I-130 Timing Concerns

[btravels 1]

Hello all,

 

I've had a very eventful year - namely in regards to marrying my Japanese spouse last year in November (2023).

I'm a USC, she's 100% Japanese.

 

Since she will be moving here, the next step was of course to file the I-130. My research at the time made it seem like processing times could be around 6 months. In hindsight, it's clear it can take much longer and that I should have researched further.

 

I filed on January 9, 2024 and received the "Case is being Actively Reviewed" status on January 11.

 

Our plan was that around June/July this year, she could expect to visit the US (with no intent to permanently stay yet) while we wait for the I-130 to progress.

She's currently in Japan. By July, she may no longer be employed at her current job and also may not renew her apartment lease.

 

She currently has a US visitor visa (ESTA?) and has visited a few times already (unsure about the specifics of this, I will check).

 

Since we are now already in the month of March - I'm starting to feel some stress and anxiety about what likely will happen.

Planning for the worse, I will assume that this I-130 will not be processed before July 2024.

Therefore by July she will not have a processed I-130, no job or apartment (because of the planned eventual move to the US), yet also cannot temporarily stay in the US for longer than the ESTA allows.

 

I'm beginning to research alternative visa's or processes that will allow her to temporarily stay for a longer duration during this limbo period.

 

Does anyone have any insight on situations like this? I've learned quite a bit already, but I'm a bit stuck now on the best path forward.

Edited March 3 by bradtravels

[Dan and Akari 44]

Welcome to VJ. 
 

First, expect the entire process to take more like 14-18 months. Others will probably tell you 18-24 months, but I am optimistic. It took us 6 months just to get the I-130 approved and we were lucky because it looks to be averaging 11-12 months just for USCIS to approve the petition. Then you have the NVC stage which can vary from the time your case arrives at NVC until your wife gets an interview depending on the beneficiary’s country.  My wife lives in Thailand and we’re expecting NVC to interview time to be 4-6 months based on trends and if all goes smoothly with no RFEs. 
 

Here is the first thread on this forum page that discusses traveling to the United States on a visitor visa while awaiting the entire CR-1 process.
 

 

She needs to have strong ties in Japan (job, own a home, etc)that would convince immigration that she is going to return to Japan when her visa expires, and she isn’t going to visit the United States with the intention of adjusting status. The fact that she has visited before and returned to Japan might help, but all that happened before she showed her intent to immigrate which is what she is saying by filing the I-130. The fact that she will be unemployed and no apartment does not help your case unfortunately. 
 

Trying “other” ways to get her to the US, even if your true intention is for her just to visit will more than likely be viewed by immigration as you trying to skip the line by getting your wife to the US to adjust status here. Too many people have gamed the system, made immigration wary of these tactics, and has given them, in my opinion, the position that you are guilty until proven innocent. 
 

Everyone here empathizes with you and your wife being apart. Unfortunately, immigrating legally is time consuming and, for many people, expensive. 

[Dan and Akari 44]

I would also suggest filing a K3 as soon as possible. It doesn’t cost anything and may speed up the USCIS phase, but you need to file it as soon as possible after filing the I-130. 
 

Many naysayers will tell you not to waste your time because you will not be issued a K3 visa which I agree with, but I am convinced it helped us get through the USCIS phase in half the current average time. 

[btravels 1]

Thank you for your reply.

Your timing insight is helpful - good luck with your NVC phase.

 

I will take a look at that first thread again, as well as begin the K3 application.🤞

 

[Boiler 45,478]

VWP is 90 days not that I would look to max that out.

 

Process will be 18 months or so and she should plan accordingly as far as work/accomodation is concerned.

[InaneTripe 27]

4 hours ago, btravels said:

Hello all,

 

I've had a very eventful year - namely in regards to marrying my Japanese spouse last year in November (2023).

I'm a USC, she's 100% Japanese.

 

Since she will be moving here, the next step was of course to file the I-130. My research at the time made it seem like processing times could be around 6 months. In hindsight, it's clear it can take much longer and that I should have researched further.

 

I filed on January 9, 2024 and received the "Case is being Actively Reviewed" status on January 11.

 

Our plan was that around June/July this year, she could expect to visit the US (with no intent to permanently stay yet) while we wait for the I-130 to progress.

She's currently in Japan. By July, she may no longer be employed at her current job and also may not renew her apartment lease.

 

She currently has a US visitor visa (ESTA?) and has visited a few times already (unsure about the specifics of this, I will check).

 

Since we are now already in the month of March - I'm starting to feel some stress and anxiety about what likely will happen.

Planning for the worse, I will assume that this I-130 will not be processed before July 2024.

Therefore by July she will not have a processed I-130, no job or apartment (because of the planned eventual move to the US), yet also cannot temporarily stay in the US for longer than the ESTA allows.

 

I'm beginning to research alternative visa's or processes that will allow her to temporarily stay for a longer duration during this limbo period.

 

Does anyone have any insight on situations like this? I've learned quite a bit already, but I'm a bit stuck now on the best path forward.

