I 130 question 22

[jeffkino 0]

New so sorry if this is a stupid question.. Anyway ,, brief background... My soon to be wife is from Japan,, currently lives with me in Hawaii.. Been dating 2 years and living together for over 6 months.. She was/is here on a student Visa,, is currently going to start a required internship for this degree and just received a Visa to work 1 year here...

So , I looked at the example filled out forms,, 129 and 130,,, my question is ???? If she is currently living in the USA ,, would she have to fly back to japan for the consulate interview? or if Honolulu has some related type office, could she do it here?? Or some other place in the USA, like California, if Honolulu didn't have such an office.. My guess would be , Honolulu may have such an office since its full of immigrants..

If anyone has an answer, Thank you,,

Hopefully my question was clear enough

[NikLR 13,232]

Why not adjust her status since she is here? Otherwise yes she would have to interview in Japan.

http://www.visajourney.com/content/i130guide2

[jeffkino 0]

• Thank you for the very quick response..

Im very ignorant about the process , but have been trying to educate myself... I "thought" adjustment of status was for after you did this whole paperwork process.. Meaning ,, if married,, fill out the paperwork,, wait (X) amount of time ,, get approval,, then she could "stay" in the USA,, then after this process,, adjust status....

Her temporary work VISA is good for another 11 months,, but she's already been living here over 2 years,, and she was asking some people how long it took them from time of filing to approval,, which was like 6 months for Japanese.. so if this is so,, she would still be in the USA working..

Again , Im ignorant,, but I believe from reading timeline things,, "adjustment of status" seems to be listed after going to the consulate and getting approval..

I suppose our situation may be different from the norm ,, but Im guessing its not a unique one..

Thanks again for your response..

[NikLR 13,232]

No the whole CR1 process is about a year. Longer for high fraud countries.

Adjustment of status is what you do when you're in the US on a type of visa or VWP, and want to change to permanent residence. If she wants to stay in the USA as your wife and a permanent resident without worrying about continuing to get a work visa, I suggest the AOS. You can obviously chase the regular CR1 visa but she would need to have a medical and interview in Japan. That reeasyuires turning over her passport until the visa is issued. Travel would be impossible until then.

[NikLR 13,232]

Here is an easy spouse guide for the CR1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Edited February 14, 2016 by NLR

[jeffkino 0]

Thank you,, will look into AOS thing... The 6 month time frame came from people she knows who did the whole VISA process.. Which maybe they did Fiance one , which from my understanding takes less time.. The people she knows , from Japan ,, said its really quick..

You seem very knowledgeable,, so let me ask another question,,,, So,,,, I would just fill out all the normal paperwork that everyone has to,,,? And is there something I either would have to or would not have to fill out (paperwork) in this situation.? .. Her already in the USA under a F 1 Visa .. We planning on getting married April 2,, and I guess filing right after that,, And her Visa runs out end of January 2017 and she can legally stay another 60 days after that,, So going on information from people she knows, about how long it took them,, we guessing she will still be here when approval comes through,, and if we can just go down the road 3-4 miles from our house ( the main federal building) that would be nice, VS. her going back to Japan,, quitting her job , not being allowed to fly back until approval etc..

Thanks for pointing me in a direction so far

[NikLR 13,232]

During a natural disaster it would be or doing DCF it would be but not in your situation. My case was quick at 8 months.

Follow the guide I posted. It will lead you. Also Im going to move your post to the AOS forum where you can ask any questions you need.

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~~moved to AOS from Work, Tourist, or student visa from IR1/CR1 process and procedures~~