Opinions: what would you do??

[dphyled 0]

Hello everyone!! I was reading over a bunch of posts and feel like I've learned a whole lot from this site already, but I still can't quite figure out what I should do for my particular situation... I've called the USCIS number several times over the past week, but the various people that I talked to all told me different (often conflicting) things. Anyway, i just want to describe my situation and if anyone has any suggestions or insights, please share them with me... Because I am really lost right now... And i really miss my fiance.

So, here we go (i'll try to keep it short)...

My girlfriend was here from Japan on student visa for the past 2 years. We've been dating for about 1.75 of those two years. Her student visa was going to run out, but we were still extremely happy together (IN LOVE!!! ), and didn't want things to end, so I proposed and she said yes and we were very very happy and excited about everything. Anyway, we didn't really know anything about marriage/visa stuff, so she talked to her friends (who had been through the same thing), and after getting advice from them, she decided that the best way would be for her to end her student visa, go back to visit her family for a few weeks (since she had heard that she couldn't leave the country for a while after starting the visa process), then come back with just a tourist visa and get married/do all the paperwork stuff. Of course, soon after she went back to visit family, we found out that is illegal (up to $10,000 fine and 5 years in jail, "immigration fraud" right?), so we decided we needed to come up with a new plan. And that is basically where we are now. She is in Japan with a ticket to come back to US on Sept 4th (she bought a roundtrip ticket to visit family, but we realized that--of course--she cannot come back on a tourist visa with just a one way ticket)... Basically, i don't care about how much it costs (seriously, i'm not rich, but i'm young and have my whole life to make more money), or anything else... we just want to be able to be together as soon as possible. It's only been 3 weeks, but i already miss her so much... Thinking about being apart for the majority of this coming year seriously brings tears to my eyes... : (

The one path we were considering was buying a return ticket so that she can still come back on September 4th, then getting married while she is here, then having her go back to japan to wait through the months of visa processing time. We heard that is legal (coming on tourist visa with intent to marry is illegal, unless they go back and wait after the marriage, right? that's pretty much how i understood that part at the end of the A2 helper thing from USCIS website)... However, one phone person at USCIS said that it takes a lot longer to do that (1year+ she said), and another person said that it takes way more paperwork (and more processing/waiting time) if we do it that way... is that correct?? This path is the one that we both thought sounded the best (family and friends could all come to this wedding here), but if it would really take 1year+ for this route, then nevermind. I just don't understand why it would be so much longer, even though we would be filing the same forms (I-130 and I-129F) to the same places... (?)

The other path we were considering was if i go to japan and we do the wedding there, then start all the paperwork there... However, the part about this scenario that we weren't sure about was the matter of whether i have to stay there for processing. One lady at USCIS said that i could go, do the marriage, then come back to US (and I don't have to go back for anything else afterward).... But a different lady at USCIS said that if i do that, then i have to stay in japan during the entire processing time. She told me that it would be the fastest way (3-4 months for everything), but that i would have to stay. If that was the case, then i think i would have to quit my job, which would mean i might not be able to show ability to sponsor my new spouse and thus FAIL us on the whole visa application (?). Anyway, if that is incorrect and i would actually be able to just go get married, then come back and go to work, then that would definitely be an option.

Anyway, I'm sorry that this post turned out so long. If anyone actually read through the whole thing, then THANK YOU VERY MUCH!!! And if you have any suggestions or clarifications, then THANK YOU EVEN MORE!!!!!!!! Good luck to everyone!! Love is supposed to be more simple, eh?

Kel

[dphyled 0]

Oh yeah.. haha, as if my post weren't long enough:

I just remembered, I had read a lot about K-1 visas, but we were told that the K-1 and K-3 waiting times are about the same right now... But you end up further along in the whole process if you are married and get the K-3, so we decided to just do the marriage and apply for K-3 instead of waiting for K-1, finally getting married, then filing and waiting for the I-130 stuff. Just wanted to add that... If that seems misinformed or something, please let me know!! Thanks again everyone!

[maekai05 0]

You have severals way to do.

