Mickyroy

Hellooo from Japan!!!

I have a question regarding the K-1 application process.
My fiance and I have been living and working in Japan as English teachers for the last 4 years.
Basically, I am British and my fiance is American. After meeting in Japan 4 years ago, we are still living here....but have decided to return to the US to get married and settle down in August 2003
In short, we would like to go through the K-1 visa process here in Japan without me having to go back to london as we are both working full time just outside Tokyo.

So.....I guess this is my question......is it possible for a British guy to go through the K-1 Visa process via the US embassy in Tokyo in order to get a fiance visa to get married in the US?
Any help you can give me on this matter would be much appreciated!
Many thanks and a big CHEERS!!!! MARK.

Folinskyinla

Hi:

Your beloved will have to file the K-1 petition in the US -- probably at her place of last residence -- THEN you can do the K-1.

However, given the fact you are both legally [I presume] residing in Japan -- if you get married now, you can do the entire thing in Japan -- look up what people call "DCF".

A lot of the discussion of DCF focuses on when the US spouse can travel abroad for purpose of getting married and then do everything abroad. Technically speaking, that is stretching the rules quite a bit -- but if the US spouse LIVES abroad, it can be done. However, there are problems with the I-864 -- but that's another story.

Mickyroy

Thanks for the reply Folinskyinla!

To be honest I'm pretty confused ....so absolutely any help that you can give me would be great! In answer to your question....yes...my fiance and myself are residents here in Japan and are due to finish our jobs at the same time in early August 2003.

In your message.....are you saying that it would be easier for us to just get married here in Japan before we leave? We could do that I guess......its just that we were kind of hoping that we could tie the knot at a big official family wedding in the US. Would it therefore be possible for us to sort out a K1 fiance visa via the US embassy in Tokyo before we leave Japan in August 2003.....and then get married in the 3 month period when we reach the states?

At the moment, we are in the process of sending the petition to the address in the US.....then I guess we will have to wait for them to reply. At the moment though.....I am trying my best to get an answer either way on if I can stay in Japan and go through the K1 process here or if I will have to return to my home country (UK) in August in order to complete the process. We need to write the precise embassy we will use on the petition form before we send it out....so it is a pretty important issue for us at the moment! In the event that I can go through the K-1 process with the US embassy in Tokyo...then I will stay in japan working until the time when my visa is issued and then move to the US to meet my fiance.

I look forward to any advice you can give me regarding our rather unusual situation!

Once again...thanks so much for your help on this matter!

Cheers!!!

Mark.

Just Jenney

Here's my take on it...

1) You've mentioned your plan to go to the States in August and remain there after marriage. August is only 3 months away, which may not be enough time for you to go through the entire K-1 process. That's even if you go through Vermont -- though some people get through everything in 3 months, it doesn't always work out that way.

For instance, Mark and I went through Vermont and then London (also known for being quick), with no complications, RFEs or anything. It *still* took 5 months from start to finish. In your case, you'd been cutting it *very* close if you want to get back by August -- and there are no guarantees, of course.

2) With what little I know about the subject, I agree with Mr. F about doing DCF (Direct Consular Filing) in Tokyo. This would require you to marry in Japan but it apparently takes *a lot* less time and hassle than does a K-3 or even a K-1. From my understanding, getting everything sorted by DCF takes about 3 months, which fits into your timeframe.

3) As far as having a big family wedding when you get to the States, it might be difficult to do this if you decide to go the K-1 route. That's because you have no way of knowing if you'll actually get the visa by August. But you can do what a lot of people on here do: Get married (in Japan) and then still have the big wedding when you get back to the States. The Japan marriage would be a legal formality, while the American wedding would be the celebration of that legal formality.

Some people have done something similar to this (get married civilly then celebrate later) without even telling people that by the time of their wedding they were already married. NG regular Caro is a prime example of this -- she's written about it several times, you could do a search to read her story. No one needs to know that you're technically already married. Getting married civilly in Japan would be a means to an end: that is, relocating to the States as soon as possible.

4) I was an English teacher before, in Chile, and I remember scraping by on my low income -- about $500/month. Obviously I have no idea how much English teachers in Japan earn, but does your fiancee make enough to meet the 125% minimum income level? (For a household of two, that's $15,500/yr gross income.) She would need to do so in order to meet the I-134 Affidavit of Support requirements for the K-1, or for the I-1864 Affidavit of Support for DCF. If she doesn't, she'll need a co-sponsor who does.

Overall, if I were you, I suppose my biggest concern would be the timeframe involved. In your shoes, I would just be very hesitant to assume that I'd get the K-1 visa by August. Maybe you will, but you'd have to be very lucky and have no hiccups at all for that to happen. Just my two cents...

Best of luck...

~ Jenney