VISA process for foreign national on travel VISA

[EandH0904 1,184]

Why not just DATE for awhile? Then you can both come and go as you please while figuring out all the technical mumbo jumbo 

[nickinhawaii 4]

1 minute ago, EandH0904 said:

Why not just DATE for awhile? Then you can both come and go as you please while figuring out all the technical mumbo jumbo 

Very true.  The biological clock is in play, but definitely not "rushing" just because of that.  I understand the implications, and even if I do not fully understand all of them like being financially responsible for 10 years, I'm willing to accept the possible bad for the good.

 

Just throwing his out there, what if she gets pregnant while in the US, humor me please.

[geowrian 22,338]

2 minutes ago, nickinhawaii said:

Very true.  The biological clock is in play, but definitely not "rushing" just because of that.  I understand the implications, and even if I do not fully understand all of them like being financially responsible for 10 years, I'm willing to accept the possible bad for the good.

 

Just throwing his out there, what if she gets pregnant while in the US, humor me please.

Knowing your options is good.

 

It means she will probably give birth in approximately 9 months. It won't change the immigration path or make it any faster.

Edited October 2, 2017 by geowrian

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[nickinhawaii 4]

39 minutes ago, Dee elle said:

Make sure you can get health insurance coverage for her and the pregnancy. 

Moving from 2 to 3 is a big challenge at any time in a relationship.... more so when tbe relationship has not had time to deepen and be tested by life.. i understand biological clocks but i am sure both of you want a succesful, long term relationship and a child early on in the relationship can bring challenges to a relationship that can  break even great relationships apart... 

True true, that's important!

 

I looked up some stuff and have a few questions.  If she is on a tourist VISA now, can she sat until 90 days while applying for K1?  Then say we are still applying for K1 and she leaves after 90 days.  Can she come back at all?

[Merrytooth 5,748]

4 minutes ago, nickinhawaii said:

True true, that's important!

 

I looked up some stuff and have a few questions.  If she is on a tourist VISA now, can she sat until 90 days while applying for K1?  Then say we are still applying for K1 and she leaves after 90 days.  Can she come back at all?

She can visit US during the K1/CR1 visa processing.

 

As a Japan citizen, I am assuming she is using VWP (90 days) to enter US, not Tourist Visa (B1/B2).

[Boiler 46,299]

4 hours ago, geowrian said:

One other item to just be aware of in the process....you will be financially responsible for her for up to 10 years (even if you divorce).

There is no time limit and no 10 years.

[geowrian 22,338]

11 minutes ago, Boiler said:

There is no time limit and no 10 years.

True...the person technically could choose not to seek employment and not have a spouse that works either. The line was for the sake of brevity, but the full rules, for the OP to see, are:

"Your obligation to support the immigrants you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

 

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation."

[merc0230 28]

My mom and step dad married after only knowing each other for 2 months and they have been married for over 30 years. This was second marriages for both of them and they both knew what they wanted out of life. They have now been married for over 30 years, so it does happen. 

 

As to your immigration question - why not wait until the last week of her 90 days and then marry? That will give you almost 3 months together and you can gather your documents and be prepared to file during that time. Once married, file for her. Any overstay is forgiven with the marriage to a USC. IF things don't work out as long as she goes home before her 90 days, then she doesn't risk her B2 visa for future visits to the US. 

[nickinhawaii 4]

1 hour ago, merc0230 said:

My mom and step dad married after only knowing each other for 2 months and they have been married for over 30 years. This was second marriages for both of them and they both knew what they wanted out of life. They have now been married for over 30 years, so it does happen. 

 

As to your immigration question - why not wait until the last week of her 90 days and then marry? That will give you almost 3 months together and you can gather your documents and be prepared to file during that time. Once married, file for her. Any overstay is forgiven with the marriage to a USC. IF things don't work out as long as she goes home before her 90 days, then she doesn't risk her B2 visa for future visits to the US. 

Thanks so much for that, we were just saying this last night.  Wait a few months to get close to the 90 days to in a way make sure and then the appearance of the relationship is more genuine and easier to "prove".  It means a few more months of not being able to go home, but her family can more easily come here in the next few months I stead of the next few weeks, we can also travel to the mainland to see mine as well.