1) She can come back to US with Visa Waiver, and get married in US

*To enter US with visa waiver to intened to get married is illegal. But at the time of entry if she is not planning to marry, then it is not illegal even if you guys married after that. so that problem is that she has to convince the officer that she is not entering US to marry you.. That means, of course, she has to have return ticket to Japan, and proof that she will go back to Japan after three months.

I don't recommend this, if she get caught, then, you guys will face the problelm. Probably she can't enter US for 3 or 5 years..

2) You will appy K-1 for her, and she will wait in Japan till K-1 is issued. I think K-1 visa is faster than K-3 visa

And you guys must marry in three months after she enters US. I think K-1 will take up 8-10 months

3) You go to Japan and married to her in Japan , then you go back to US and fille I-130 and K-3 ( We are taking this option) This will take up 8-12 months. If USCIS and NVC don't speed up.. If they do then it could be faster.

4) You come and stay in Japan with Japanese residental visa for at least 6 months, then you can apply for her green card directly from American Embassy in Japan (DCF) then she will get green card.in 2-3 months.

We are currently doing (3), but we are in 6th months, and still not going nowhere. We are now considering to do (4)..

But then, I will have to get my husband a japanese residental visa.,which it is not that easy thing to do, either..

[dphyled 0]

Wow, thank you very much for the quick reply!

For the first method, i had thought that it was only illegal for her to come marry in the US if she is planning on staying after the marriage... This paragraph from the uscis helper "how do i..." file at http://www.uscis.gov/files/article/A2.pdf makes it sound like she could come just for the wedding, then go back and wait until the K-3 visa goes through... (?)

What if my fiancé(e) uses a different kind of visa, or

enters as a visitor without visa, to come here so we

can get married?

There could be serious consequences. Attempting to get a visa or

enter the U.S. by saying one thing when you intend another may

be considered immigration fraud, for which there are severe

penalties. Those penalties include restricting a person’s ability to

get immigration benefits, including permanent residence, as well as

a possible fine of up to $10,000 and imprisonment of up to five

years. It is not appropriate for your fiancé(e) to enter the U.S. as

a visitor with the intent to marry you and remain to try to become

a permanent resident. It is appropriate, however, to enter as a visitor

to have the wedding in the U.S. and then return to a foreign

residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in

this regard.

For this method though, we just weren't sure because one of the ladies on the USCIS phone thing said that it takes the longest (more than a year)...?

If we don't go this route, then I think we will probably do the same method as you did maekai! After your husband went to japan and you married eachother, he could just go back to America to wait?? Would he have to go back for any other interviews or other stuff in japan, or just for the wedding to get married?? (not that i don't want to go to japan, i really love visiting japan, but right now i have to stay at my job so that i can show proof of being able to support... i think?)

Anyway, the method 1 sounds the best right now, if it is legal... anyone have more info on that way?

Thanks again!

[radsr2002 0]

Wow, thank you very much for the quick reply!

For the first method, i had thought that it was only illegal for her to come marry in the US if she is planning on staying after the marriage... This paragraph from the uscis helper "how do i..." file at http://www.uscis.gov/files/article/A2.pdf makes it sound like she could come just for the wedding, then go back and wait until the K-3 visa goes through... (?)

What if my fiancé(e) uses a different kind of visa, or

enters as a visitor without visa, to come here so we

can get married?

There could be serious consequences. Attempting to get a visa or

enter the U.S. by saying one thing when you intend another may

be considered immigration fraud, for which there are severe

penalties. Those penalties include restricting a person’s ability to

get immigration benefits, including permanent residence, as well as

a possible fine of up to $10,000 and imprisonment of up to five

years. It is not appropriate for your fiancé(e) to enter the U.S. as

a visitor with the intent to marry you and remain to try to become

a permanent resident. It is appropriate, however, to enter as a visitor

to have the wedding in the U.S. and then return to a foreign

residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in

this regard.

For this method though, we just weren't sure because one of the ladies on the USCIS phone thing said that it takes the longest (more than a year)...?

If we don't go this route, then I think we will probably do the same method as you did maekai! After your husband went to japan and you married eachother, he could just go back to America to wait?? Would he have to go back for any other interviews or other stuff in japan, or just for the wedding to get married?? (not that i don't want to go to japan, i really love visiting japan, but right now i have to stay at my job so that i can show proof of being able to support... i think?)

