USA Spouse Visa Question

[AssKissinger]

I was just informed by a computer that cases like mine are taking between '990-999' days. Is that just something they tell everyone or are spousal visas taking almost 3 years these days?


They were like if you're not outside the 'process time' then don't ask any questions the case is being processed. So maybe they just give the longest time possible. Has anyone else encountered this? To any lurker or anyone, if you've dealt with this please sign on and answer.


I'm so devastated by the news and they won't help me at all. They won't even talk to me or answer a simple question. I may have to give up everything I've been doing here in the States and just go back to Japan permanently.

edited to add in case it's not clear: I'm American. My wife's JPN. She's trying to get a visa to the USA.

[Blah Pete]

990-999 days?

Geez, most couples will be divorced by then.

[inthebubble]

Being here in Okinawa and seeing many Mixed marriages (these your dumb military guys just don't learn) this time seems about right. Things became much harder since 9/11. I have a british friend that is an American citizen that is trying to get his Japanese wife a visa, they told him possibly five years.

Good luck though, I have seen a few go in a little as a year.

[Mulboyne]

I'm sorry I can't help you AK but I do recall kamome's comment in this thread:

If you are in serious need of help and are willing to pay lawyer's fees, I recommend that you contact Marcus Kosins, Esq.:

Kosins Attorney at Foreign Law Office
6th F1, Urban Toranomon Bldg., 1-16-4 Toranomon, Minato-Ku
Tokyo 105
Japan
Tel: 81355100505
Fax: 81335802348

He's a very nice guy and can at least provide a consultation on your matter so that you know whether you would need to hire him or not.

[Big Booger]

My wife got her visa in 2 years, then we moved to Japan, and she let it expire...

[AssKissinger]

My wife got her visa in 2 years, then we moved to Japan, and she let it expire...

The process took two years total from when you first filed to when she finally got it?

[Greji]

AK, I know "I told you so" assholes are what you don't need, but I just called the Embassy and they said it was a shame you didn't apply here before you left, because, with no problems, your wife's visa would have been approved in about three months max. In the states, Immigrations becomes the prime agency handling the paper work and with no problem, it will take about one year because of their backlog. This assumes she (and you) have submitted all the necessary paperwork and there are no problems that need to be further explored through interview or investigation.

Being here in Okinawa and seeing many Mixed marriages (these your dumb military guys just don't learn) this time seems about right.

As a person who met his J-wife when I was in the military and got married 36 years ago and am still married to her, I would like to ask what you are insinuating, before I tell you to go get fucked.

The US military has a program of procedures if you are marrying a foreign national. It is on the surface for security of course and most people who have to through it, bitch about it, but it actually covers all paperwork and procedures the spouse will need to accomplish for his or her green card. My wife's took about two months and it is not much longer now.

Things became much harder since 9/11. I have a british friend that is an American citizen that is trying to get his Japanese wife a visa, they told him possibly five years.

The major thing is all the paperwork, naturalization documents, previous divorce documents, all documents for any children most be collected and they have to be originals or certified true copies. This sometimes takes time, but in your friend's case, if he is a citizen and they told him five years, there is some other problem.

[Adhesive]

My wife and I married in Japan in 2002. She applied for her visa while in Japan at the American embassy in Tokyo. It took less than 3 months to get her greencard.

Like mentioned, you shouldn't apply here in the States; it's a mess and will take a long time. It's one of those things more people should know but usually don't. Good luck.

[cstaylor]

I'm so devastated by the news and they won't help me at all. They won't even talk to me or answer a simple question. I may have to give up everything I've been doing here in the States and just go back to Japan permanently.

You should move back to Japan long enough to get the paperwork settled, then return.

