There are three options to immigrating a Spouse of a US Citizen to the United States:
Lets dive into a brief understanding of the three options:
The CR-1/IR-1 Visa is the most likely option if you married your Japanese spouse in Japan. This visa is commonly referred to as “Consular Processing,” which both the Tokyo US Embassy and the Naha US Consulate would assist in this visa process.
The process is commonly referred to as a 2-Step process; however, it is better understood in the following phases:
General Government Cost (as of May 29 2020): $1200
Average Processing Time (as of May 29 2020): 10 to 12 months
The Adjustment of Status process depends heavily on the type of visa used to enter into the US and generally marriage to occur in the United States. More information on the Adjustment of Status, the following blog Post would be helpful:
General Government Cost (as of May 29 2020): $1760
Average Processing Time (as of May 29 2020): 3 months to 5 years depending on USCIS Jurisdiction
A K-3 Spousal Visa filing can be a confusing process. To start, the K-3 is “fading,” meaning it has become a less popular and less utilized visa option. In Fiscal Year 2017, only 15 K3 Visas were issued. More statistics on the K-3 Visa can be found below:
HOWEVER!!!! This option may be more beneficial than the CR-1/IR-1 Visa. It is essentially the K-1 Fiance Visa process that merges the above (1) Consular Process CR-1/IR-1 Visa and (2) Adjustment of Status process, but has two main benefits:
Downside: The overall immigration process can be significantly longer.
General Government Cost (as of May 29 2020): $2205
Average Processing Time (as of May 29 2020): 1 year to 6 years
The K-3 Visa has 3 steps:
How many Interviews are there under the K-3 Visa?
There are generally 2 interviews.
Immigrant visas (CR-1/IR-1/K-1/K-3) to the United States are processed for citizens and residents of Japan at either the US Embassy in Tokyo or the US Consulate in Naha.
Tokyo Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/TKY-Tokyo.html
Naha Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/NHA-Naha.html
The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.
If the filing is processing slowly, the USCIS Website has an electronic request submission feature that would ask for a USCIS Officer to look into the matter and see what is the delay. The link to that submission feature should be used after checking the average processing time. It is not possible to submit a request early. Only requests outside of normal processing time are able to use the following Electronic Request Submission link: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt
Our office has an Immigration Checklist here: /immigration/immigration-checklist-what-our-law-office-generally-recommends/
Many believe the baby or newborn would need a visa to enter the US. Although an Immigrant Visa is available for children, any children of US Citizens should determine whether the baby would acquire US Citizenship at birth.
The CRBA Process (More info found here: /immigration/children-born-abroad-how-to-get-citizenship-from-parents/ ) registers the birth in Japan, whichever US Embassy or Consulate is more convenient or available:
More Information found here: https://jp.usembassy.gov/u-s-citizen-services/child-family-matters/birth/
The CRBA Process provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.
If you require assistance with the immigration process, please consider contacting our office to set up a consultation with our Immigration Attorney.
Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The post U.S. Citizen’s Guide to Immigrating a Japanese Spouse to the United States appeared first on Fickey Martinez Law Firm.
DISCLAIMER – The information does not constitute legal advice and please be aware that neither this website nor the use of information from this website creates an attorney-client relationship.
© 2021 Fickey Martinez Law Firm. All Rights Reserved.
This website has been built to be accessible for all users. If you experience any difficulty in accessing this website, please contact us for assistance.