I, too, am a USC with a Japanese spouse. Take a look at my timeline for some relatively recent dates. Basically, I filed I-130 on 22 April 2022, it was approved on 09 May 2023, and her consular interview was on 05 September 2023. Admittedly, there was an RFE at the I-130 stage and a minor hiccup at NVC which added roughly 4 weeks to our processing time. We basically had to wait for a little under 17 months from I-130 filing to when she had her IV in hand.

 

She quit her job and relinquished her apartment in Tokyo only at the end of September 2023, after she got her IV. I work remotely and could make multiple trips to Japan during those 17 months and stay with her while on visa free 90 day trips. We consciously decided not to have her visit me on an ESTA while the I-130 was pending. We chose to do so because I had the ability to work remotely plus I am very risk averse when it comes to immigration issues. There are also many threads here of people making successful trips on ESTA or B visas with pending immigrant petitions. Read through those and discuss things carefully with your spouse. All the best to you both!

[pushbrk 12,877]

Looks like you'll be facing some extended separation while she is not employed.  Where she lives and how she is supported during that separation is something you will have to work out.  How tough that will be depends on your circumstances.  I think it would be futile to apply for a B visa.  She can visit using ESTA, if she hasn't already abused that privilege by spending more time in the USA than out.  She may well be able to visit more than once, depending on timing.  You have some choices to make regarding her lodging and employment, but those choices are unlikely to be solved by her being in the USA for any extended time.

 

[btravels 1]

On 3/2/2024 at 11:18 PM, Dan and Akari said:

I would also suggest filing a K3 as soon as possible. It doesn’t cost anything and may speed up the USCIS phase, but you need to file it as soon as possible after filing the I-130. 
 

Many naysayers will tell you not to waste your time because you will not be issued a K3 visa which I agree with, but I am convinced it helped us get through the USCIS phase in half the current average time. 

 

Thank you again for the suggestion, this week I mailed in the K3 with an abundant amount of "evidence"

Knowing that these aren't processed, I'm hopeful that it still may speed things up.

[btravels 1]

On 3/3/2024 at 3:49 AM, InaneTripe said:

I, too, am a USC with a Japanese spouse. Take a look at my timeline for some relatively recent dates. Basically, I filed I-130 on 22 April 2022, it was approved on 09 May 2023, and her consular interview was on 05 September 2023. Admittedly, there was an RFE at the I-130 stage and a minor hiccup at NVC which added roughly 4 weeks to our processing time. We basically had to wait for a little under 17 months from I-130 filing to when she had her IV in hand.

 

She quit her job and relinquished her apartment in Tokyo only at the end of September 2023, after she got her IV. I work remotely and could make multiple trips to Japan during those 17 months and stay with her while on visa free 90 day trips. We consciously decided not to have her visit me on an ESTA while the I-130 was pending. We chose to do so because I had the ability to work remotely plus I am very risk averse when it comes to immigration issues. There are also many threads here of people making successful trips on ESTA or B visas with pending immigrant petitions. Read through those and discuss things carefully with your spouse. All the best to you both!

 

Congrats on the success. It's a much longer journey/wait than we ever expected... 

 

I've had to re-evaluate what my wife and I's next 1-2 years may look like. 

 

Like you, I also work remotely. Decided to visit Japan for around 3 months in 2022 while sticking to the US working hours (had to work at night) - And that trip is what led to us meeting. Since then and before our marriage in Japan, we had traveled back and forth many times (she has an ESTA). But now, during this I-130 wait, it seems as if it will be even more difficult to see her. I would not want to risk a potential ESTA/I-130 conflict. It's obviously easier for me to visit her in Japan during this process. Though I don't know if I want to go through the mentally taxing schedule again of working late at night (with my current job) and going to sleep almost literally when she has to wake up.

 

The longer I wait, it's seeming like my only choice is to temporarily relocate to Japan. Two hindrances with this though - I just bought a house here last year, and I would have to find a new job/source of income while I'm staying there on a Japanese spouse visa. 

 

Stressful time, lots of decisions to be made soon..

Edited March 7 by btravels

[Dan and Akari 44]

7 hours ago, btravels said:

 

Thank you again for the suggestion, this week I mailed in the K3 with an abundant amount of "evidence"

Knowing that these aren't processed, I'm hopeful that it still may speed things up.

I truly hope that it does speed things up for you and your wife.   Simply managing a long distance relationship is challenging enough.  Add into the mix the many variables to consider when navigating the immigration process, and the uncertainty of when things will happen exacerbates the challenge.  

 

We really empathize with you because my wife is from Myanmar and with the civil unrest I was not comfortable with her staying there for the potential 24 month wait to get approved and get an appointment in Yangon.  Consequently, we decided for her to move to Bangkok on an education visa which is only good for one year.  Add to that a condo lease that is only good for one year, and the stress level seems to escalate almost exponentially.  What if we don't get approved until after her ED visa expires?  What other options do we have?  Will we need to renew the condo, and on and on.

 

I hope everything processes smoothly and quickly.  We were also at the Potomac SC for our I-130.  Not that that has any bearing, but one can always hope.

