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Here's the story --- you be the judge ...

Here's the story --- you be the judge ...

Old Aug 3rd 2002, 6:20 pm
  #1  
Tamon Yanagimot
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Posts: n/a
Default Here's the story --- you be the judge ...

OK ... I have posted before , but tonight my fiance and I had a long, tough, BUT
productive conversation and kind of came with an idea of what we should
do.

First the backround:

I am a green card holder but am a Canadian citizen. I have been a green card
holder since 1997 and have already applied for U.S. citizenship (paperwork was
sent in may 2002).

1. So ... I met my fiance in 1999 in japan while I was working there. I popped the
question in april 2001.
2. In August 2001 my contract in Japan ended and I had to return. I moved to seattle
where I am currenly living.
3. In January 2002 she came to visit me for one week (she was on a visa waiver)
4. In may 2002 she came to visit me for three months (she is here until august 29th)
(visa waiver)

So, here is what we are thinking....

We are thinking to get married in Japan. Japan is a very easy place to get married
and it could be done without too much hastle. Then I would procede to file for a k3
visa. The problem is that because I am a GC holder (at the moment) that my wait time
for a k3 visa will be like 6 years. However, I was advised by a lawyer that once my
citizenship comes through, that the status of my application would change immediately
because she would then be the spouse of a US citizen.

So, while she is waiting for the K3 visa, is she able to come an visit me or is she
completely stuck in Japan until the visa is issued? She is willing to come and visit
me as much as she can if it is legal to do so.

Because I don't know when my citizenship will come through, we cannot make plans to
do anything else. It is causing us a lot of stress! What should we do?? Are we on the
right path??

We understand that these things take time, but we also want to do what is right and
what will get us together as efficiently and as LEGALLY as possible!

please offer any 'constructive' advice that you can ....

Tamon & Yukako

If you can, reply to me offlist because I don't know when I will be checking this
list again. My e-mail address is: [email protected]

Tamon Yanagimoto [email protected]
 
Old Aug 3rd 2002, 10:20 pm
  #2  
Squire
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Posts: n/a
Default Re: Here's the story --- you be the judge ...

In article <[email protected]>, Tamon Yanagimoto
<[email protected]> writes
    >OK ... I have posted before , but tonight my fiance and I had a long, tough, BUT
    >productive conversation and kind of came with an idea of what we should
    >do.
    >
    >First the backround:
    >
    >I am a green card holder but am a Canadian citizen. I have been a green card
    >holder since 1997 and have already applied for U.S. citizenship (paperwork was
    >sent in may 2002).

I read this as inferring 5 years (minus 90 days) Permanent Resident status - which
would normally satisfy the immigration laws.

    >1. So ... I met my fiance in 1999 in japan while I was working there. I popped the
    > question in april 2001.
    >2. In August 2001 my contract in Japan ended and I had to return. I moved to seattle
    > where I am currenly living.

However, if you were in Japan continuously from 1999 to August 2001 this appears to
disrupt the 'continuance residence' requirement.

<http://www.ins.usdoj.gov/graphics/services/natz/English.pdf>

What if I was outside the United States for 1 year or longer? In almost all
cases, if you leave the United States for 1 year or more, you have disrupted
your "continuous residence". This is true even if you have a Re-entry Permit.

If you leave the country for 1 year or longer, you may be eligible to
re-enter as a Permanent Resident if you have a Re- entry Permit. But none of
the time you were in the United States before you left the country counts
toward your time in "continuous residence".

Fortunately, if you return within 2 years, some of your time out of the
country does count. In fact, the last 364 days of your time out of the
country (1 year minus 1 day) counts towards meeting your "continuous
residence" requirement.

    >3. In January 2002 she came to visit me for one week (she was on a visa waiver)
    >4. In may 2002 she came to visit me for three months (she is here until august 29th)
    > (visa waiver)
    >
    >So, here is what we are thinking....
    >
    >We are thinking to get married in Japan. Japan is a very easy place to get married
    >and it could be done without too much hastle. Then I would procede to file for a k3
    >visa. The problem is that because I am a GC holder (at the moment) that my wait time
    >for a k3 visa will be like 6 years. However, I was advised by a lawyer that once my
    >citizenship comes through, that the status of my application would change
    >immediately because she would then be the spouse of a US citizen.
    >
    >So, while she is waiting for the K3 visa, is she able to come an visit me or is she
    >completely stuck in Japan until the visa is issued? She is willing to come and visit
    >me as much as she can if it is legal to do so.
    >
    >Because I don't know when my citizenship will come through, we cannot make plans to
    >do anything else. It is causing us a lot of stress! What should we do?? Are we on
    >the right path??
    >
    >We understand that these things take time, but we also want to do what is right and
    >what will get us together as efficiently and as LEGALLY as possible!
    >
    >please offer any 'constructive' advice that you can ....

