I just want to be with my new wife

[amastar]

What is the name of your state? Texas

I recently married my girlfriend of two years in Japan. She is a Japanese citizen and I am an American citizen. We then went to the American Embassy to start on her Visa paperwork but we were told that since I hadn't lived in Japan for the past 6 months I had to file the paper work in my hometown here in the US.
So I come back and I'm ready to mail the paperwork but my new wife would like to visit me here for the holidays and stay for 3 months then return to Japan.
I call the USCIS offices and talk with someone to find out if my wife will need to get a vistor visa and they direct me to the Customs and Border patrol office.
The woman I talk to there tells me that my wife cannot even visit the states until she has a K1 visa. But we are already married!!! She said it didn't matter.

So I started reading about the K1 visa and it seems that it's something entirely different than what I was planning to do. And the wait seems to be growing longer and longer with each person I speak to.
I thought just the I-130 (along with g-325 and I-864) were all I needed.

I'm starting to realize that I have no idea what I'm doing. My family and I just want to be with my new wife for the holidays. But not even the holidays. The information I am getting from these agencies is that I will not be able to live with my wife permantly for maybe a year or two!!!

I understand that I'm going to have to wait to live with my wife in the US. I just want to make sure I'm doing everything right the first time so I can cut the wait as much as possible. I dont want a year to pass and then find out I could have done something different in the beginning.

Any help would be appreciated.

 

[Silverplum]

*deleted in deference to someone who knows what s/he is discussing.*

 

[evcalyptos]

What is the name of your state? Texas

I recently married my girlfriend of two years in Japan. She is a Japanese citizen and I am an American citizen. We then went to the American Embassy to start on her Visa paperwork but we were told that since I hadn't lived in Japan for the past 6 months I had to file the paper work in my hometown here in the US.
So I come back and I'm ready to mail the paperwork but my new wife would like to visit me here for the holidays and stay for 3 months then return to Japan.
I call the USCIS offices and talk with someone to find out if my wife will need to get a vistor visa and they direct me to the Customs and Border patrol office.
The woman I talk to there tells me that my wife cannot even visit the states until she has a K1 visa. But we are already married!!! She said it didn't matter.

So I started reading about the K1 visa and it seems that it's something entirely different than what I was planning to do. And the wait seems to be growing longer and longer with each person I speak to.
I thought just the I-130 (along with g-325 and I-864) were all I needed.

I'm starting to realize that I have no idea what I'm doing. My family and I just want to be with my new wife for the holidays. But not even the holidays. The information I am getting from these agencies is that I will not be able to live with my wife permantly for maybe a year or two!!!

I understand that I'm going to have to wait to live with my wife in the US. I just want to make sure I'm doing everything right the first time so I can cut the wait as much as possible. I dont want a year to pass and then find out I could have done something different in the beginning.

Any help would be appreciated.

Other than the part about agreeing that you don't know what you're doing (100%), SilverPlum's answer is off base.

You DID try to do the right thing. You were both in Japan, you were married and you wanted to immigrate your new wife to the US, so you tried to file through the Consulate. I don't know how close you were to having the required 6 months' residency so you could file there, but you could have stayed in Japan and simply filed your I-130 to the US and waited things out there.

But now you are here, and you are ready to file the I-130. So far so good.

You also would like your wife to visit the US while the petition is pending. Also so far so good. If your wife is a Japanese citizen, she can visit on the Visa Waiver Program for 90 days or less.
The woman you spoke to is misinformed or misunderstood your question. Your wife is legally allowed to visit. She should be aware that she is an intending immigrant now, and in order to admit her for a visit, the Border Agent has to determine that your wife has a home outside the US and she does plan to return there. Things like her financial ties, job and other obligations will help her succeed (you can read a lot more about successfully visiting with a petition pending at several sites around the net.. many, many people are successful at this, while some are not).

I think the I-129f confusion may lie with a 3rd visa option, the K-3. The literature about the K-3 make it sound like an appealing option, but it is not (at the moment) for several reasons. Primarily, it takes nearly as long as does an Immigrant Visa (which becomes a 'green card' on arrival) but requires an additional $1000+ application to become a Permanent Resident.