[L S]

AK - I am going throught the same thing. I am back in US now, but my fiance is in Japan. She has a travel bar to the US due to a previous visa overstay violation. We are getting married in Vancouver BC this month and will file for a spouse visa to start with.
I have talked to MANY immigration attorneys...most gave me totally different answer from the others.
I finally found a very reliable firm in Portland OR that I am now using. They told me we will file here, but paper work will be processed in Japan by Homeland Security at the embassy. Their prediction is that we can get an action response within 3-5 months of filing.
In our case it is just beginning of a 1 -2 year journey to get through her other immigration problems, but in your case I am confident you can get things worked out sooner. My advise is to get a good attorney, it is worth the money and will help reduce your collective stress...assumign you have a GOOD attorney. Kamome's advice I think agrees with this...and he is a legal guy himself (Sorry Kamome...blew your cover!)

Let me know if you want to commiserate or if you want me to share any info from my attorneys.
Best of luck!

[Big Booger]

My wife got her visa in 2 years, then we moved to Japan, and she let it expire...

The process took two years total from when you first filed to when she finally got it?

Yep. We filed in 1999 and she got her visa in 2001, after which we left for Japan, in August of 2001. (our plans changed in the middle of 2001, and we decided to move to Japan).

She then let it expire so now if we go back, were stuck in the same situation...

[sludge]

I just got a US immigrant Visa (Green Card) for my J-Wife.
Start to finish it took less than 4 months.

[GuyJean]

AK - I am going throught the same thing. I am back in US now, but my fiance is in Japan. She has a travel bar to the US due to a previous visa overstay violation. We are getting married in Vancouver BC this month and will file for a spouse visa to start with.

Holy shit man! Does this mean I have to stop seeing her?



No, seriously.. Congratulations! She's a real find and you two deserve each other.

GJ

[503]

When you call Immigration, ask to speak to an Immigration officer. I called the National Phone number, not sure what it was, but that is probably who you have been calling. If it plays the music that brings you to the edge of sanity and tries to get you to hangup, then that is the number.

The hour wage workers don't know anything. Seriously, they almost got my wife banned for 5 years. Fortunetly I learned that you keep calling and talking to different people, the picture becomes more clear. But the Immigration officer I spoke with helped me a ton. He took his time too, to make sure I understood. I think I may have called the New Jersey office, but in any case, you probably have to call a bunch of different places to get ahold of an Immigration officer. I did this about a year ago, so sorry for being fuzzy about the details. Goodluck.

[Greji]

AK - I am going throught the same thing. I am back in US now, but my fiance is in Japan. She has a travel bar to the US due to a previous visa overstay violation. We are getting married in Vancouver BC this month and will file for a spouse visa to start with. ....

I can't be sure without knowing the details of your fiance's case, but when we are preparing the paperwork for our people going overseas and/or sending people to the US who will be there for under 90 days and qualify for the visa waiver program, we run into this on some people. It is not uncommon among former students, who went back and forth to the US while they were attending school. Some have four or five overstay marks against them. A lot of times they are only a couple of days overstay because of flight connections or what not and the immigrations officers at the ports would overlook it for bona fide students returning for school. No biggie. Then came 9-11. Now all of those overstays, which are in the computer, automatically disqualifies the applicant for the visa waiver program. But, it does not mean you cannot receive a visa. We apply for B class visas and there is never a question on issuance, but you do have to state the details and whys of each overstay and they realize that those incidents were a product of the old system. I have not had them question any of my company's applicants.

So I think your fiance will just need to apply for the appropriate visa, assuming her travel bar was under the visa waiver program for overstay.

[AssKissinger]

I'm so devastated by the news and they won't help me at all. They won't even talk to me or answer a simple question. I may have to give up everything I've been doing here in the States and just go back to Japan permanently.

You should move back to Japan long enough to get the paperwork settled, then return.

Man, I've got a good job here now, plus a car and furniture and I'm in school. I'm not sure if I could ever recover financially.

Yall, my wife is still in Japan.

Can I apply through Japan on her behalf? Is there any easier process for her to come here with another type of visa? They're talking this 1000 days thing just to get the interview in Tokyo!