Anyway, the method 1 sounds the best right now, if it is legal... anyone have more info on that way?

Thanks again!

No if you marry in Japan and come back here, you do not have to go back for a interveiw.

Make sure you go thru the I130 guide and the K3 guide so you know what papers you will both need to be collecting.

The sooner you start that, the sooner you can file after the wedding.

I filed my I130 last december and we just got the visa yesterday. That is a full 9 month time line.

K3 guide and info

http://www.visajourney.com/forums/index.php?showtopic=301

I130 guide and info

http://www.visajourney.com/forums/index.php?showtopic=302

It is not so fast, but the I130 is by far the better visa and well worth the wait.

Hang in there, if your love is truley ment to be, it will stand the test of time.

best wishes

Rick

[Rhiannon 0]

From what I understand, it is legal to get married on a tourist visa as long as you return to your home country for processing.

There is another rule, however, which I'm not completely copasetic on but I believe it works and is legal.

If your girlfriend comes here for 60 days, and then you guys get married on the 61st day, she can stay for processing. The officer at the POE when my fiance came through to marry me (he was completely open and honest and they let him through, but he also had a lot of proof that he wasn't staying) talked to him about the 60 day rule, so it seems to be open knowledge. I don't know a lot of details about it though, because it wouldn't work for us.

Good luck and welcome!

[maekai05 0]

Wow, thank you very much for the quick reply!

For the first method, i had thought that it was only illegal for her to come marry in the US if she is planning on staying after the marriage...

Yes, if the officer believes her that she just come to US to have wedding and she will go back to Japan after the wedding to wait for K-3 visa.

but I myself heard lots of terrible stories that only fiancee was turn down to enter US while her other relatives were allowed to enter..

So I think it is very risky since the officer can easily doubt if she will stay in US after marrige.

If she brings that the proof that she will go back to Japan after the wedding. ( like letter from her employer sated she will contine to work in Japan after the wedding ) , it might be OK.

Getting married in US is not illegal.

I myself met my husband in US with F-1 visa, and went back to Japan, and came back to US with Visa waiver, and got married in US, then I appliied for Green Card in US. but at the end, I had to cancel the final inteviw since I was out of US to follow my husband to France. I got a green card all right after that, but then, I had to abondon the green card, since I was out of the states for more than 1 yr.

For this method though, we just weren't sure because one of the ladies on the USCIS phone thing said that it takes the longest (more than a year)...?

USCIS always say "longest time". So that they don't receive the complaints. Off course, some people are experiencing " more than a year " but those are very few people..

USCIS site says that they are processing "Jan 2007" right now, but according to people in visajourney, people in March and April have been approved.

If we don't go this route, then I think we will probably do the same method as you did maekai! After your husband went to japan and you married eachother, he could just go back to America to wait?? Would he have to go back for any other interviews or other stuff in japan, or just for the wedding to get married?? (not that i don't want to go to japan, i really love visiting japan, but right now i have to stay at my job so that i can show proof of being able to support... i think?)

Acutally I have been married to my husband for 11 yers, and I had a green card, but for perosnal reason, I had to abondon the green card. Now we are re-applying green card...

My husband is in US applying for I-130 and I-129F (K-3) in US, and I am in Japan and waiting for K-3 to be approved.

Since this process is taking too long, we are considering that we cancell all of this process , and start over again like this..

I will apply for my husband to get Japanese residental visa, and he comes to Japan and stay with me for at least 6 months, then we will reapply for I-130 directly from American Embassy in Japan together. (To do this, you have to have legal 6 (at least ) months residental visa in Japan)

Off course, if you take this method, you will have to quit your job, and come to japan to marry her. then you stay in Japan for 6 months hen you can appy for green card for your wife from American Embassy in japan

Once you appy in American Embassy in Japan direclty, it is only 2-3 months to receive Green card

Does it make sense ? Sorry if I confuse you

I hope you will find the right way to go thru this, and have happy life with your fiancee

[dphyled 0]

maekai, Rick, Rhiannon!! Thank you all so much for your suggestions! You don't know how much of a help this has been..