I don't think it will be two years before your wife can move to the US, but it will be the better part of a year. She can visit here in the meantime, and you can visit there. In fact, as long as you do something to deal with the I-864 Affidavit of Support, you can live in Japan with her until her visa is ready.

So a little more research so that you'll be confident about your wife visiting over the holidays.

 

[amastar]

Other than the part about agreeing that you don't know what you're doing (100%), SilverPlum's answer is off base.

You DID try to do the right thing. You were both in Japan, you were married and you wanted to immigrate your new wife to the US, so you tried to file through the Consulate. I don't know how close you were to having the required 6 months' residency so you could file there, but you could have stayed in Japan and simply filed your I-130 to the US and waited things out there.

But now you are here, and you are ready to file the I-130. So far so good.

You also would like your wife to visit the US while the petition is pending. Also so far so good. If your wife is a Japanese citizen, she can visit on the Visa Waiver Program for 90 days or less.
The woman you spoke to is misinformed or misunderstood your question. Your wife is legally allowed to visit. She should be aware that she is an intending immigrant now, and in order to admit her for a visit, the Border Agent has to determine that your wife has a home outside the US and she does plan to return there. Things like her financial ties, job and other obligations will help her succeed (you can read a lot more about successfully visiting with a petition pending at several sites around the net.. many, many people are successful at this, while some are not).

I think the I-129f confusion may lie with a 3rd visa option, the K-3. The literature about the K-3 make it sound like an appealing option, but it is not (at the moment) for several reasons. Primarily, it takes nearly as long as does an Immigrant Visa (which becomes a 'green card' on arrival) but requires an additional $1000+ application to become a Permanent Resident.

I don't think it will be two years before your wife can move to the US, but it will be the better part of a year. She can visit here in the meantime, and you can visit there. In fact, as long as you do something to deal with the I-864 Affidavit of Support, you can live in Japan with her until her visa is ready.

So a little more research so that you'll be confident about your wife visiting over the holidays.

Thank you so much for the detailed and quick response. It is very helpful.
I am going to keep researching so I better understand everything. I'm a little nervous about my I-130 package. I'm afraid of leaving something out and/or writing something wrong to make them think our relationship is not valid.
Same with her, I'm a little nervous about her interview when that time comes. We are going to say the whole truth but unfortuantely we have only really lived together for 3 months before she had to go back to Japan. When I went to Japan last month, I only stayed for 2 weeks. Most of our communication has been done over the web during those times we couldnt be together.
Anyway, I will keep reading! Thanks again for the wonderful advice!!!

 

[evcalyptos]

Thank you so much for the detailed and quick response. It is very helpful.
I am going to keep researching so I better understand everything. I'm a little nervous about my I-130 package. I'm afraid of leaving something out and/or writing something wrong to make them think our relationship is not valid.
Same with her, I'm a little nervous about her interview when that time comes. We are going to say the whole truth but unfortuantely we have only really lived together for 3 months before she had to go back to Japan. When I went to Japan last month, I only stayed for 2 weeks. Most of our communication has been done over the web during those times we couldnt be together.
Anyway, I will keep reading! Thanks again for the wonderful advice!!!

The instructions for the I-130 which are posted at uscis.gov under 'immigration forms' is pretty clear on what is required at the I-130 stage. In addition to your marriage license, you need to provide some other evidence of a bonafide relationship--examples are provided (including affidavits from people who know you both--a good 'out' for newlyweds who haven't yet lived together).

By the time the interview comes around, your wife will find it to be anticlimactic. It is not an in depth grilling, but an 'eyes on' experience for the Consular Officer and a chance to check over documents which have already been vetted.

Many couples start their marriages like you have, unfortunately. In fact, you've got the up in having spent as much time together as you have. Time living together is not a primary criteria for the visa.
You can find some guidelines and checklists here, in real language, with links to the official sites you need:
http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php

http://www.familybasedimmigration.com/forum/showthread.php?t=12

You're welcome to post there, where more people are doing what you are doing.

 

[amastar]

You can find some guidelines and checklists here, in real language, with links to the official sites you need:
http://www.familybasedimmigration.com/forum/immigrantvisaflowchart.php

http://www.familybasedimmigration.com/forum/showthread.php?t=12

You're welcome to post there, where more people are doing what you are doing.

Thank you so much for directing me to these sites! I've learned a lot already!!
Thank you !!!