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

Asked over 1 year ago - 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

Additional information

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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  4. Danny Garmo

    Contributor Level 13

    Answered . 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... more

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