I feel much more informed, now just gotta wait until i talk to my fiance tonight, and see what she thinks..

and still, if anyone else has any more suggestions or other experiences that might be useful to hear about, please let me know!

thank you guys again, so much!

[pushbrk 12,876]

Oh yeah.. haha, as if my post weren't long enough:

I just remembered, I had read a lot about K-1 visas, but we were told that the K-1 and K-3 waiting times are about the same right now... But you end up further along in the whole process if you are married and get the K-3, so we decided to just do the marriage and apply for K-3 instead of waiting for K-1, finally getting married, then filing and waiting for the I-130 stuff. Just wanted to add that... If that seems misinformed or something, please let me know!! Thanks again everyone!

First, don't listen to the people you talk to on the USCIS misinformation line. Unfortunately, most of what you've seen in the previous replies is either just plain wrong or some truth mixed with falsehood that will take you down dangerous paths too.

When USCIS refers to processing times, they are only talking about their end of the process. That's the short part for many. Perhaps as much as half if it's Japan. No, you are not further along in the process with a K3 instead of a K1. Both require adjustment of status after use.

No, you do not need to stay in Japan if you get married in Japan. Whoever told you that is mixing facts from different scenarios or you did so after hearing it.

Please try to clear your head and read the Guides for fiance and for spouse. Just click on the word "Guides" at the top of any page.

As I see it, the quickest way to start your life together in the US is to go the Fiance visa route. That's the K1. It's quickest because you can file the I-129F petition right away and get the process timeline moving. Any spouse visa process must wait until after you are married, so you're that far behind already.

You marriage first option to look at first is the CR1 immigrant visa. It can take a little longer but makes your life a lot simpler, allows her to work very soon after arrival and is far less expensive than the K3 option. Both CR1 and K3 options work equally well whether you marry in the US or abroad. Yes, she can come her on a tourist visa or the visa waiver program and marry you but she can't overstay the expiration of her I-94. She cannot immigrate using the tourist visa or VWP. She must return to Japan for a visa interview.

I suggest you first prioritize your life goals based on your own values and decide when and where you want the marriage to take place. Then and only then, embark on a the appropriate visa process.

[pushbrk 12,876]

From what I understand, it is legal to get married on a tourist visa as long as you return to your home country for processing.

There is another rule, however, which I'm not completely copasetic on but I believe it works and is legal.

If your girlfriend comes here for 60 days, and then you guys get married on the 61st day, she can stay for processing. The officer at the POE when my fiance came through to marry me (he was completely open and honest and they let him through, but he also had a lot of proof that he wasn't staying) talked to him about the 60 day rule, so it seems to be open knowledge. I don't know a lot of details about it though, because it wouldn't work for us.

Good luck and welcome!

Don't confuse "getting away with it" with "legal". This is not legal. It is visa fraud.

As I see it, you're advocating visa fraud. The fraudulent scenario you are describing is based on the idea that if the wedding takes place more than 60 days after entry, you have a better chance of convincing USCIS that your lie is truth. The lie you must tell for this fraudulent scheme to work is that the decision to marry, took place after entry. I advise against this path in the strongest possible way. IMO, the post containing the suggestion as well as my reply quoting it should be deleted by a moderator ASAP.

[maekai05 0]

From what I understand, it is legal to get married on a tourist visa as long as you return to your home country for processing.

There is another rule, however, which I'm not completely copasetic on but I believe it works and is legal.

If your girlfriend comes here for 60 days, and then you guys get married on the 61st day, she can stay for processing. The officer at the POE when my fiance came through to marry me (he was completely open and honest and they let him through, but he also had a lot of proof that he wasn't staying) talked to him about the 60 day rule, so it seems to be open knowledge. I don't know a lot of details about it though, because it wouldn't work for us.

Good luck and welcome!

Don't confuse "getting away with it" with "legal". This is not legal. It is visa fraud.

As I see it, you're advocating visa fraud. The fraudulent scenario you are describing is based on the idea that if the wedding takes place more than 60 days after entry, you have a better chance of convincing USCIS that your lie is truth. The lie you must tell for this fraudulent scheme to work is that the decision to marry, took place after entry. I advise against this path in the strongest possible way. IMO, the post containing the suggestion as well as my reply quoting it should be deleted by a moderator ASAP.

