Way for SO to return to home country and come back to US

[zrosenbl 0]

Greetings,

I apologize if a similar topic has been posted, but I looked around a bit and couldn't find anything. My significant other has been in New York for almost a year on a J1 visa. Her visa is due to expire at the start of July. We were originally planning on getting married and filing for permanent residence shortly thereafter, allowing her to get travel permission to legally return home to Japan to see her family and come back to the US with no issues. (She has a family member who is sick.)

Recently, however, her family member's situation has deteriorated. We're wondering what the best, fastest way would be for her to be able to go home and then legally return to the US. I would appreciate any insight, as time is of the essence.

[Unlockable 7,315]

Unfortunately, it is not likely to happen fast for a spouse visa. Immigration and visas take a long time.

Even if you marry here, once she leaves she will have to wait until the spouse visa is approved to return, which is about 12 - 14 months.

Best option is for her to return to Japan and you file a K1 visa. Actually you can get the K1 visa material started now. She returns home and visits family members. If all is well with your K1, then it should be approved in 6 - 9 months.

[Elf 146]

If she is not subject to the 2-year home residency requirement under her J-1, the fastest option is probably to get married and file for AOS, then apply for Emergency Advance Parole if she needs to travel to Japan to see a critically ill family member before she receives the regular EAD/AP. The regular EAD/AP combo card is usually received within 90 days of when USCIS receives the AOS application (longer if there are RFEs),

What she absolutely should not do is marry and apply for AOS then leave the country before receiving either Advance Parole or Emergency Advance Parole. She would be deemed to have abandoned her AOS application and would have to start from scratch with an application for a CR-1 spousal visa.