Another advice seeker!

[reheisler 0]

OK, here goes...this very same thing has probably been written on here 1 million times, but I want to lay my scenario out there for any advice people have based on similar experiences, etc.. Nothing crazy, or unusual to it at all, just want some thoughts.

I met my girlfriend (at this point I have not officially asked the question, I am waiting for the right moment/occasion in a couple weeks, although we have discussed this all at great length allready...) about a year and a half ago when she was here visiting Seattle from Japan. We started our relationship at that time, visiting each other over the next several months back and forth. Early this year she wanted to come here more long term, to be together more full time, and to attend a language academy here to improve her English to a level where she can get a job here equivalent to what she had in Tokyo. We have been living together while she is here on her student Visa, and we are now ready to take the next step in our process over marriage/visa etc.

As it all stands now, she is here attending school on student visa, and living with me at my place. I am long term/full time employed with the same company. She resigned form her company to come here and study. Currently, an "unemployed student". As things stand now, she was planning on going back to Tokyo for a semester break from November until about February to work for her former company again and restock the savings she has been using for school tuition, expenses etc. But after that, questions arise. We want to get on with our future together. Any ideas on what the best case scenario is for us? We both know there are going to be some long waits ahead, etc. and are prepared to deal with it. We just want to do this in the smartest, most efficient way possible. No tricky explanations. We met, fell in love, have been together for a while, and want to make it permanent. Now what?

My first questions...

What is the most common route people choose in all this, generally speaking? K1, k3?

Does she have to forfeit her student visa immediately upon our beginning any of this process? Can she still attend school here while we are processing our visa application? Is she basically relegated to being in Japan without being able to visit here for this whole process? I can still travel there to visit my fiance for relatively short-time stays, same as before, as long as I have a return ticket, job waiting, etc.? We just want to be able to, at the least, go back and forth for visits during the processing? Does applying mean you`re both immediately locked apart until complete?

I have heard that my potentially going to Japan for 6 months could speed everything along. If I were to be employed while there (Eng teacher or something) and have a job waiting when I returned? This little concept I am very unclear about.

Is there any real benefit to using an immigration attorney or agency? Does that speed anything up or make anything easier?

We want to get married in Japan, in her hometown. Should we do this sooner or later? Which makes the whole thing easier?

Thanks in advance.

I hope this leads to some productive conversation and good advice to help us along.

Richard in Seattle

[pushbrk 13,073]

My first questions...

What is the most common route people choose in all this, generally speaking? K1, k3?

The most common "visa" route is K1 but that is for people who plan to marry in the US. It doesn't work if you get married in Japan instead.

Next idea would be to marry now, while she's here and simply adjust status. She didn't enter with plans to immigrate on the basis of marriage, so it's legal but still doesn't fit your desire to marry in her home town.

If marriage in her home town is a critical priority, you are left with CR1 or K3, the spouse visas.

Does she have to forfeit her student visa immediately upon our beginning any of this process? Can she still attend school here while we are processing our visa application? Is she basically relegated to being in Japan without being able to visit here for this whole process? I can still travel there to visit my fiance for relatively short-time stays, same as before, as long as I have a return ticket, job waiting, etc.? We just want to be able to, at the least, go back and forth for visits during the processing? Does applying mean you`re both immediately locked apart until complete?

She can stay as long as she is within the terms of her visa.

I have heard that my potentially going to Japan for 6 months could speed everything along. If I were to be employed while there (Eng teacher or something) and have a job waiting when I returned? This little concept I am very unclear about.

Yes, you could do that and file your I-130 for a CR1 visa, directly with the Consulate there. It's called DCF. See the Guides or details.

Is there any real benefit to using an immigration attorney or agency? Does that speed anything up or make anything easier?

It does not speed things up but errors on your or an attorney's part can slow things down.

We want to get married in Japan, in her hometown. Should we do this sooner or later? Which makes the whole thing easier?

Sooner is sooner. If sooner is easier for you then, yes.