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My girlfriend is coming for an extended stay in the states. We are planning on getting married eventually, and my plan at this point is that we will get engaged and sign the papers while she is here. After the trip, she will return to Japan for the 4-6 months it takes to get a green card. The other option is for us to get engaged, her to return to Japan, apply for a fiance visa, return to the states, and THEN get married and apply for a green card while she is living here. Does my plan sound reasonable (and legal)? It just seems to me that, since she is going to return to Japan anyways, it makes sense to skip the fiance visa altogether.
She can come for an extended stay, anytime. If by "sign the papers" you mean get married, then that means she should return to Japan and you apply for a spousal visa. She can not apply from the USA, (because she did not enter on a visa that permits her to adjust status) once you apply the process does not take 4 - 6 months, but takes 10 to 14 months. Your best approach is to file for a fiancee visa just as soon as you have met the eligibility requirements (ie genuine relationship, face to face meeting, both are free to marry). The fiancee visa K1 process takes only 5 to 7 months. You file in the USA, and she attends a medical and interview south-carolina JAPAN at the END of the 5 - 7 months. Once she gets the visa she can come to the USA, you marry, then apply for her green card. AT that point the green card would take only 4 -6 months to be granted (because she is eligible to apply because she entered on the correct visa). Here is how the K1 process works: What you should apply for is called a Fiancee or K1 visa. Once approved your foreign Fiancee will be allowed to LEGALLY enter the USA for the purpose of marrying you, then permanently remaining in the USA. There are a lot of details involved. I have recorded a series of videos that explain the process: summarize. First of all you have a real courtship and relationship and you both intend to get married. Then check that you both meet the eligibility requirements: You are a US citizen. You both are currently 'free to marry'. You earn over $15,130 annual income. You have met each other 'face to face' at least once, during the past two years. You will have to 'prove' that you have a real, genuine, 'bone fide' relationship. You do this by presenting copies of correspondences, photos, letters, plane tickets, etc. You should make sure that you build from the start a solid 'paper trail' of the communications of your relationship. This means itemized telephone records, emails, instant messages, voip calls, snail mail, packages. If you use prepaid telephone cards make sure yours gives you an itemized call list or find a different card to use.. When traveling to visit your fiancee, take plenty of photos, vary the shots, locations, wardrobes. Meet her family, and friends. Document with photos. Turn date stamping on. Don't move too quickly. Couples who instantly fall in love and get engaged or married may be suspected of fraud. Go slowly, build your relationship. Once your relationship gets serious, don't let too much time elapse between trips to meet each other "Face to Face". The longer the separation, the more suspect the relationship is. I recommend travel to meet with your Fiance at least every 6 to 9 months. Once your relationship has progressed, you have made 1 or more trips, and you have abundant proof of your relationship. Then You apply for the visa, to USCIS, Homeland Security. Then about 5 to 7 months later she will be asked to come to the US embassy for her interview. If all goes well she will be granted your visa, come to the USA and you can then marry. Once you marry, she applies for his Green Card and then can remain together with you permanently in the USA. Costs: $340 Fiancee visa filing fee, when You originally apply to USCIS $200 medical exam fee, just prior to her interview $240 Visa application fee, just prior to her interview Best Fred Wahl Matchmaker
Since she's going to return to Japan just get married and let her return when the time comes. You file a spouse petition for her (I-130, I-864 and G-325A) about 3 months before she returns. Make sure she leaves the USA on time and does not overstay.