[cstaylor]

Man, I've got a good job here now, plus a car and furniture and I'm in school. I'm not sure if I could ever recover financially.

Yall, my wife is still in Japan.

Can I apply through Japan on her behalf? Is there any easier process for her to come here with another type of visa? They're talking this 1000 days thing just to get the interview in Tokyo!

Sounds like you should do the right thing and sign some divorce papers if you can't handle 3-4 months back in Japan (that's what immigration told me when we filled out the lengthy first phase of the green card application process) so your wife can continue on with her life.

None of us can speed up that wonderful American bureaucracy for you. As far as I've been told when applying through the American Tokyo consulate, filing in Japan takes 1/10th the time it would take if you tried handling it in the U.S., and it would be a lot easier if you were there for the interview phase so things look on the up-and-up.

[AssKissinger]

Man, I've got a good job here now, plus a car and furniture and I'm in school. I'm not sure if I could ever recover financially.

Yall, my wife is still in Japan.

Can I apply through Japan on her behalf? Is there any easier process for her to come here with another type of visa? They're talking this 1000 days thing just to get the interview in Tokyo!

Sounds like you should do the right thing and sign some divorce papers if you can't handle 3-4 months back in Japan (that's what immigration told me when we filled out the lengthy first phase of the green card application process) so your wife can continue on with her life.

None of us can speed up that wonderful American bureaucracy for you. As far as I've been told when applying through the American Tokyo consulate, filing in Japan takes 1/10th the time it would take if you tried handling it in the U.S., and it would be a lot easier if you were there for the interview phase so things look on the up-and-up.

Hey, we've been married for five years, if I have to I'll come back to Japan but losing my job and my place and I guess selling my car and my furniture will mean I won't be able to afford the transistion to move back to America and start all over again maybe ever. I can't afford to put all my shit in storage and all that without a job and if I quit the job I have now my employment record is gonna be so fucked. I've always been 100% dedicated to my wife. If I can't get this worked out, not only will I return to Japan I may never step foot in America again.

[omae mona]

Most likely I have missed one of the complicating details here, but AK, I don't think you're in such bad shape. If you can afford one round trip to Japan and a day or two off from work, and if you can continue to live apart from your wife for another 3-4 months, then you should be good to go.

I am still unclear on how much it has changed post-9/11, but like a few other posters here, I started the process at the Tokyo embassy. My wife was in the U.S. a little over 3 months later, with her green card. The process was many months faster than starting from the U.S., and it sounds like the gap has grown drastically.

If memory serves, you do not need to be present in Japan at all after the application. You can go right back home (just be careful about embassy hours if you are planning a quick trip). The health exams and even the final interview can be done by your wife alone. Just be aware that once you start the process, she better not set foot in the U.S. until she has the green card.

Apologies if any of the above information turns out to be bullshit.

[kamome]

I'm sorry I can't help you AK but I do recall kamome's comment in this thread:

If you are in serious need of help and are willing to pay lawyer's fees, I recommend that you contact Marcus Kosins, Esq.:

Kosins Attorney at Foreign Law Office
6th F1, Urban Toranomon Bldg., 1-16-4 Toranomon, Minato-Ku
Tokyo 105
Japan
Tel: 81355100505
Fax: 81335802348

He's a very nice guy and can at least provide a consultation on your matter so that you know whether you would need to hire him or not.

Although I'm sure Marcus would be knowledgable on any immigration matter, I believe his expertise is in dealing with the US Embassy in Japan. To the extent that AK is dealing with that embassy, it might be worthwhile to consult with him and on other ancillary issues (such as whether the 1000 days is realistic or a total crock). Otherwise, since AK is in the States now, he should probably talk to a local immigration attorney whose practice specializes in processing these applications from within the United States.

