the I-129f. They will have to show a USA address. Also proof that they plan on getting married in the USA and living in The USA. They will have to show USA income . They are not commenting any kind of fraud doing the K-1 visa that way, as there purpose is to come to USA get married and live here.

. IF they was to get married in japan and try to do the fiancé visa or have her come over on tourist visa to get married then that is different

Reading the op post it seems like he will be able to meet them two requirements.

yes him and a joint sponsor will each have to show income. He will not have to file taxes if he did not make enough to file I am not sure what the minimum require limit is for filing. In that case he will have to put 0 and have a letter explaining why he did not file. and the joint sponsor will have to show tax transcript

[NikLR 13,227]

if you're not required to file you write "not required to file" you do not write "0.00"

[j&ana 363]

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.

A person can file the I-129f living in another country, but they must show USA income and proof that they can establish USA domicile for the visa to be issue.

Most people does not do the K-1 visa that way, as they are not living in the same country as their fiancé

If not why would they list where to send forms when filing K-1 abroad on the USCIS website?

Edited January 20, 2015 by j&ana

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

I think it would be best to not offer up advice on matters that you are not very familiar with.

[j&ana 363]

I think it would be best to not offer up advice on matters that you are not very familiar with.

I think you should study the process more. just because most people do not file it that way. Does not mean it can not be done, that way

As from reading the op post it sounds like they have an address establish in the USA and USA income requirement, even with living in Japan they will meet the requirement.

The op already stated that he was told from someone at USCIS that he could do it way so apparently I am not the only one that thinks he can do it that way

Edited January 20, 2015 by j&ana

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

I think you should study the process more. just because most people do not file it that way. Does not mean it can not be done, that way

As from reading the op post it sounds like they have an address establish in the USA and USA income requirement, even with living in Japan they will meet the requirement.

The op already stated that he was told from someone at USCIS that he could do it way so apparently I am not the only one that thinks he can do it that way

I am aware of the ways it can be done, perhaps you misunderstood what I wrote?

[j&ana 363]

I am aware of the ways it can be done, perhaps you misunderstood what I wrote?

I met for current income he will put o and have a letter explaining why he did not file taxes. If that applies to them later when they do adjustment of status for the K-1 visa.

If they do the K-1 visa then they will do the I-134 first. it does not state you have to show tax statements. It state you have to show proof of income with a employment letter and pay stubs (or bank account if cash and assets is being use to meet requirement) . only if you are self employed do you have to show tax statement for the I-134 read the instructions

Later On the I-864 if they have a joint sponsor and they have no current income then they will put 0 for current income and if they did not have to file taxes then they will also need a letter explain why. However the op stated that his fiancé has been filing US tax returns.

Again read the instructions

Edited January 20, 2015 by j&ana

[j&ana 363]

I think it would be best to not offer up advice on matters that you are not very familiar with.

If you are referring to the DCF statement I made. I wrote after doing a quick research it looks like they offer it ( notice the words quick and looks like in that statement) no where in that statement did I state for a fact they did

[Vin&Rachel 7]

Hi guys,

Thanks again for the feedback. The help has been great so far, besides the confused info I have figured out so far:

-Japan does NOT have a DCF office so that`s out the window.
-I CAN however apply for the CR1/K-3(redundant)/K-1 visas from Japan.
-In regards to which Visa I am most interested in: The spousal visas take A. a long time to get into the states, (this isnt for anything visa related but it would be more ideal for us/loved ones to be together for our marriage) and B. its hard to come to terms with getting married for a year from a registry office before getting into the States to redo our vows 12-16 months after we have been married. C. We cant afford the $3000 to fly from Japan to the states to get married on a visitors to then return and file the CR1 to only then refly back to the states a year later. Because of these reasons, we are leaning towards a K-1.
-I have learnt that a USC CAN apply for a K-1 as a USC from outside of the country (Confirmed by the Japanese embassy and USCIS).
-In regards to proof of income: My partner still files her taxes and she has a job lined up for our return, as do I for when I do AoS. We will also have a ton of savings which will more than cover me until I am able to work, but to be safe beyond all this, we also have my mother-in law to be Joint-sponsor (If required). When I attend the interview I will have my savings records, my fiance`s savings, taxes and incomes with I-134 form and the same for her mother (the joint-sponsor), letter from future employer for both me and my partner all as proof of future employment too. <<< All of which would be in my initial packet sent from my partner as initial evidence too.

Thoughts?

Edited January 21, 2015 by Vinhill104

[NikLR 13,227]

Don't send all that stuff with the I-129F. It won't help you. Just send what is needed. Take the I-134 and evidence to interview.

[Vin&Rachel 7]

Should I supply any type of financial evidence in the Packet at all?
Im just a little concerned because the USC in this case isnt in the states.
I was thinking about just including a small letter/note in the back explaining our situation then I can provide the evidence at the interview that case

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

Should I supply any type of financial evidence in the Packet at all?

Im just a little concerned because the USC in this case isnt in the states.

I was thinking about just including a small letter/note in the back explaining our situation then I can provide the evidence at the interview that case

Doesn't matter. Lots of people file from abroad and the process is the same. You don't provide financial evidence until the embassy (or NVC if you are doing a standard CR-1). They are kind of considered separate issues in that your I-129F will be approved on the merits that you've filled everything out correctly, have provided proof you've met in the last 2 years, pass the background checks, and are free to and intend to marry. The K1 is approved based on the CO's impressions of your relationship, maybe some more background checks, and the financial documentation.