I cannot see any advantage (to her immigration process) to be gained by marrying
prior to your obtaining US citizenship. If anything, it could result in a denial at
the POE or impede any application for a student visa which you said you were
considering as an option in an earlier post.

    >Tamon & Yukako
    >
    >If you can, reply to me offlist because I don't know when I will be checking this
    >list again. My e-mail address is: [email protected]

Its usual practice to "Ask on usenet, reply on Usenet"

Reasons?

a) anyone giving you an incorrect response may have their advice improved upon by a
subsequent poster. This could be to your advantage.

b) someone else may be seeking the same or similar help and would obviously not be
able to view an emailed answer. This helps reduces unnecessary and duplicated
questions.

--
squire
c: because it messes up the order of things
d: why is top posting bad?
 
Old Aug 4th 2002, 1:58 am
  #3  
Concierge
 
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Default Re: Here's the story --- you be the judge ...

There is nothing to judge. Squire is correct in pointing out the residency requirements for the naturalization. Did you consult with an attorney before you applied to determine if you did indeed meet the residency requirements for naturalization. Also since you were out of the US for over a year, did you re-enter the US with the aid of a re-entry permit. If not, the US might and it is might determine that you had abandoned residency by living and working outside of the US ~without~ permission.

As for marriage and your status, to marry in Japan at the moment would mean that your wife would have difficulty in making the agent at the POE believe that she is just here to visit. She would be viewed as having immigration intent based on her marriage to you. As for the K-3's the posters here can tell you that without exception those applying for K-3 whose spouses are not living in Canada are seeing wait times longer than the timeline for processing an I-130 through the US and then the Consulate.

You might want to look into doing Direct Consular Filing in Japan when you are able to marry after you become a US Citizen. That would be the quickest and easiest route for your then wife to go.

So much hinges on your naturalization.

Rete
Rete is offline  
Old Aug 4th 2002, 4:20 am
  #4  
Tamon Yanagimot
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Posts: n/a
Default Re: Here's the story --- you be the judge ...

REad responses below ...
--
Tamon Yanagimoto [email protected]

"Rete" <[email protected]> wrote in message
news:[email protected]...
    > There is nothing to judge. Squire is correct in pointing out the residency
    > requirements for the naturalization. Did you consult with an attorney before you
    > applied to determine if you did indeed meet the residency requirements for
    > naturalization. Also since you were out of the US for over a year, did you re-enter
    > the US with the aid of a re-entry permit. If not, the US might and it is might
    > determine that you had abandoned residency by living and working outside of the US
    > ~without~ permission.

Yes, I did consult an attorney and yes I re-entered twice with a re-entry permit -
both times before I was gone for one year. My attorney advised me of my situation and
explained the burdon of proof was on me to prove that I did not plan to abandon my
residency here in the U.S.. So, my file was a little thicker than most because it
included extra documents to try and prove that. Based on my situation, the attorney
(in his professional opinion), said he thought I had a made pretty compelling
arguement. So, YES, I understand that ALOT hinges on my citizenship which is driving
me insane.

    >
    > As for marriage and your status, to marry in Japan at the moment would mean that
    > your wife would have difficulty in making the agent at the POE believe that she is
    > just here to visit She would be viewed as having immigration intent based on her
    > marriage to you.

This was what I was thinking as well. The last thing I want is for her to be denied!
If I was the agent at the POE, I would be very suspious as well. I guess she should
just continue to visit me as much as she can.

As for the K-3's the
    > posters here can tell you that without exception those applying for K-3 whose
    > spouses are not living in Canada are seeing wait times longer than the timeline for
    > processing an I-130 through the US and then the Consulate.
    >

    > You might want to look into doing Direct Consular Filing in Japan when you are able
    > to marry after you become a US Citizen. That would be the quickest and easiest
    > route for your then wife to go.
    >
    > So much hinges on your naturalization.
    >
    > Rete

Thanks for the feedback, hmmm .... not sure what to do from here!!!!!!!!!!! SIGH!!!!
    >
    >
    >
    > --
    >
    >
    >
    > Posted via http://britishexpats.com
 

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