Help for a possibly unique situation

[AB&YO 0]

So here is our situation. We are a recently engaged couple seeking the best answer to our approaching dilemma. I am US born and my fiance is a Japanese National. She is here on a student Visa and recently obtained an OPT permit- Optional Practical Training, so she is able to stay here a year, post graduation, and has a permit to work. We are planning on getting married this year. As of now, our plan is to start the paper work now and have the ceremony in October. Does anyone have advice on how we should go about getting her green card etc. I have checked the Visa options and it seems like K3 is the right way to go since she is already here however I don't know if there is a better way to go about it since she has a current visa, is already living in the US and we haven't actually married yet. Any help or website with information on this type of situation would be greatly appreciated. Thank you, if you have any questions that could help you answer, please ask, i'll be checking back regularly.

Another thing to consider, we are considering moving to Japan for a few years at the end of this year, does this complicate the problem - I'm guessing it does.

Thanks.

AB&YO

[JenT 0]

A K3 visa is for bringing a spouse into the US. Since she is already here, that would be worthless. You'll need to file for an adjustment of status after you have married and she will become a permanent resident with conditions. You can file to remove conditions after two years.

If you marry in October and file for AOS in November, you can expect 3-4 months for processing before she gets her green card.

If you move, you will be abandoning the AOS application and THEN you would have to file to bring her in as a K3 when you were ready to come back.... expect that to take about 6 months.

[Niels Bohr 72]

She may be able to file for Adjust of Status from Student Visa. This may expedite her ability to become a permanent resident of the United States. I hope this helps.

The Guide tab above is the first thing that should've been read.

[AB&YO 0]

Ok, thanks for the Info Jen T, now my question is, if we marry now, and apply for the change, do you think we can get the greencard status within the 6 months? Once we have that, is it ok to leave the country for a few years and keep the process going? Might we have to return for a meeting or something? Anymore info, this is very helpful. Thank you.

[Niels Bohr 72]

Once you get the green card, you must file for a Re-Entry Permit which is similar to a passport. This will allow her to leave, and re-enter the country. However, I think the re-entry permit only allow 2 years to stay abroad. When you re-enter the USA, I suggest that you immediately file for Naturalization so that you get a US Citizens Passport that expires every 10 years.

Oh, to answer the first question. It's less than 6 months to get a green card. And, once the green card is obtained there's no process required except to file form N-400 for Naturalization. That's the last step.

Edited February 20, 2007 by consolemaster

[meauxna 15]

When you re-enter the USA, I suggest that you immediately file for Naturalization so that you get a US Citizens Passport that expires every 10 years.

Not quite.

Naturalization is the process of becomming a US citizen; it's a big step and no one is required to do it.

However, a new Permanent Resident who has been married less than 2 years will have conditions on their status, and will need to file another form 2 years later. That is what produces a 10- year validity Green Card.

Only US citizens can hold US passports, and someone who has been living outside the US probably doesn't qualify to apply for naturalization.

In fact, a Permanent Resident who is not a resident of the US may find that they are no longer a Permenant Resident.

I'd encourage the OP to do a LOT more research, and decide where they are going to live before they file anything.

[MPGGPM 0]

Ok, thanks for the Info Jen T, now my question is, if we marry now, and apply for the change, do you think we can get the greencard status within the 6 months? Once we have that, is it ok to leave the country for a few years and keep the process going? Might we have to return for a meeting or something? Anymore info, this is very helpful. Thank you.

I think one thing you also need to consider is that the 6 months mentioned to you is if everything goes smoothly , processes without any RFE's, and you have no delays.

But it's hard to predict such a thing. It's hard to predict whether you'll make an error on the application, or whether USCIS will request some further evidence from you. I don't think anyone who files really expects those things to happen..............but they do. More often than you'd think, as you'll find, the more you read these forums. And so, you also have to be prepared that it might drag out longer than 6 months, and with your schedule, you are really keeping a tight window. Any RFE from USCIS will set you back anywhere from weeks to months and delay your case.

It may not happen........it may. You just have to consider that as well, when you are planning your future. Your schedule doesn't seem so flexible.