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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94971
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Im currently in the US Navy and Im married to a Japanese

Customer Question

I'm currently in the US Navy and I'm married to a Japanese national. I plan on taking her with me to the states and I was wondering besides the I-130 and I-485 and affidavit of support what documents should I have prepared to make sure the application is smooth ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

Thank you for your service to our country. You basically have two options:

1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside. However, you may be able to use your membership in the Military to speed it up somewhat. Here is a link to the help line that you can call to see about expediting the case:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

Here is a link both:

http://travel.state.gov/visa/immigrants/types/types_1315.html

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94971
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Once my wife enters the states and we file these forms, will she have to leave the states so far what I've found she can stay in the states under the visa waiver program for upto 90 days and as long as we file the forms she can stay until they are processed. Even if it exceeds her I-94 stay.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry about that. I responded in your second set of questions. If you don't mind, rating that answer would help me out. Thank you and good luck.

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