Japanese girlfriend on work visa

[k0olmini 0]

My girlfriend from Japan is currently here on a work visa R/E2 (Visa type/class). We want to get married but are unsure about the steps we need to take. The biggest question is can we get married when she is on that kind of visa or does she need to go back to her country and apply for a fiance visa? Thanks everyone!

[geowrian 22,337]

Options:

1. Marry while she is already in the US and then file for AOS. Guide: http://www.visajourney.com/content/i130guide2. ETA: ~4-12+ months, but expect closer to 8-12 with most offices.
2. Marry (anywhere, including the US), then file for a CR-1 visa. Guide: http://www.visajourney.com/content/i130guide1. ETA: ~12-14 months.
3. Don't marry yet and file for a K-1 visa. Guide: http://www.visajourney.com/content/k1guide. ETA: ~9-12 months.

There's pros and cons to each option. Option #2 is the cheapest and provides the most benefits right away, but also takes the longest. Option #1 does not require her to return to Japan.

[nightingalejules 678]

It looks like it is possible to adjust status from an E2 visa.

[k0olmini 0]

3 minutes ago, geowrian said:

Options:

1. Marry while she is already in the US and then file for AOS. Guide: http://www.visajourney.com/content/i130guide2. ETA: ~4-12+ months, but expect closer to 8-12 with most offices.
2. Marry (anywhere, including the US), then file for a CR-1 visa. Guide: http://www.visajourney.com/content/i130guide1. ETA: ~12-14 months.
3. Don't marry yet and file for a K-1 visa. Guide: http://www.visajourney.com/content/k1guide. ETA: ~9-12 months.

There's pros and cons to each option. Option #2 is the cheapest and provides the most benefits right away, but also takes the longest. Option #1 does not require her to return to Japan.

So for option 1 or 2 after we get married can she leave her job or does she still need to work until the paperwork for AOS or CR-1 go through?

 

[geowrian 22,337]

2 minutes ago, k0olmini said:

So for option 1 or 2 after we get married can she leave her job or does she still need to work until the paperwork for AOS or CR-1 go through?

Option 1 will prevent her from leaving (or more specifically, returning tot he US) until she obtains AP. She can file for that at the same time as AOS. ETA: ~4 months for AP.

Once she files for AOS, she is granted authorized stay. She can quit her job at any point then and remain in the US while the case is pending. She cannot work in violation of her current status until she obtains an EAD. This is filed alongside AOS as well, and takes ~4 months currently, too (it's usually a combo card for AP + EAD). The instructions are in the guide. EAD: I-765, AP: I-131

NOTE: She cannot leave the US and then return with intent to file AOS....so this is basically a one-shot deal. It's fraud to enter with intent to AOS, but she is already in the US so it's allowed here.

 

Option 2 doesn't directly impact her current visa. She can continue whatever she's doing now in accordance with her visa. CBP may have higher scrutiny of her ties to return home during POE, but many people continue to use their current, valid visa while going through the process.

[k0olmini 0]

39 minutes ago, geowrian said:

Option 1 will prevent her from leaving (or more specifically, returning tot he US) until she obtains AP. She can file for that at the same time as AOS. ETA: ~4 months for AP.

Once she files for AOS, she is granted authorized stay. She can quit her job at any point then and remain in the US while the case is pending. She cannot work in violation of her current status until she obtains an EAD. This is filed alongside AOS as well, and takes ~4 months currently, too (it's usually a combo card for AP + EAD). The instructions are in the guide. EAD: I-765, AP: I-131

NOTE: She cannot leave the US and then return with intent to file AOS....so this is basically a one-shot deal. It's fraud to enter with intent to AOS, but she is already in the US so it's allowed here.

 

Option 2 doesn't directly impact her current visa. She can continue whatever she's doing now in accordance with her visa. CBP may have higher scrutiny of her ties to return home during POE, but many people continue to use their current, valid visa while going through the process.