[Dianalorena 1,153]

Gotta love Visajourney.  It's good to also have the opinion of people who are thinking with their heads and not their hearts and see the bigger picture. At least I find it helpful. 

 

I know that it is technically an immigration forum, but making life choices,  especially one this fast, that impacts our lives and the lives of others, plays a huge part in the process. Every day I see people that claim to be in love after a few days/weeks and it usually ends in a nasty and complex divorce. Or worse, they're being played for immigration purposes.  I am not saying any of this is your case, OP. No judgment being passed here, I know how powerful love can feel, especially when it's new. But it is good that you take a moment to think if this is the right move for you, or you'd rather wait a bit longer to get to know someone.

In my experience, we are all wonderful, magical humans at the wooing stage. But we are all human after all, with not so wonderful habits, quirks, flaws, insecurities, and pet peeves that become more evident a few months down the road. It is usually a good call to wait to see if our relationships can survive beyond common interests and chemistry. 

 

We should have a section called: ''Love doctor: advice for smart life decisions and a trouble-free immigration path'' or something like that. 

 

[Pennycat 880]

Your options basically are:

 

You do not marry. She goes home, unmarried, you apply for fiance visa (K1). She can visit during the visa processing. When she moves, you'll need to marry and adjust status, she won't be able to leave the US or work while this is processing.

 

You marry. She goes home, already married, you apply for spouse visa (CR1). She can visit during the visa processing. When she moves, she'll have green card in hand and can leave the US and work on Day 1.

 

You marry. She stays, you apply for adjustment of status (AOS). She cannot leave the US or work while this is processing. 

 

There's no other path. You'll either need to remain in the US until her work/travel authorization comes through (4 months on average now I believe), or go through the CR1 visa process (or K1 visa process which does not sound like a path you want to take).

 

As an aside-- I would very seriously consider slowing down. If she has the ability to fly  back and forth (which it sounds like she does, as her ability to leave/come back to the US during this process is a chief concern of yours), and you can and want to visit her in Japan (also sounds like you do), giving this a bit more time will only improve things. 

[David & Diana R 1,005]

22 hours ago, nickinhawaii said:

Aloha

 

I figure every case is different, sorry if there is an older topic about this.

 

I met a Japanese foreign national while she was traveling in the United States.  To keep things short, I want to marry her.  She still had say 10 weeks left on her 3 month tourist VISA.  What is the best way to go about this?

 

I did read that since I did not meet her before she came here we can prove that she did not come here with the intention of getting married, this not VISA fraud.

 

Say we get married in the United States in 2 weeks or even 1 month, would she still have to leave for a period of time?  How would all of this work?  Is it better to marry in Japan?  The questions in my head are endless right now!

 

Any help would be awesome, the more I read the more complicated the process looks!

 

Mahalo

Nick

Nick,  All these doom and gloomers.  I will share my experience.  On July 28, 2012 I met my now-wife on a dating website, just 10 days after my first marriage divorce was finalized by the court.  On September 15, 2012 we met in person for the first time in the Philippines.  On September 18, 2012 I proposed and we were married on September 22, 2012.  We had a huge age difference.  My personal opinion is many of the people on this site are jealous that you can marry and your wife will then stay.  There is no immigration fraud.  You had not even met her  prior to her entering the US.  No problem.  People fall in love very quickly sometimes.  Ours was a whirlwind romance.  But I knew she was "the one" when I met her in person and looked into her beautiful brown eyes.  I'm sure many people thought I was crazy but we've been married for 5 years now and we have a beautiful 6 month old baby girl named Heavenly Joy.  My wife is already a US citizen and is doing so well here in Hawaii. She works full time and attends college part-time to further her career.  My wife did not even have a birth certificate when I met her.  I guess the point I am making is these "red flags" can be overcome.  Part of that is a genuine relationship.  If you feel that you are truly in love go for it!  You may never have this chance again.  Dismiss the people here who are trying to scare you.  Follow your heart.  Good luck and most importantly God Bless. 

Aloha Ke Akua,  david    P.S.  We live in Wailuku on Maui.  Where do you live?