Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

My girlfriend from Japan is visiting me in California via

her ESTA for almost 3...
My girlfriend from Japan is visiting me in California via her ESTA for almost 3 months. On the end of December she will go back to Japan and we want to know the best ways how she can get back to California as soon as possible.I can think of these things:
- Tourist visa for 6 months
- Student visa
- Fiancé visaI need to know:
- What are the best ways how she can get back to California ASAP, so we can be together again?
- What is the process for each of it and how long does it approximately take?
- Is any of those options influenced by the fact she was in California from Oct - Dec? E.g. does she need to stay some time in Japan before visiting me again on her tourist visa?
- What is the best way to prepare for a tourist visa interview?Thank you very much,
Daniel
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 13 minutes by:
11/17/2017
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,510
Experience: Write FOR JAMES to get my help!
Verified
Is the goal to bring her back to get married? Do you plan to get married soon?
Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
I would prefer to postpone marriage if there are some other, good options.
Ok please give me some time to prepare your answer. This might take a while, as immigration issues can be complicated.
Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Perfect, thank you very much.

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: A tourist visa is an option, but that might be difficult to obtain, considering that she is eligible to travel on the visa waiver program. They will wonder why she needs a tourist visa and it could raise suspicions about her ties to her home country, which she has to prove are stronger than her ties to the US. If anything, she should just use the VWP again. The issue with that is many officers want to see that a person who came to the US for 3 months spends at least that amount of time outside of the US before coming back. This is to assure that persons are not using the visitor status as a guise for actually living in the US. That also might be an issue with the visitor visa. This can happen in about 2 weeks, give or take, depending on how busy the consulate is and appointment availability. This could be influenced by her stay already, as described previously. The best way to prepare is to have evidence of her stronger ties to her home country than to the US. As her boyfriend, you are a strong tie to the US. She should answer the questions honestly. She should not volunteer any information. Keep it simple yeses and nos. If they don't ask if she has a boyfriend, she doesn't have to volunteer that information. She can say that she wants to spend more time in the US to travel, visit with friends, etc., because the 90 days she already had was insufficient to do everything she wanted to do and see everything she wanted to see. She should be prepared to talk about what she wants to do and see while there, as well as where she will stay and how she will support herself. Because I am not her lawyer or your lawyer, I cannot tell you what that is. I am only allowed to give general information here. She needs to file form DS-160 for the visitor visa. Here is how to apply: https://travel.state.gov/content/visas/en/visit/visitor.html

The student visa might be a good option for her since it would give her a much longer time to be in the US than say the visitor visa or the VWP would allow. She does have to show her strong ties to her home country just like she would with the visitor visa. She also has to show that she has the money to pay tuition, books, room and board, expenses (i.e., that she is legitimately able to be a student and will not become a public charge). This can take about as long as the visitor visa, for the same reasons. She needs to file form DS-160 for the student visa, but she first needs to get enrolled in a school or program that issues I-20s. Then she needs to get an I-20 from that school. Here is information on how to apply: https://travel.state.gov/content/visas/en/study-exchange/student.html

As far as the fiance visa, this should only be used if she plans to come to the US for the purpose of getting married. And she must do so within 90 days of entry to the US with the visa. Moreover, she cannot change to any other status except for a permanent resident status if she comes with a fiance visa. Also, this takes anywhere from 7 to 9 month to process, sometimes even more time. Here is everything you need to know about the process: https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Thank you so much for your great answers! I have some final follow up questions:
- If we would get married, she would still be a citizen of Japan and a permanent resident of the US, right?
- Can I apply for a fiance visa with my green card? Or do I need to be a citizen?
- If the fiance visa processing takes about 7 - 9 months, can she visit me on VWP while the fiance visa application would be in progress?
Sure thing. Sorry for the delay. I was offline already by the time you responded.Please remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!QUESTION: If we would get married, she would still be a citizen of Japan and a permanent resident of the US, right?
ANSWER: I don’t know about Japan. She has to find out if they permit dual citizenship. But if she marries a US citizen, she is immediately eligible to apply to become a permanent resident. It’s not automatic. If she marries a permanent resident, then there is about a 1 year, 8 month waiting time before she can become eligible to apply for her green card. She’ll require some other lawful status to be in the US if she wants to wait here. If you become a US citizen during that time, she becomes immediately eligible to apply. For more information on that, we need to start a new thread.QUESTION: Can I apply for a fiance visa with my green card? Or do I need to be a citizen?
ANSWER: You must be a US citizen.QUESTION: If the fiance visa processing takes about 7 - 9 months, can she visit me on VWP while the fiance visa application would be in progress?
ANSWER: She can try, but the officer at the port of entry will decide if he wants to let her in or not.PLEASE do not forget that rating now. Otherwise I fear you will leave without giving me the credit I have earned by helping you. Thanks.
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,510
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 30 days ago
Thank you so much! One more thing.. what about some work visa, e.g. that she would do some internship? Is it possible and how long does it take?

