Do we need a K1 visa?

[puppetz_merve 0]

Hi. My fiance is in Navy and currently stationed in Japan. He has about 2 years left in Japan.  We would like to get married and then live together till his time in Japan finished and move to US after. 

To be able to get married in USA do we need to apply for a K1 visa? After getting a K1 visa and getting married in USA, can i leave USA and live in Japan? Or do i need to spend certain amount of time in US?

Or since we wont live in US after getting married for a while, should we marry in Japan and when our time is close apply for a green card and not apply for a K1? Is that the better way to go in this situation.

 

 

[Peot 161]

Are you also from Japan? If that's the case, why not get married now and file for adjustment of status? CR-1 visa is the route you would take. In fact, whether he's living in the US or not doesn't matter and you should be able to begin filing for that right away once married. After about 13 months you both would be able to legally move to the US and live together.

 

If you go the K1 route, you could not leave the US until you adjust status to permanent resident, otherwise your K1 visa expires and you would not be permitted to live in the US.

It just doesn't make a lot of sense (to me) to go this route if you do not intend to live in the US for upwards of 2 years.

 

If I were you, I'd get married now, wherever you want to, and live together in Japan which I assume you both can legally do. File for CR-1 after marriage and go from there.

Edited July 28, 2017 by Peot

[f f 725]

you do not need a k1 to get married in the us. you can get married on vwp. as for moving to the us after you can do the cr1 route or dcf if Japan offers it or since he is in the military you may be able to do it now but live with him in Japan since he is stationed there.

 

good luck

[JFH 12,190]

No, you don't need a K-1 to get married in the USA if you don't intend to live here yet. I assume you are eligible for the VWP? You can come here on that and get married and return to Japan. 

[JFH 12,190]

*~*~*moved from "K-1 fiance visa process and procedures" to "what visa do I need?" OP is still exploring the options*~*~*

[puppetz_merve 0]

Sorry i forgot to mention. I am from Turkey. I have a tourist visa for USA but thought it might be a problem if i go with a tourist visa to USA and get married there. 

[Crazy Cat 41,894]

6 minutes ago, puppetz_merve said:

Sorry i forgot to mention. I am from Turkey. I have a tourist visa for USA but thought it might be a problem if i go with a tourist visa to USA and get married there. 

In which country do you current live?

[Coco8 1,042]

8 minutes ago, puppetz_merve said:

Sorry i forgot to mention. I am from Turkey. I have a tourist visa for USA but thought it might be a problem if i go with a tourist visa to USA and get married there. 

No, if you don't want to move immediately to the US, then you don't need a K1. You should take evidence that you are not planning to move to the US (like normal ties to your country of residence like a job and even a letter saying your fiance has 2 years more left in Japan). 

 

Before he is going back to the US, if you want to move to the US, you have to apply for an IR1/CR1. Normally, IR1/CR1 takes 12-14 months. If you live in Japan you might be able to do direct consular filing which means the consulate does everything for you and the process is much faster. Your fiance should call the embassy to see if they would allow him to do that for you (if you live or moved to Japan for the remaining 2 years) and how long it would take.

Edited July 28, 2017 by Coco8

[puppetz_merve 0]

1 minute ago, missileman said:

In which country do you current live?

I am currently living in Turkey. 

[Crazy Cat 41,894]

and one more thing......Your fiance might want to talk to his base Judge Advocate office.  They should have all the immigration info as it applies to active duty military.

[Cyberfx1024 7,980]

I hate to tell you guys but if he is based in Japan either in Oki or Mainland Japan on unaccompanied orders that DOES NOT change if he gets married. It would be different if she ALREADY lived in Japan and got married to him. But they can not get married and just automatically change his orders which would be very hard to do if he is junior enlisted. Also if he is based on a ship in Japan then bringing her over to Japan is next to impossible with the military paying for it. If they have the money she could move there to be with him but they would have to pay for EVERYTHING and the military would not pay.

[Ryan H 3,812]

No DCF in Japan.