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Fiance is a Japanese Citizen - Should I apply for a K1?

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  • Fiance is a Japanese Citizen - Should I apply for a K1?

    Hello everyone. This is my first post so thank you for your help. I am a natural US citizen, and I am dating a Japanese citizen. We are a same-sex couple, but with Obergefell v. Hodges, I understand that it is not relevant anymore.

    I am a graduate student in the US, while my partner is living with family and working full-time in Japan. We have been dating for 3 years.
    I will be graduating in May 2019, and I would like to begin the process for him to immigrate to the US so we can finally live together. He and his family are planning to visit the USA to attend my graduation in May 2019, and my family will also be attending. We have discussed getting married at this time, because it would be the rare occassion when both of our families would be present.

    As I understand it, I can apply for a K1 visa, but it can only be used once. It takes about 6 months to process it. If I am planning to get married in May, I should apply soon for the K1 visa to ensure that the timing works out. However, my partner is planning on visiting me and my family in the USA for Christmas (late December to early January). This is the time I was intending to "officially" propose, with a ring and all.

    My partner has a full-time job in Japan and would not be able to immediately immigrate to the USA in May 2019. He would be able to physically move to the US in April 2020 or later. This would mean we would get married in May 2019, he would return to Japan and wait to get a green card so he could move to the US.

    So, here are my questions.

    1. Can my partner still visit me in the US in December if I have begun the K1 visa application prior to that? (such as in November)
    2. Do I even need a K1 visa? I read online that many people get married on tourist visas and then return to their home country while their US citizen spouse files a I-130 to get them a green card.
    3. If you enter on a K1 visa, get married, can you then return to your home country and wait while the US citizen spouse files the I-130?

    Sorry for these questions, I am sure they have been answered before but I am quite confused. If it helps, Japan is a country part of the ESTA agreement. Thank you all for your help again.

  • #2
    Originally posted by michelangelo72 View Post
    Hello everyone. This is my first post so thank you for your help. I am a natural US citizen, and I am dating a Japanese citizen. We are a same-sex couple, but with Obergefell v. Hodges, I understand that it is not relevant anymore.

    I am a graduate student in the US, while my partner is living with family and working full-time in Japan. We have been dating for 3 years.
    I will be graduating in May 2019, and I would like to begin the process for him to immigrate to the US so we can finally live together. He and his family are planning to visit the USA to attend my graduation in May 2019, and my family will also be attending. We have discussed getting married at this time, because it would be the rare occassion when both of our families would be present.

    As I understand it, I can apply for a K1 visa, but it can only be used once. It takes about 6 months to process it. If I am planning to get married in May, I should apply soon for the K1 visa to ensure that the timing works out. However, my partner is planning on visiting me and my family in the USA for Christmas (late December to early January). This is the time I was intending to "officially" propose, with a ring and all.

    My partner has a full-time job in Japan and would not be able to immediately immigrate to the USA in May 2019. He would be able to physically move to the US in April 2020 or later. This would mean we would get married in May 2019, he would return to Japan and wait to get a green card so he could move to the US.

    So, here are my questions.

    1. Can my partner still visit me in the US in December if I have begun the K1 visa application prior to that? (such as in November)
    2. Do I even need a K1 visa? I read online that many people get married on tourist visas and then return to their home country while their US citizen spouse files a I-130 to get them a green card.
    3. If you enter on a K1 visa, get married, can you then return to your home country and wait while the US citizen spouse files the I-130?

    Sorry for these questions, I am sure they have been answered before but I am quite confused. If it helps, Japan is a country part of the ESTA agreement. Thank you all for your help again.
    1. He can try. There is always the risk they will deny him entry due to immigrant intent.
    2. No, it's perfectly fine for him to enter on a tourist visa (or, since he is Japanese, enter on VWP) to marry and then leave.
    3. Sure, but then you wasted all the money and time that you spent to go through the K1 process.

    This is my personal opinion and is not to be construed as legal advice.

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