[kenchan]

I got married in August 2004. My Japanese wife and I chose to do the "Direct Consular Filing" method, which some posters have already mentioned that this is by far the fastest way. This means going to the American Consulate in TYO for you (the petitioner) to petition to the US embassy in Tokyo for your wife. My wife currently is back in Seattle with me with a conditional green card, we have another interview in 2 yrs to confirm this marriage isn't fraud.

Some things I learned during this.

My wife and I had to live apart for a bit. Which ended up being ok cause we used that time as her saying goodbye to her friends and family.

I had to go to Japan on short notice. This can be avoided IF you plan well and get the appointment well in advance with the embassy. Then you can buy your ticket for a reasonable price. I ended up staying there for 12 days just in case.

The embassy when petitioning is like the DMV but like 3 x worse. Tips I'd suggest. If petitioning for your wife...you don't have to wait in the long ass line of other gaijin from other countries other than the US trying to petition for a visa to get into the US. Your case puts you in a different category and allows you to skip the long line. There are actually 2 long lines, 1 for security clearance, then the other is to enter the building. Take the left entrance for security clearance, and tell them what you're here for. (Or choose to wait in the long ass line cause you think thats the right thing to do and find out later that you didn't have to like me )
Then once cleared, skip ahead to the person gaurding and let them know what you're there for. You'll save a lot of time.

Get to the embassy early! We got there 45 minutes before it opened..and there were still 25 people or so in front of us.

Good luck! I hope I don't misinform anyone...so you may want to doublecheck my advice and do some research from others in the same boat.

[AssKissinger]

I just got a US immigrant Visa (Green Card) for my J-Wife.
Start to finish it took less than 4 months.

Did you do it with both of you in Japan or what?

[AssKissinger]

Thank you Ken, mona and 503.

and thanks to you too gboothe but I think we got our wires crossed somewhere

[omae mona]

I had to go to Japan on short notice. This can be avoided IF you plan well and get the appointment well in advance with the embassy.

Kenchan - just out of curiousity, what appointment was this for? I did it a few years before you, but the direct consular filing was a walk-in process that required no appointment. Did this change or is my memory faulty? The followup interview was definitely a pre-arranged appointment, but only my wife needed to be present (I was waiting back in the U.S.).

[GuyJean]

The embassy in Tokyo seems to have all the information you need... for people living in Japan..

Apparently, this can be done by mail, but the time would probably take longer..
I-130 Petition Checklist
http://japan.usembassy.gov/e/visa/tvisa-ivi130checkmail.html

All applicants must submit the following documents with their petition:

I-130: This form is required in all cases. (Download form I-130 ) At the bottom of the first page of the I-130 please write an email address where we would be able to reach you.

Photograph: A 5cm x 5cm photo with a white background, taken within the last six months. The head (measured from the top of the hair to the bottom of the chin) should measure between 25 to 35mm with the head centered in the frame facing straight ahead. Please submit one photo of the petitioner and one for each beneficiary.

Proof of U.S. Citizenship: An original birth certificate, original U.S. passport or original naturalization certificate are the only acceptable documents. If you are not a U.S. citizen, please submit your Alien Registration (Green) Card.

Affidavit of Support: Form I-864 is a contractual affidavit of support. Most family-based visa applicants must submit an I-864 completed, signed and notarized by the petitioning relative (sponsor). Mistakes in completing the I-864 are the most common reason for refusing an immigrant visa application. Please read all instructions carefully before filling out the I-864.

Photo ID: Please submit a copy of a U.S. passport, a U.S. military ID card or other photo identification for petitioner.

Birth Certificate: Please provide an original birth certificate for the beneficiary.

Copy of Beneficiary's Passport: Please provide copies of the picture ID page and any pages that have U.S. visas, foreign visas or SOFA stamps.

Biographic Information Form: The petitioner and the beneficiary should both complete separately form G-325. (download form G-325.)

