Help with K-3 Visa for my Japanese Spouse

[AlexJW 0]

Hello everyone,

 

This is my first time posting on this forum, and I'd like to thank you in advance for helping me with my inquiry. I am specifically looking for some help with the confusing process of applying for a K-3 visa for my Japanese spouse. I had a few questions which I will group by category below: 

 

Japanese Addresses

On all of the forms for the K-3 visa (I-130, I-130a, I-129f), I have been using "Part 9. Additional Information" of the form, as well as an attachment to write out all Japanese addresses. The reason I'm doing this is because the form doesn't fit well with the Japanese way of writing addresses. In each part of the form that asks for a street number and name (for example, 14a.) I write "see additional information" or "see attachment page x." I then leave the rest of the fields blank in that item number. Is it okay for me to do this, or would you recommend another way?

 

Fields that don't apply to me

On the I-130, I-130a, and I-129f forms, I am leaving the fields that don't apply to me blank instead of filling in N/A for everyone. The reason I am doing this is because the example filled out forms on visajourney.com show it this way. Should I keep it like this or would it be better to fill out N/A for each field?

 

Proof of a bonifide marriage        

My spouse and I have been together for seven years, have lived together for three years, and have been married for two years. As such, I am including pictures of us together throughout our seven year relationship, as well as pictures from our wedding, and a picture with us holding our marriage documents at the local city hall to serve as proof of our bonafide relationship. We will also have our koseki tohon, or family register certificate, and accompanying certified translation to serve as our marriage certificate and my spouse's birth certificate as per the directions from the Tokyo Consulate. Do you believe this is enough evidence for our proof of a bonifide marriage? If not, I'm not quite sure what else to include. We don't really have any other documents with both of our names listed...     

 

Copies of Documents and their Translations

Is it okay to provide one original certified copy of our marriage certificate (koseki tohon) and certified translation for the I-130, and then provide a copy of these forms for the I-129f? Or do we have to go through the process of paying for another certified copy of both documents again? Also, is it okay to use one koseki tohon to serve as both the marriage certificate and birth certificate, or is there some other elusive document that I must seek out so that I'm not killing two birds with one stone?

 

Fee for the I-129f 

Is there a fee for the I-129f? I seem to be getting conflicting information about this one. The K-3 visa process flow chart makes it sound like I don't need to provide payment for an I-129f because of the increase in cost for the I-130, but other immigration sources say it is a $535 fee. 

 

Thank you very much for your help. Visajourney has proven to be an invaluable source of information for me. 

 

Alex

[Roel 7,192]

K3 doesn't exist pretty much.

 

File for cr1 visa. And you don't have to bother with any i129f forms. 

 

You can find a guide for cr1 visa (i130) in the guides section. 

[GreatDane 366]

Agreed. There were only like 13 accepted last year. Save yourself time and effort - file CR1.

[Ryan H 3,812]

***Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.***

 

**Moderator hat off**

 

My answers in bold and red:

19 hours ago, AlexJW said:

Japanese Addresses

On all of the forms for the K-3 visa (I-130, I-130a, I-129f), I have been using "Part 9. Additional Information" of the form, as well as an attachment to write out all Japanese addresses. The reason I'm doing this is because the form doesn't fit well with the Japanese way of writing addresses. In each part of the form that asks for a street number and name (for example, 14a.) I write "see additional information" or "see attachment page x." I then leave the rest of the fields blank in that item number. Is it okay for me to do this, or would you recommend another way?

Just write see attached on the I-130 forms and write out the complete address on a supplemental sheet; not an issue.  As already mentioned, don't bother with the I-129F.

 

Fields that don't apply to me

On the I-130, I-130a, and I-129f forms, I am leaving the fields that don't apply to me blank instead of filling in N/A for everyone. The reason I am doing this is because the example filled out forms on visajourney.com show it this way. Should I keep it like this or would it be better to fill out N/A for each field?                                                                                                    

It's not necessary to write "N/A" in every field.

 

 

19 hours ago, AlexJW said:

 

Proof of bonifide marriage        

My spouse and I have been together for seven years, have lived together for three years, and have been married for two years. As such, I am including pictures of us together throughout our seven year relationship, as well as pictures from our wedding, and a picture with us holding our marriage documents at the local city hall to serve as proof of our bonafide relationship. We will also have our koseki tohon, or family register certificate, and accompanying certified translation to serve as our marriage certificate and my spouse's birth certificate as per the directions from the Tokyo Consulate. Do you believe this is enough evidence for our proof of a bonifide marriage? If not, I'm not quite sure what else to include. We don't really have any other documents with both of our names listed...    