Yes, pushbrk is right. It is visa fraud to enter US with tourist visa if she is entering to US for the reason.

Sorry I advised you the bad one..

[pushbrk 12,876]

From what I understand, it is legal to get married on a tourist visa as long as you return to your home country for processing.

There is another rule, however, which I'm not completely copasetic on but I believe it works and is legal.

If your girlfriend comes here for 60 days, and then you guys get married on the 61st day, she can stay for processing. The officer at the POE when my fiance came through to marry me (he was completely open and honest and they let him through, but he also had a lot of proof that he wasn't staying) talked to him about the 60 day rule, so it seems to be open knowledge. I don't know a lot of details about it though, because it wouldn't work for us.

Good luck and welcome!

Don't confuse "getting away with it" with "legal". This is not legal. It is visa fraud.

As I see it, you're advocating visa fraud. The fraudulent scenario you are describing is based on the idea that if the wedding takes place more than 60 days after entry, you have a better chance of convincing USCIS that your lie is truth. The lie you must tell for this fraudulent scheme to work is that the decision to marry, took place after entry. I advise against this path in the strongest possible way. IMO, the post containing the suggestion as well as my reply quoting it should be deleted by a moderator ASAP.

Yes, pushbrk is right. It is visa fraud to enter US with tourist visa if she is entering to US for the reason.

Sorry I advised you the bad one..

It is not visa fraud to enter on a tourist visa with the intention of marriage, as long as that intention also includes leaving the US before the I-94 expires. It is not the marriage but the immigration intent that constitutes the fraud. As long as the proper immigration path is followed there is no fraud.

I quoted the post that advocated the fraud.

Your post was correct in that you mentioned the risk of being denied entry. That risk is very high if you present yourself to the CBP officer indicating you came for your own wedding. This would be exaccerbated by being surrounded by family members that said their purpose for entry was to attend your wedding. As long as you don't intend to stay, it is best for all concerned to provide a truthful but more generic reason for their visit, such as "to visit family and friends" or just "to attend a family wedding" without pointing to the bride standing nearby. There is no need to provide a full itinerary of activities or even the primary function that will occur while you are visiting family and friends.

[dphyled 0]

thank you everyone very much for the ongoing discussion!

pushbrk, thank you for the posts! After seeing your posts all around the site, i was hoping that you would comment on mine... and you did! it is a little disheartening that what you had to say went in the opposite direction from what others were saying, but thank you still!!

Don't worry, i don't plan to go the "visa fraud" route.... although that was (unknowingly) our original plan, we don't really want to go through the risks... we want to do things right so there is less stress. Plus i'm a bad liar and don't have 5 years to waste in prison.

Anyway, here's where i'm at right now... i had originally read through all the guides (a few times each) and tons of posts before i decided to make my own post. But at the end of reading, not enough had stuck in my brain to really feel like i knew what i was doing (so i posted). Since then though, i have read through them countless more times and tried to kind of sum them up for myself...

1. K-1: I send in I-129F, we wait, she goes to interview, comes here gets married. Then AOS and other stuff. Average wait time to see eachother (based on current overall average FILING TO INTERVIEW processing times listed on this site): about 192 days, then flying time.

2. K-3: I go to Japan, get married, come back and file I-130. Wait. File I-129F. Wait. Probably the I-129F will go through first and she can come here, then do AOS and stuff. Current average estimated wait to see eachother: about 225 days, then flying time.

3. IR-1/CR-1: I go to Japan, get married, come back and file I-130. Wait a long time probably. Average right now on this site says 441 days... a really long time, but then once it's done she arrives here as a permanent resident, and able to work, so everything is pretty much done.

When I was talking to her last night, we kind of felt that her coming here for just the wedding might not work because she would have lots of trouble showing "proof" of her intent to return to japan at the end of her visit (she has been here going to school for the past two years... doesn't really have anything going on in japan right now. Her parents and sister are there, but she has no job, no house, no college or anything. So she couldn't bring any documented proof of her intent to return). However, i may be overthinking that a bit... like you said in your last comment, pushbrk, she could just say she was here for a friend's or family member's wedding... Plenty of people come here (especially from Japan to Hawaii) every single day. I don't think it would be that big of a problem.