Immigrant Visa Application Form: The beneficiary should complete Part 1 and Part 2 of form DS-230. Please do not sign the bottom of the last page of Part 2. You will need to sign that form in the presence of a consular officer after taking an oath.(Download form DS-230 Part 1 or DS-230 Part 2)

Application Fee: Please include a postal money order for $190 payable to "U.S. Embassy, Tokyo". If you are required to provide a foreign address for your postal order, use U.S. Embassy, Unit 45004, Box 205-IV, APO AP 96337-5004.

If the petition is for a spouse or step-child, you must also include:

Marriage Certificate: Please provide an original marriage certificate from the juristiction where the marriage took place. If the marriage occurred in Japan, please submit a copy of the family registry.

Divorce Decree or Death Certificate: Original divorce decrees or death certificates, or certified court copies of the certificates, showing termination of all prior marriages of petitioner and/or beneficiary is acceptable. An official translation of the document must be provided if it is not in English.

Proof of Relationship: If you have been married less than 6 months, please provide a statement of how you met and evidence of your relationship such as courtship and wedding photos, phone records, letters, e-mails, evidence of travel and long stays in the same country.

If you are filing a family-based petition, you must also include:

Birth Certificate for Beneficiary's Children: Please provide an original birth certificate or consular report of birth for beneficiary's children.

When ALL of the necessary documents have been collected and put together in order, mail them to:
U.S. Embassy
Box 205-IV
1-10-5 Akasaka
Minato-ku, Tokyo 107-8420
U.S. military address:

U.S. Embassy
Box 205-IV
Unit 45004
APO AP
96337-5004


After your petition is approved, we will contact you to begin the second part of the immigrant visa process. This will include scheduling the interview.

GJ

[503]

AK, I was just wondering, how well can your wife speak English? Have the two of you ever lived in America before? Where in America are you going to move to? If its none of my business please let me know.

[maraboutslim]

I'm American. My wife's JPN. She's trying to get a visa to the USA.

If you are married, why are you even interested in getting her a visa? Why not just apply for permanent resident status, aka "green card".

Just come to the states however you'd like - tourist visa should be fine. It was for my wife. Then go to immigration and get the massive stack of paperwork and instructions for the green card process and go for it.

Yes, it may take years for the green card application process to play out. I think it was 18 months in our case 7 years ago. But once the application is submitted, your wife will be allowed to stay in the states legally while waiting. She can even return to Japan now and then if you have a good excuse: we used "business" and they approved it (you have to ask ahead of time or you'll void your application).

Big disclaimer: my experience was all pre-9/11 but hopefully some of it will still be accurate and helpful for you. BTW, we didn't use any lawyer or anything. Yes, the paperwork involved is ridiculous and the instructions on it totally lacking in clarity but individuals of your intellect can do it themselves no problem.

One potential issue: I'm not sure your wife would be allowed to legally work while in the limbo period and probably can't obtain a social security number (which may or may not be needed to get a driver's license these days: they keep changing that).

[omae mona]

Just come to the states however you'd like - tourist visa should be fine. It was for my wife. Then go to immigration and get the massive stack of paperwork and instructions for the green card process and go for it.

This story is from way pre-9/11, but an immigration attorney once told me the above process was a very bad and risky idea. The government can construe that to mean you entered the country on false pretenses. Since you entered on a visa waiver, you implied you were going to stay for less than 90 days. However, clearly you were intending to stay longer. That's grounds for denying your application. This strategy works better for people who are not married yet and get married during the 90 day visa period, since you can claim the marriage was not planned ahead of time.

Doesn't mean my attorney was right, but just wanted to mention it.

[maraboutslim]

All I know is it worked fine for us. She had enquired at the usa embassy in tokyo about getting a visa before heading for the states, but it wouldn't have been ready in time. They told her just forget about it and go in as a tourist and start the process in the usa. You could just say you intended to both move to Japan together and she was coming over to help you prepare for that, but you changed your mind and decided to make your life in the usa instead. If you've been married for a while already (we were on year 4), why should they mess with you?

[Big Booger]

AK keep fighting the fight my white-peckered friend! Ganbare!