[InaneTripe 27]

14 hours ago, btravels said:

 

Congrats on the success. It's a much longer journey/wait than we ever expected... 

 

I've had to re-evaluate what my wife and I's next 1-2 years may look like. 

 

Like you, I also work remotely. Decided to visit Japan for around 3 months in 2022 while sticking to the US working hours (had to work at night) - And that trip is what led to us meeting. Since then and before our marriage in Japan, we had traveled back and forth many times (she has an ESTA). But now, during this I-130 wait, it seems as if it will be even more difficult to see her. I would not want to risk a potential ESTA/I-130 conflict. It's obviously easier for me to visit her in Japan during this process. Though I don't know if I want to go through the mentally taxing schedule again of working late at night (with my current job) and going to sleep almost literally when she has to wake up.

 

The longer I wait, it's seeming like my only choice is to temporarily relocate to Japan. Two hindrances with this though - I just bought a house here last year, and I would have to find a new job/source of income while I'm staying there on a Japanese spouse visa. 

 

Stressful time, lots of decisions to be made soon..

I totally understand the difficulties of living in JST but working American hours. I was lucky because my co-workers are in PT and being an earlier riser, I was able to schedule meetings their afternoons which was ideal for me in Japan. I did my actual work, which requires no back and forth with others, whenever it was convenient in JST. I cannot imagine how we'd have handled the ~17 month wait if this hadn't been possible.

 

The new house and all its attendant expenses is certaintly a concern. Are you considering one of those 1/3 year Japanese spousal visas? They ought to be available in relatively short time provided the Certificate of Eligibility is obtained from the relevant Japanese ministry. And then there is the challenge of job hunting in Japan...

 

All the best in your endeavors!

[btravels 1]

17 hours ago, Dan and Akari said:

I truly hope that it does speed things up for you and your wife.   Simply managing a long distance relationship is challenging enough.  Add into the mix the many variables to consider when navigating the immigration process, and the uncertainty of when things will happen exacerbates the challenge.  

 

We really empathize with you because my wife is from Myanmar and with the civil unrest I was not comfortable with her staying there for the potential 24 month wait to get approved and get an appointment in Yangon.  Consequently, we decided for her to move to Bangkok on an education visa which is only good for one year.  Add to that a condo lease that is only good for one year, and the stress level seems to escalate almost exponentially.  What if we don't get approved until after her ED visa expires?  What other options do we have?  Will we need to renew the condo, and on and on.

 

I hope everything processes smoothly and quickly.  We were also at the Potomac SC for our I-130.  Not that that has any bearing, but one can always hope.

 

Thank you. Many unknowns and TBDs during this process - I'm looking forward to when all this will be done and no longer a worry..

 

Regarding your K3, did you ever receive any status/updates from that?

I'm curious where mine will even end up - and if I could add that to my USCIS profile (to see when they deny it haha).

[btravels 1]

10 hours ago, InaneTripe said:

I totally understand the difficulties of living in JST but working American hours. I was lucky because my co-workers are in PT and being an earlier riser, I was able to schedule meetings their afternoons which was ideal for me in Japan. I did my actual work, which requires no back and forth with others, whenever it was convenient in JST. I cannot imagine how we'd have handled the ~17 month wait if this hadn't been possible.

 

The new house and all its attendant expenses is certaintly a concern. Are you considering one of those 1/3 year Japanese spousal visas? They ought to be available in relatively short time provided the Certificate of Eligibility is obtained from the relevant Japanese ministry. And then there is the challenge of job hunting in Japan...

 

All the best in your endeavors!

 

Thank you!

 

Sounds like it worked out well for you then while in JST (work wise). In my case, my co-workers are in ET, I currently live in PT, and I have to be pretty present during their normal hours.

 

And that's correct, the 1/3 year Japanese spousal visa seems quick and easy to obtain (wish it was the same case in the US). The true challenge is finding a job over there indeed... now I'm wishing that I was fluent in Japanese. If I do temporarily relocate, I'm thinking I will head there by mid June - which gives me a few months to build up my side business. Perhaps I can get that going in time as well.

[Dan and Akari 44]

9 hours ago, btravels said:

 

Thank you. Many unknowns and TBDs during this process - I'm looking forward to when all this will be done and no longer a worry..

 

Regarding your K3, did you ever receive any status/updates from that?

I'm curious where mine will even end up - and if I could add that to my USCIS profile (to see when they deny it haha).

For the K3, we received a receipt notification, and I added it to our profile on the USCIS app on my phone so I could track progress.  Unfortunately we never received any updates on the K3 until the I-130 petition was approved, and then the K3 status changed to "Case Closed  Benefit Received By Other Means".

[Boiler 45,478]

1 minute ago, Dan and Akari said:

For the K3, we received a receipt notification, and I added it to our profile on the USCIS app on my phone so I could track progress.  Unfortunately we never received any updates on the K3 until the I-130 petition was approved, and then the K3 status changed to "Case Closed  Benefit Received By Other Means".

That is normal.