Nonethelesss, i think we may go the K-1 route... I keep jumping back and forth (and I'm really sorry my posts keep ending up so long... i think i am really just trying to get my thoughts out and organized... bleh), but today I am kind of back on the K-1 visa route mentality again. The IR-1/CR-1 sounds good because everything would (pretty much) just be finished once it went through... But it's just so long to wait... Just waiting the 6-7 months for the K-1, and then bringing her here and going through everything else together... That just sounds the best right now. Fastest. Easiest. And we can do everything together once she arrives (gathering documents, planning, etc). So 6 months of doing our own thing and waiting around, talking on MSN at night time, missing eachother, (planning the wedding)... Then together from then on.

Still open to any other comments, but for now (today at least... or until i talk to her again tonight, at least), i think i'm kind of settling on the K-1 route.

Once again, thank you to everyone that helped me figure this out!!!!! Good luck to everyone!!!

[ApprovalPlease 0]

thank you everyone very much for the ongoing discussion!

pushbrk, thank you for the posts! After seeing your posts all around the site, i was hoping that you would comment on mine... and you did! it is a little disheartening that what you had to say went in the opposite direction from what others were saying, but thank you still!!

Don't worry, i don't plan to go the "visa fraud" route.... although that was (unknowingly) our original plan, we don't really want to go through the risks... we want to do things right so there is less stress. Plus i'm a bad liar and don't have 5 years to waste in prison.

Anyway, here's where i'm at right now... i had originally read through all the guides (a few times each) and tons of posts before i decided to make my own post. But at the end of reading, not enough had stuck in my brain to really feel like i knew what i was doing (so i posted). Since then though, i have read through them countless more times and tried to kind of sum them up for myself...

1. K-1: I send in I-129F, we wait, she goes to interview, comes here gets married. Then AOS and other stuff. Average wait time to see eachother (based on current overall average FILING TO INTERVIEW processing times listed on this site): about 192 days, then flying time.

2. K-3: I go to Japan, get married, come back and file I-130. Wait. File I-129F. Wait. Probably the I-129F will go through first and she can come here, then do AOS and stuff. Current average estimated wait to see eachother: about 225 days, then flying time.

3. IR-1/CR-1: I go to Japan, get married, come back and file I-130. Wait a long time probably. Average right now on this site says 441 days... a really long time, but then once it's done she arrives here as a permanent resident, and able to work, so everything is pretty much done.

When I was talking to her last night, we kind of felt that her coming here for just the wedding might not work because she would have lots of trouble showing "proof" of her intent to return to japan at the end of her visit (she has been here going to school for the past two years... doesn't really have anything going on in japan right now. Her parents and sister are there, but she has no job, no house, no college or anything. So she couldn't bring any documented proof of her intent to return). However, i may be overthinking that a bit... like you said in your last comment, pushbrk, she could just say she was here for a friend's or family member's wedding... Plenty of people come here (especially from Japan to Hawaii) every single day. I don't think it would be that big of a problem.

Nonethelesss, i think we may go the K-1 route... I keep jumping back and forth (and I'm really sorry my posts keep ending up so long... i think i am really just trying to get my thoughts out and organized... bleh), but today I am kind of back on the K-1 visa route mentality again. The IR-1/CR-1 sounds good because everything would (pretty much) just be finished once it went through... But it's just so long to wait... Just waiting the 6-7 months for the K-1, and then bringing her here and going through everything else together... That just sounds the best right now. Fastest. Easiest. And we can do everything together once she arrives (gathering documents, planning, etc). So 6 months of doing our own thing and waiting around, talking on MSN at night time, missing eachother, (planning the wedding)... Then together from then on.

Still open to any other comments, but for now (today at least... or until i talk to her again tonight, at least), i think i'm kind of settling on the K-1 route.

Once again, thank you to everyone that helped me figure this out!!!!! Good luck to everyone!!!

