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Immigration. Very Short notice move to the States….. Help!

Saint Louis, MO |

Unfortunately we are in Japan at the moment and immigration lawyers are in very short supply.
I do want some legal advice but not sure if I can get it remotely.

Our situation in brief:
Retired US Military Japan and married to a Japanese national for 14 years with 3 kids, never moved to the States.
Currently working as a Military contractor, but recently laid off because of the sequestration mess.
Was supposed to be here on this contract another year or two, plenty of time to do immigration process.
My company and Japan have given me 30 days to repatriate to the States with no warning.
I have submitted my I-130 to the Chicago lockbox and waiting of the I-797 to come back.
When I get the I-797 I will submit it and the I-129f to the Dallas lockbox, procedures from USCIS website.
My question

The of getting the K3 vs. normal process can expedite being able to move to the States Normal: Submit I-130 and wait 5-12 months for is to get approved Then then submit the rest of the immigrant visa paperwork This could all take 6-24 months and she must remain in Japan until complete K3: Submit the I-130 & once it is received they with send back the I-797 within 24hrs of receipt Then submit the I-797 with I-129f. I-129f should take 1-4 months for a spouse Once I-129f is approved and in NVC, the embassy can issue the K3 visa This could take 1-5 months The difference is: Normal; 6-24 months during and my wife with have to wait in Japan. K3; 1-5 months for the visa and when issued she move to the States & wait for the I-130 approval there. If I-130 is approved before the I-129f, everything will default to the normal process Correct that there is no difference between them in getting the Green Card. It is how long it will take her to be admitted to the States, 5 vs. 24 months. Best case scenarios

Attorney Answers 4


  1. You are already married; you do NOT have to submit a Fiancée petition per your wife!
    After the I-130's approval you will get written instructions on now to proceed from the National Visa Center in Portsmouth, NH.

    Call the nearest US consulate's American Citizen Services dept; ask for urgent assistance with this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with my colleague.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  3. There is no question in your posting.

    There is virtually no difference in time between getting a K-3 visa and getting an immigrant visa.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. Once the I-130 is approved, the case will be forwarded to the National Visa Center for consular processing.

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.

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