Marriage is very beautiful and meeting the love of your life abroad can be difficult. The K-1 Fiance Visa process can be daunting. This post will discuss the specific needs to have a Japanese Fiance immigrate to the United States.
A US Citizen may not be knowledgeable about US Visa laws and how to start the process. This post is to guide the US Citizen after proposing. If you wish to consider the marriage in Japan route, the following post may be beneficial:
In order to make navigation easier, the following items can be clicked for a drop-down to occur:
The Fiance Proces has three (3) Steps:
For the three Steps, processing times can be broken down as the following estimates:
Our office has an Immigration Checklist here: https://www.fickeymartinezlaw.com/immigration-checklist/
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.
Many believe the baby or newborn would need a visa to enter the US. However, any children of US Citizens may already be US Citizens and should use a US Passport for travel.
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.
Technically, No! ESTA is for a temporary visit to the US, and if avoidable, ESTA should not be used to permanently move to the US.
What if ESTA was used?
The Foreign Fiance or Spouse would experience many months of “waiting.” Adjustment of Status is slow, anywhere from 3 months to 3 years depending on the state. A long wait time, not having a driver’s license, and not being able to work can make the “ESTA USAGE” undesirable compared to just entering the US with a Green Card Visa.
Additionally, use of a “non-immigrant travel item” is 100% polar opposite to “immigration.” The US Government can bar and punish the misuse of ESTA, a non-immigrant item, when someone intends to Immigrate. CR-1/IR-1 and K-1 are immigration visas.
More info can be found here:
No. Make plans to start the Consular process at least 6 to 12 months in advance.
Misuse of ESTA is:
If you require assistance with the Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.
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