Does my Japanese Fiancé need a visa if she's not staying

[ItsJoey 0]

So as the title states I'm planning on getting married to who I would call my fiancé who I've been talking with for 7 years. However due to covid restriction laws I couldn't come to Japan so we could start a fiancé visa so at this point we haven't met yet in person. We agree that I would help plan our wedding here in San Francisco, California. I've heard the Japanese passport is very strong being one of the passports that allows Japanese citizens to enter majority of countries with a stay of 90days without a visa.

 

My question is does my future wife still need some sort of Visa to stay with me in California if she is only staying for a month and is immediately heading back to japan as she still has her family to take care of?

[Mike E 11,742]

3 hours ago, ItsJoey said:

My question is does my future wife still need some sort of Visa to stay with me in California if she is only staying for a month and is immediately heading back to japan as she still has her family to take care of?

Not legally.  Legally she can use her visa waiver to stay for a month to get married to you.  
 

Her entry into the USA is at the discretion of CBP. Her purposes of visiting: 

 

* to see her American romantic partner 

 

* to get married to an American 

 

Increase  the odds she will be denied. 
 

Still phased in what you’ve written, it is probable she will be admitted. 

[Palawan 131]

Covid hasn't been going on for 7 years, I have personally been in and out Japan dozen of times prior to 2020. 

[biscoito1r 73]

There has been cases of people being denied their green card because they came to the US on a tourist visa with the sole intention of getting married to a US citizen. So I'd be very careful with it.  Maybe you're better off having your fiance over for a month or so and then you can apply for the K1, or you guys can get married in Japan and then do the CR1

[Lil bear 4,330]

5 hours ago, ItsJoey said:

So as the title states I'm planning on getting married to who I would call my fiancé who I've been talking with for 7 years. However due to covid restriction laws I couldn't come to Japan so we could start a fiancé visa so at this point we haven't met yet in person. We agree that I would help plan our wedding here in San Francisco, California. I've heard the Japanese passport is very strong being one of the passports that allows Japanese citizens to enter majority of countries with a stay of 90days without a visa.

 

My question is does my future wife still need some sort of Visa to stay with me in California if she is only staying for a month and is immediately heading back to japan as she still has her family to take care of?

Aside from the question if the visa need , marrying on the first face to face meeting is — rightly or wrongly— a red flag to the USCIS for spouse visa applications.  If you do go this route,  best look at many more face to face visits between the time the I130 is submitted and the interview 

[ItsJoey 0]

What concerns me is my future wife she can file for a US ESTA or a visa waiver program, which I believe states that Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning). But I can't seem to be able to find a 100% sure answer. Cause it appears that with the US ESTA she should be able to get married with me with no issues.

 

Thank you all for your help by the way you are all helpful and I appreciate your answers. 

[SteveInBostonI130 3,486]

15 hours ago, biscoito1r said:

There has been cases of people being denied their green card because they came to the US on a tourist visa with the sole intention of getting married to a US citizen. So I'd be very careful with it.  Maybe you're better off having your fiance over for a month or so and then you can apply for the K1, or you guys can get married in Japan and then do the CR1

 

The scenario you described is for people purposely entering the US with an ESTA/tourist visa, marrying, and then staying to adjust status.

 

This does not apply to OP's question, which is for his fiance to enter the US, get married, and then for her to return to her country for the consular CR1 process.

[ItsJoey 0]

So does everyone think under the US ESTA tourist visa we can get married with no issues as long as she goes home and since we have no intensions of adjusting status anytime soon this should be no problem?

 

I was reading these sites and they seem to confirm what I'm thinking but not 100% sure:

https://www.nnuimmigration.com/getting-married-in-usa/#:~:text=If you are a national,married and tourism (honeymooning).

https://www.visapro.com/resources/article/getting-married-on-a-tourist-visa/

 

As far as I can understand under  US ESTA visa waiver program my Japanese future wife can come here with the intent of marriage and then go back home since we are not applying for her citizenship for at least couple years. 

 

 

[Mike E 11,742]

2 hours ago, ItsJoey said:

What concerns me is my future wife she can file for a US ESTA or a visa waiver program, which I believe states that Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning). But I can't seem to be able to find a 100% sure answer. Cause it appears that with the US ESTA she should be able to get married with me with no issues.

 

Thank you all for your help by the way you are all helpful and I appreciate your answers. 

The complete answer has been provider in this thread:

 

https://www.visajourney.com/forums/topic/790043-does-my-japanese-fiancé-need-a-visa-if-shes-not-staying/?do=findComment&comment=10737900