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Filed: K-1 Visa Country: Japan
Timeline
Posted

Hey guys,

I'm wondering if someone could give us some advice on what to do regarding these visa's. We are planning to get married soon and would like to get approved as soon as possible. I'm a Japanese citizen and my fiance is a US citizen, and I'm under the VWP, am I able to go to the US and get married there without having the K-1 Visa? BUT I'm planning to go back here in Japan after we get married, I've read some articles that it is LEGAL and some says it would only cause alot of problem, and from there, IF we do get married under the VWP am I allowed to apply the IR-1 visa? Thank you so much!

Posted

It is legal to enter the US to get married if you intend to return to your home country afterwards. What would be illegal is if you came here on the VWP, stated your intention was to be a tourist (which is what VWP is for) when your intention was actually to get married and stay.

It is 100% legal to come here (under any visa or the VWP), get married, go back to Japan, and file for the CR-1 (the CR-1 is given to people married less than two years; IR-1 is for people married more than two years). You would also have the option of the K-3 if you wanted.

That said, I've heard (even here on VJ) of people getting denied entry when they tried to do so (come in for the wedding with the intent to leave afterwards). And if you're denied entry, you can't use the VWP again.

But yes, what you are suggesting is completely legal.

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Do not know about the Japanese Consulate site, but the UK one clearly states that entering on the VWP, Marrying, and leaving is OK.

Wood be a good idea to have evidence of your need to return.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

Hi,

That is exactly how we did it. He came for visit on a VWP.

We did not plan on getting married during his visit, but we had a consult with an attorney about a plan for a K1 during that time. She advised us to go the CR1/IR1 route, as my husband and I preferred not to have to wait for travel permission, and we were in no position for him not to be able to work immediately.

We were married and 2 days later, he was on a plane back home. A few days later we began our paperwork, and we are nearing the end soon.

I wish you the very best luck, and congratulations on you future life together.

-Rose

"I have spread my dreams under your feet

Tread softly because you tread on my dreams"

-Yeats

Posted

I travelled to the US under the VWP, got married and then returned to my home country where we began this visa journey. It is not illegal to enter the US to get married. However at POE they can deny you entry if they know you are going to get married. They asked me 'business or pleasure' and I said 'pleasure'. And it was :yes: very pleasurable.

The IR-1 is for those that have been married 2 or more years. You would be applying for a CR-1. The I-130's are being approved a lot faster then they used to be, making the CR-1 visa a lot more enticing. In the majority of cases though a K-3 will get you to the US faster to be reunited with your husband. The service center you are required to go through will factor into it. Some take longer to approve I-130's.

We opted for the CR-1 as the I-130 was approved very fast, so decided not to file the I-129F for the K-3. Many though file both to cover their bases as one can never be sure. This had also been our initial intention.

All the best to you.

Lorelle

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

Ahhh, cool. I see that Aussiewench has cautioned you about POE-I came back to this thread to do just that-but I see it's been covered !

Fantastic !

All The Best,

Rose

PS-Congrats on your completed case Aussie ! : )

"I have spread my dreams under your feet

Tread softly because you tread on my dreams"

-Yeats

Filed: Country: United Kingdom
Timeline
Posted
Hey guys,

I'm wondering if someone could give us some advice on what to do regarding these visa's. We are planning to get married soon and would like to get approved as soon as possible. I'm a Japanese citizen and my fiance is a US citizen, and I'm under the VWP, am I able to go to the US and get married there without having the K-1 Visa? BUT I'm planning to go back here in Japan after we get married, I've read some articles that it is LEGAL and some says it would only cause alot of problem, and from there, IF we do get married under the VWP am I allowed to apply the IR-1 visa? Thank you so much!

If you plan on living in the US after you are married, I highly recommend you look into Direct Consular Filing.

You can read more about it here: What is DCF and Why Do I Care?

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

If you do decide to get married, go back to Japan and then file for a CR-1, make sure you check out information on Direct Consular Filing (DCF). It would be so much faster for you. My friend from Japan got married a couple of years ago and they did the DCF. I think she said their whole process took about 3 months at that time. The only thing that took awhile was the police certificate from Canada (she studied in Toronto for three years). She and her husband could not understand why our immigration processing is taking so long.

Good luck!

CR-1

09/16/2005 Mailed I-130 (CSC)

09/21/2005 NOA 1

02/07/2006 NOA 2 (Day 143)

02/25/2006 Petitioner receives AOS Bill in U.S. (Day 161)

02/27/2006 AOS Bill (regular USPS) and DS-3032 (Canada Post regular) are mailed out

03/21/2006 Petitioner receives I-864 package (Day 185)

03/22/2006 Beneficiary receives IV Bill and sends payment - regular mail (Day 186)

03/24/2006 Petitioner sends back I-864 (Day 188)

04/13/2006 Beneficiary receives DS-230 (Day 208)

05/10/2006 Beneficiary sends back DS-230 and docs to NVC via Fedex (Day 235)

05/19/2006 NVC issues RFE on Question # 20 on the DS-230. (Day 244)

05/29/2006 Beneficiary receives RFE and sends it off (Day 254)

06/02/2006 NVC receives RFE (Day 258)

06/16/2006 Case Complete! (Day 272)

07/07/2006 Case forwarded to Consulate in Montreal (Day 293)

08/11/2006 INTERVIEW! VISA APPROVED!

08/14/2006 Picked up visa and crossed the border.

08/25/2006 SS card arrives in the mail

09/07/2006 GC arrives in the mail.

K-3

02/01/2006 Mailed I-129F

02/07/2006 NOA1

04/14/2006 I-129F is approved!

04/24/2006 NVC forwards the application to the consulate in Montreal

05/01/2006 Packet 3 is received from consulate & is sent of 3 days later

07/07/2006 Medical

08/08/2006 INTERVIEW- cancelled bec. of CR-1

 
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