To dispatch with the semantics first, you are sending "evidence" with your package, not "proof".   As to your question, evidence of time spent together in-person is your strongest evidence; what you have listed are examples of evidence of time spent together in-person.

 

Copies of Documents and their Translations

Is it okay to provide one original certified copy of our marriage certificate (koseki tohon) and certified translation for the I-130, and then provide a copy of these forms for the I-129f? Or do we have to go through the process of paying for another certified copy of both documents again? Also, is it okay to use one koseki tohon to serve as both the marriage certificate and birth certificate, or is there some other elusive document that I must seek out so that I'm not killing two birds with one stone?         

As previously mentioned, don't bother with the I-129F; for the I-130 only a photocopy of the document is needed; do not send the original.

 

 

[AlexJW 0]

Thank you for the reply, everyone. Well it sounds like I’m probably okay on the I-130 part. So K3 is basically a no-go? I’m surprised they accept so few people...

 

If there weren’t any additional fees for the K3 I’d try it, but it sounds like there might be quite a few and basically no chance of getting in. What should we do, I wonder...

 

We’d like to be together as soon as we can, which was the main draw of the K3, but perhaps it can’t be helped?

 

Thanks for your help, everyone.

 

Alex

[pushbrk 12,895]

1 hour ago, AlexJW said:

Thank you for the reply, everyone. Well it sounds like I’m probably okay on the I-130 part. So K3 is basically a no-go? I’m surprised they accept so few people...

 

If there weren’t any additional fees for the K3 I’d try it, but it sounds like there might be quite a few and basically no chance of getting in. What should we do, I wonder...

 

We’d like to be together as soon as we can, which was the main draw of the K3, but perhaps it can’t be helped?

 

Thanks for your help, everyone.

 

Alex

They will "accept" your I-129F petition but they will not approve it.   I'm not sure about the 13, but if there were 13 K3 visas issued last year then "visas issued" is what the person meant by "accepted".  Use of proper terminology avoids confusion.

[Ryan H 3,812]

2 hours ago, AlexJW said:

Thank you for the reply, everyone. Well it sounds like I’m probably okay on the I-130 part. So K3 is basically a no-go? I’m surprised they accept so few people...

 

If there weren’t any additional fees for the K3 I’d try it, but it sounds like there might be quite a few and basically no chance of getting in. What should we do, I wonder...

 

We’d like to be together as soon as we can, which was the main draw of the K3, but perhaps it can’t be helped?

 

Thanks for your help, everyone.

 

Alex

 

The K3 visa was created by the LIFE Act of 2000 which was done at a time when it took years from initial filing of an I-130 for a spouse to having a decision made on it.  Procedural changes in the intervening years plus decisions on I-130 no longer taking years have rendered the K3 virtually unobtainable.  However, since it was created by an Act of Congress, it will remain on the books and will continue to be listed as a viable option even if it really isn't in practice unless that provision that created it is ever repealed.

[AlexJW 0]

I see. And it doesn’t sound things will change anytime soon. Thanks for all your help, pushbrk and Ryan. I’ll send out my I-130 and required documents. 

[saladboye 166]

On 7/21/2018 at 12:48 AM, Ryan H said:

 

The K3 visa was created by the LIFE Act of 2000 which was done at a time when it took years from initial filing of an I-130 for a spouse to having a decision made on it.  Procedural changes in the intervening years plus decisions on I-130 no longer taking years have rendered the K3 virtually unobtainable.  However, since it was created by an Act of Congress, it will remain on the books and will continue to be listed as a viable option even if it really isn't in practice unless that provision that created it is ever repealed.

It might very well become relevant now.

 

California Service center is taking ~20 months to approve the I-130, where as 129F is taking 7 months.

 

If someone values being together more than money, they are welcome to apply for 129F

Edited July 23, 2018 by saladboye

[pushbrk 12,895]

8 hours ago, saladboye said:

It might very well become relevant now.

 

California Service center is taking ~20 months to approve the I-130, where as 129F is taking 7 months.

 

If someone values being together more than money, they are welcome to apply for 129F

In spouse cases, USCIS started processing the I-129F and I-130 together back in November of 2006.  Look a little more closely at the processing times and I think you'll see you quoted information for I-130 from an LPR instead of a US Citizen and an I-129F for a fiance, not a spouse.

 

The K3 visa stopped being available February 1, 2010 because of a new policy put in place at NVC.  That policy became moot recently, when USCIS started closing I-129F spouse petitions BEFORE approving them, taking NVC out of the mix.

 

An I-129f is a petition to file.  It is not something one "applies for".

Edited July 24, 2018 by pushbrk