Thank you so much for all this information. I'm still a little new to the lingo so I don't know what 'AP' is. To clarify what you are saying:

• It takes about 4 months for AP and AOS, they can be filed together
• Once she files for AOS she can quit her job and she won't have to worry about being forced to leave the country
• To be on the safe side, she should not leave the country, even if she already filed for the AP/AOS

An extended question, are there any guidelines that are different state to state? We live in California

[k0olmini 0]

After re-reading what you said, I just need clarification on that one part. If she decides to continue working at her current job (the one that provided her the visa) while her AP/AOS are pending will that violate any rules?

[OldBritAbroad 15]

AP is Advance Parole, essentially permission to leave and re-enter the US whilst her application for AOS is being adjudicated. Normally people file for this and the Employment Approval Document (EAD) at the same time as for AOS, since there are no extra fees as there would be if they were filed for separately. She CANNOT leave the country without AP in hand unless she has a valid visa, though once the AOS application has been filed it may well be assumed by CBP that she has immigrant intent and her visa revoked. So basically don’t do this.

 

Immigration matters are a federal responsibility, States have no bearing on the matter.

[OldBritAbroad 15]

7 minutes ago, k0olmini said:

After re-reading what you said, I just need clarification on that one part. If she decides to continue working at her current job (the one that provided her the visa) while her AP/AOS are pending will that violate any rules?

I’m not an expert, but I don’t think so.

[geowrian 22,337]

55 minutes ago, k0olmini said:

Thank you so much for all this information. I'm still a little new to the lingo so I don't know what 'AP' is. To clarify what you are saying:

• It takes about 4 months for AP and AOS, they can be filed together
• Once she files for AOS she can quit her job and she won't have to worry about being forced to leave the country
• To be on the safe side, she should not leave the country, even if she already filed for the AP/AOS

An extended question, are there any guidelines that are different state to state? We live in California

An explanation of AP is provided above, thanks.

The suggestion, if doing option #1, is to file for AOS + AP + EAD together. AP will allow her to exit and re-enter the US. The EAD lets her work in the US. Those each take about 4 months to obtain. AOS itself will grant a green card after approval, but expect it to take the better part of a year.

Once she files for AOS, termination of her current employment will not cause her to be unlawfully present in the US. She can remain while the case is pending.

Once AOS is filed, do not leave the US until AP (or the green card) is obtained. Doing so will abandon the AOS application and likely not allow her to be permitted back in without a CR-1/IR-1 visa (option #2 in  my original post).

 

The only state-specific aspects are the requirements to marry. Everything else is federal.

 

As a heads up, she would need to file for Removal of Conditions (ROC) within 90 days of the 2 year anniversary of getting the green card. It's obviously not an immediate concern, but I'm just throwing it out there. All 3 options would likely result in this (it's based on whether or not you were married for 2+ years at the time you become a green card holder).

 

Edit: For reference, if she doesn't have anything compelling her to go home for the next ~4 months, option #1 is probably the best one. It depends on what you guys want/don't want most, but generally people would go for option #1.

Edited January 24, 2018 by geowrian

[k0olmini 0]

Perfect. Thank you so much everyone. Final question because I realized I am dumb. Does this paperwork allow us to get married or does it need to go through first then we can get married?

[geowrian 22,337]

6 hours ago, k0olmini said:

Perfect. Thank you so much everyone. Final question because I realized I am dumb. Does this paperwork allow us to get married or does it need to go through first then we can get married?

For AOS (or a CR-1 visa), you must be married before you can file. One of the required items to send in is a certified copy of the marriage certificate. There's no immigration-related paperwork to get married (it's a state issue)...just get a marriage license and go.

[k0olmini 0]

 

Old form it is getting closer to the day so now I have some follow up questions. After we get married we file for AOS + AP + EAD and she needs to wait for at least AP to go through before she attempts to leave the country. Now in the midst of all this what paperwork will she need to from Japan? I ask this question because if she needs paperwork from Japan within a certain time frame it would be difficult to get seeing as she can't leave the country until her AP is approved.