Well if you girlfriend is coming here on tourist visa, let her come she can stay here for 6 months. Apply for k1 (fiance visa) after she arrives, it probably will get approved by the time her tourist visa period is over, she can go back attend the interview and come back.

That way you guys get to be together during most of the process. I don't think there is anything illegal in what I suggested. Correct me if I am wrong.

[pushbrk 12,876]

thank you everyone very much for the ongoing discussion!

pushbrk, thank you for the posts! After seeing your posts all around the site, i was hoping that you would comment on mine... and you did! it is a little disheartening that what you had to say went in the opposite direction from what others were saying, but thank you still!!

Don't worry, i don't plan to go the "visa fraud" route.... although that was (unknowingly) our original plan, we don't really want to go through the risks... we want to do things right so there is less stress. Plus i'm a bad liar and don't have 5 years to waste in prison.

Anyway, here's where i'm at right now... i had originally read through all the guides (a few times each) and tons of posts before i decided to make my own post. But at the end of reading, not enough had stuck in my brain to really feel like i knew what i was doing (so i posted). Since then though, i have read through them countless more times and tried to kind of sum them up for myself...

1. K-1: I send in I-129F, we wait, she goes to interview, comes here gets married. Then AOS and other stuff. Average wait time to see eachother (based on current overall average FILING TO INTERVIEW processing times listed on this site): about 192 days, then flying time.

2. K-3: I go to Japan, get married, come back and file I-130. Wait. File I-129F. Wait. Probably the I-129F will go through first and she can come here, then do AOS and stuff. Current average estimated wait to see eachother: about 225 days, then flying time.

3. IR-1/CR-1: I go to Japan, get married, come back and file I-130. Wait a long time probably. Average right now on this site says 441 days... a really long time, but then once it's done she arrives here as a permanent resident, and able to work, so everything is pretty much done.

When I was talking to her last night, we kind of felt that her coming here for just the wedding might not work because she would have lots of trouble showing "proof" of her intent to return to japan at the end of her visit (she has been here going to school for the past two years... doesn't really have anything going on in japan right now. Her parents and sister are there, but she has no job, no house, no college or anything. So she couldn't bring any documented proof of her intent to return). However, i may be overthinking that a bit... like you said in your last comment, pushbrk, she could just say she was here for a friend's or family member's wedding... Plenty of people come here (especially from Japan to Hawaii) every single day. I don't think it would be that big of a problem.

Nonethelesss, i think we may go the K-1 route... I keep jumping back and forth (and I'm really sorry my posts keep ending up so long... i think i am really just trying to get my thoughts out and organized... bleh), but today I am kind of back on the K-1 visa route mentality again. The IR-1/CR-1 sounds good because everything would (pretty much) just be finished once it went through... But it's just so long to wait... Just waiting the 6-7 months for the K-1, and then bringing her here and going through everything else together... That just sounds the best right now. Fastest. Easiest. And we can do everything together once she arrives (gathering documents, planning, etc). So 6 months of doing our own thing and waiting around, talking on MSN at night time, missing eachother, (planning the wedding)... Then together from then on.

Still open to any other comments, but for now (today at least... or until i talk to her again tonight, at least), i think i'm kind of settling on the K-1 route.

Once again, thank you to everyone that helped me figure this out!!!!! Good luck to everyone!!!

Well if you girlfriend is coming here on tourist visa, let her come she can stay here for 6 months. Apply for k1 (fiance visa) after she arrives, it probably will get approved by the time her tourist visa period is over, she can go back attend the interview and come back.

That way you guys get to be together during most of the process. I don't think there is anything illegal in what I suggested. Correct me if I am wrong.

Thanks for the kind words and confidence.

I tend to agree that the K1 is a good route for you if it also fits your personal priorities. If she can come and visit, all the better.

One correction. If you go the K3 route, you no longer need to wait to file the I-129F. You can file both petitions together in the same envelope because they'll end up at the same service center. Your I-130 petition and check for the fee, in the same envelope is the proof you filed the I-130. That proof, was the whole reason for waiting, under the old policies.

I would also check the CR1 timelines specific to Japan rather than applying the VJ average for all countries.