i-129f from abroad proof of meeting?

[LukasAnderson 3]

I'm currently living abroad in Japan and have been for about the last four years.

My fiance and I met just a little under two years ago and have basically been inseparable ever since.

However, i am having a hard time gathering evidence for us meeting in person.

 

She lives one city south of me, but works in the same city as me.

We literally see each other almost everyday, but i have little way to show evidence of us meeting.

 

I have my passport in which shows i came to Japan but I've been living here for years.

We would have had boarding passes, etc, but couldn't travel due to COVID restrictions.

 

What i currently have is:

TONS of photos of us. photos of our engagement, photos with her family, etc.

A flight itinerary to Osaka with our names on it + the CC charge to her credit card for that flight.

A hotel confirmation of the same dates shown on our flight itinerary to-from Osaka.

MY CC statement paying for that hotel.

A receipt of purchasing her engagement diamond and ring with both of our names written on it. 

MY CC statement of that purchase with date purchase.

 

It feels like i have a lot of supporting evidence but nothing concrete.

I obviously am in Japan and can attach my Japanese driving license, residence card etc. for proof.

 

Im really worried about an RFE.

it would case huge setbacks that i cant afford.

 

any advice?

 

 

 

[aaron2020 11,651]

Have you considered getting marry in Japan and filing for a CR-1 spousal visa?  That's a cheaper and better route to getting a green card and living together in the US.  With a K-1, there is going to be a 6-8 month period in the US where she can not work or leave without abandoning the entire process.  You also have to pay for a second process, the AOS.

 

The fact that you are both living in Japan will suffice as proof of meeting.

[Adventine 3,189]

All the evidence mentioned sounds excellent to me.

 

Just the fact that you're living in Japan, and can prove it with your passport, Japanese residency card and driver's license makes your case very strong.

 

Seconding the idea to get married in Japan if you can, and file for the spousal visa instead. Cheaper in the long run and has added benefits that @aaron2020 mentioned.

 

My USC fiancé also lived in my home country for some time. We would have gone for the spousal visa route, except the pandemic made it impossible to get a required document that would allow us to marry. I don't think Japan has the same restrictions so highly recommend you look into that.

 

 

[LukasAnderson 3]

32 minutes ago, aaron2020 said:

Have you considered getting marry in Japan and filing for a CR-1 spousal visa?  That's a cheaper and better route to getting a green card and living together in the US.  With a K-1, there is going to be a 6-8 month period in the US where she can not work or leave without abandoning the entire process.  You also have to pay for a second process, the AOS.

 

The fact that you are both living in Japan will suffice as proof of meeting.

Thank you for our response!

I wasn't aware us both living in japan was sufficient proof of meeting.

 

Regarding the CR-1 spousal visa:

I have given it a lot of thought.

While it would be an easier process, the dilemma is that my job contract in Japan is up in October of this year.

I can stay in Japan until November but not any longer.

With the K-1 Visa, my fiance will hopefully not to have wait 6-7 months before joining me in the US since the average processing time is around 330 days.

 

As far as i understand it the CR-1 spousal visa has a timeline of 16-17 months right now.

Aside from this, All of my income is in Japan currently and does not count towards US income.

I will need a joint sponsor from the states, which for K1 is not legally binding, and for CR-1 is.

My joint sponsor in the states  has agreed only to help me under the fact that it is not legally binding.

 

i still am mulling over it a bit to be honest, but K1 seems to make more sense with our timeline, albeit being overall more difficult and more expensive.

 

 

 

 

Edited January 4, 2021 by LukasAnderson

[LukasAnderson 3]

22 minutes ago, Adventine said:

All the evidence mentioned sounds excellent to me.

 

Just the fact that you're living in Japan, and can prove it with your passport, Japanese residency card and driver's license makes your case very strong.

 

Seconding the idea to get married in Japan if you can, and file for the spousal visa instead. Cheaper in the long run and has added benefits that @aaron2020 mentioned.

 

My USC fiancé also lived in my home country for some time. We would have gone for the spousal visa route, except the pandemic made it impossible to get a required document that would allow us to marry. I don't think Japan has the same restrictions so highly recommend you look into that.

 

 

thanks for your input! it's comforting to know living here in Japan alone makes for a strong case.

 

As for the CR-1 visa please see my above comment to @aaron2020.

 

Thanks again!

[HRQX 4,145]

12 minutes ago, LukasAnderson said:

albeit being overall more difficult and more expensive.

And getting slower per the post-Covid backlog.

Edited January 4, 2021 by HRQX

[LukasAnderson 3]

2 minutes ago, HRQX said:

And getting slower per the post-Covid backlog.

still faster than CR-1 though.

[Adventine 3,189]

The one good thing about filing in Japan is that they are currently processing K1 visas: https://jp.usembassy.gov/visas/

 

In terms of speed, it may work out in OP's favor, unlike many others who also counted on K1 applications being approved faster, but who are now stuck because their US embassies are only processing spousal visas and not K1s.

 

However, where did OP read that the joint sponsorship is "not legally binding" for a K1 visa?

[HRQX 4,145]

6 minutes ago, Adventine said:

The one good thing about filing in Japan is that they are currently processing K1 visas: https://jp.usembassy.gov/visas/

But at a fraction of pre-Covid processing:

 

6 minutes ago, Adventine said:

However, where did OP read that the joint sponsorship is "not legally binding" for a K1 visa?

OP is talking about I-134 for K-1 issuance. At most its (theoretically) binding for the 90 days of status (i.e. until I-94 expires) but it hasn't been definitively tested in court.

Edited January 4, 2021 by HRQX

[Adventine 3,189]

@HRQX got it, thanks. It does make the spousal visa option more attractive.

[LukasAnderson 3]

9 minutes ago, HRQX said:

But at a fraction of pre-Covid processing:

 

OP is talking about I-134 for K-1 issuance. At most its (theoretically) binding for the 90 days of status (i.e. until I-94 expires) but it hasn't been definitively tested in court.

Again, 12 months and 17 months is not the same.

There is ample data showing these differences. The processing times on Visajourney show this themselves.

Also, using the links you provided i can see a steady increase in issued K-1 Visa's  from Tokyo since September 2020, with nearly 60 in November. 

For my timeline the K-1 works better. There is a thin line between being helpful and just wanting to win your argument. 

Your input has nothing to do with my original question.

 

Also yes the I-134 is not legally binding.

when i need to apply for naturalization from within the states i can do so with my own income and won't need to worry about joint sponsorship.

 

 

 

[HRQX 4,145]

7 minutes ago, LukasAnderson said:

when i need to apply for naturalization

*adjustment of status

 

Naturalization is many years away since it'll depend on I-485 approval date (for K-1 path): https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

[LukasAnderson 3]

5 minutes ago, HRQX said:

*adjustment of status

 

Naturalization is many years away since it'll depend on I-485 approval date (for K-1 path): https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

thx for the correction mate.

[HRQX 4,145]

16 minutes ago, LukasAnderson said:

Also yes the I-134 is not legally binding.

The AFM was superseded many years ago. Read Page 5 of Form I-134. Many legal scholars agree that, in theory, the Gov could enforce it within the 90 days of status. In reality, 90 days is a short timeframe so it still hasn't been definitively tested in court.

[SteveInBostonI130 3,350]

16 hours ago, LukasAnderson said:

still faster than CR-1 though.

Not this year.  

 

A benefit of CR-1 is that it can be filed online.  Actually, the entire process is mostly online.  The only paper portion are things to print out, sign, scan and then upload to USCIS or NVC.

 

For K-1 everything has to be submitted on paper and mailed in.