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Frequently Asked Questions (K Visas)

Frequently Asked Questions (K Visas)

My American citizen fiancé(e) is sponsoring me for immigration, does it matter where we get married?

If you wish to marry in the U. S. and live there after marriage, you need a fiancé(e) visa. If you wish to marry outside the United States and travel to the United States to take up residence, you will require an immigrant visa.

My fiancé(e) and I will not marry within 90 days of our arrival. Can he/she still apply for a fiancé(e) visa?

If the marriage will not take place within 90 days of the fiancé(e) visa applicant's arrival in the U. S., it will not be possible to process an application for a fiancé(e) visa. Visa free travel under the Visa Waiver Program or a nonimmigrant visitor or work visa is not appropriate.

Can we apply for the fiancé(e) visa while my fiancé(e) is in the United States.

An applicant for a fiancé(e) visa must apply for the visa at a U.S. Embassy/Consulate outside the U.S. as he/she is required to enter the United States on the fiancé(e) visa.

Can my fiancé(e) work in the U. S. before my fiancé(e) gets a green card?

USCIS may grant permission for the alien fiancé(e) to take up employment in the U.S. before obtaining the US permanent resident status. To obtain employment authorization your fiancé(e) will need to file Form I-765 with the USCIS Service Center which covers his/her place of residence in the U.S. after his/her arrival there. Questions concerning employment should be directed to USCIS.

My fiancé(e) is still married. Can we apply for a fiancé(e) visa?

The fiancé(e) visa petition cannot be filed until you are both legally free to marry. You will be required to wait until your fiancé(e)'s divorce is finalized.

We only wish to travel to the U.S. for our wedding. We will return to Japan after marriage. Do we still need a fiancé(e) visa?

A person travelling to the U. S. to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends to return should be carried for presentation to an immigration inspector at the port of entry.

Can I enter on a fiancé(e) visa, marry and then leave the U. S. for our honeymoon?

Regarding marriage, you should contact USCIS for further information. If you leave the U.S. without first obtaining permission to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by three to six months.

Can I travel to the U.S. while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of a fiancé(e) visa. If you wish to make a temporary visit after which you will return to your permanent residence outside the U. S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if eligible.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U. S. to which you intend to return at the end of your temporary stay. Although a pending fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your current residence, you will not be issued a visa.

When travelling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

I am a U.S. citizen, do I need to attend the fiancé(e) visa interview?

No. Please make sure to give all your documents to your fiancé(e), so that he/she can present them along with other required documents at the final interview.

After the final interview, how long does he/she need to wait for the visa?

Processing and mailing time takes approximately one week, so please allow enough time before your intended date of departure. Please note that all applicants must provide a local Japanese address at the time of creating own profile information. This includes members and dependents of the U.S. military, who must use their base's local address if no other local address is available.

Some cases may require additional processing. We recommend you do not make final travel plans until you have received your pasport and visa.

Can I apply for a fiancé(e) visa in Osaka?

No. You can apply for a fiancé(e) visa only in Tokyo or Naha.

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