Sure, that is possible, if she can show she's eligible for it. Internships are through J-1 visas: https://j1visa.state.gov/programs/intern/

NOte that J-1 visas can be tricky because some of them require a 2-year home residency. If she is subject to a 2-year home residency requirement (not everyone is), she would either have to return to her home country for 2 years before she can get a green card through marriage or some types of working visas, or she would require a waiver.

For specifics on the J-1 visa, we would need to start a new thread. You can write "FOR JAMES" in the question so that I become your personal expert on that question.

Ask Your Own Immigration Law Question
Customer reply replied 26 days ago
Thank you!
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,510
12,510 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,985 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,239 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I applied for a US non-immigrant visa at the US consulate in
I applied for a US non-immigrant visa at the US consulate in Johannesburg on 27 Nov. The status of my visa application is administrative processing and yet I have received no notification as such. The… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
I am filling the DS 260 immigrant visa form currently. I am
Hello, I am filling the DS 260 immigrant visa form currently. I am married to a US citizen, our 2 sons are US citizens and we live out of the US. In the form they ask if I intend to immigrate with my … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
I have been trying to fill out the ds-160 form for my
I have been trying to fill out the ds-160 form for my fiancee needs for her interview online and i can't seam to make the site work for me is there another way to do this … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
What is the cost of obtaining dual citizenship? U.S.
U.S. citizen, mother born in mexico, unknown father. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a couple questions regarding the DS-160 for someone
Hello. I have a couple questions regarding the DS-160 for someone trying to invite their friend to visit:1. Is this DS-160 Form supposed to be completed by BOTH the person who is inviting and the pers… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I want to know if I can have dual citizenship. I am a
I want to know if I can have dual citizenship. I am a British subject and would like dual with USA. My daughter has it but not my son due to the date she was born, but that was many years ago and I am… read more
LegalGems
LegalGems
Juris Doctorate
10,423 satisfied customers
Got a question regarding filling up my DS 160 form. Filling
Hi, Got a question regarding filling up my DS 160 form … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
FOR GUILLERMO while filling DS-160 application for F2 i came
FOR GUILLERMOwhile filling DS-160 application for F2 i came across the Q .Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Lawyer
12,510 satisfied customers
I'm on non immigrant working visa and in process of getting
I'm on non immigrant working visa and in process of getting green card. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
What are grounds for revolking an immigrant work visa? Can
What are grounds for revolking an immigrant work visa? Can the sponsor of the immigrant request the visa to be revolked if the immigrant quits the job he came here to do? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
I wish to apply for tourist visa and in the DS-160 form I
Hi! I wish to apply for tourist visa and in the DS-160 form I got to 2 questions I do not know how to answer (what to do)? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,239 satisfied customers
Judith, I am applying for visa interview date. My DS-160
For Judith -------------------------- Greetings Judith,I am applying for visa interview date. My DS-160 form is still incomplete because of some information which is not handy with me at present and i… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My question is about the DS-160 application online. So my
Hi, my question is about the DS-160 application online. So my friend wanted me to help fill this out for him because he has poor English and he wants to have his child from another country apply to co… read more
Expert James
Expert James
Lawyer
12,510 satisfied customers
My question is about the DS-160 application online. So my
Hi, my question is about the DS-160 application online. So my friend wanted me to help fill this out for him because he has poor English and he wants to have his child from another country apply to co… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am filling my DS 160 form for my H1B visa There is a
Hi I am filling my DS 160 form for my H1B visa There is a question on Has your visa ever been cancled or revoked my B1 old visa was canceld with out Prejudice as I had applied for a new one then and g… read more
KJL LAW
KJL LAW
Juris Doctorate
1,694 satisfied customers
I am trying to find out if the ds-160 form can be changed or
I am trying to find out if the ds-160 form can be changed or edited after it had been submitted to the consulate. I have two passports that are out for renewal, and I'm wondering if it would be ok to … read more
Expert James
Expert James
Lawyer
12,510 satisfied customers
Quick question about the DS-160 form for a H4 Visa Interview
Quick question about the DS-160 form for a H4 Visa Interview for my fiancee - We'll be getting legally married on May 8th 2017, and want to have a Visa Interview scheduled for 9th or 10th May to avoid… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x