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Discussion Starter #1
Here is the situation:
My fiancee is a Japanese citizen working in America with a J1 visa
(no two-year ban). I am a US citizen working in Japan. I have been
here for two months, and I plan to remain for another four months.
Then I will go back to America. My fiancee and I will marry in
October of this year. She wants to quit her job soon, but to remain
in America.

My understanding of our options - is this right?? (I think most of this was found
assuming no legal representation):
I can apply for a K1 visa or a CR1 visa (I have been advised that AOS is
too risky to try without a lawyer). The K1 visa is a few months
faster, but it is not granted as leniently as the CR1 visa. I've heard
mention of something called a DCF that is very fast, but I don't really understand what it is - that's something that can only be
done with a lawyer? Does the DCF result in obtaining a CR1 visa?

Neither visa requires that my fiance/ wife be living in Japan, just
that she attend the interview in Japan. So with either path she
could continue working in America with her J1 visa until her K1 or CR1
interview in Japan (if we go the DCF route, then she would need to be
present for the presentation submission as well). She then flies to
Japan for the interview. One week later, she is granted the K1 or
CR1 and her J1 is nullified. She is then free to enter the US and
stay as my wife or fiance.

Alternatively, she could leave America earlier and be living in Japan
during the time that it takes for the visa to be processed.

I can only begin applying for the CR1 after we are married in
October. I can apply at either the US embassy in Tokyo or in
Washington DC
(where we live). However, to apply to the embassy in Tokyo, I need
to be living in Japan for at least six consecutive months to begin the
application (in other words, I can't do it right now, I need to wait
four more months, which means I'd need to extend my stay here).

To apply to the embassy in Washington DC, I need to be living in
Washington DC (so I'd again need to start in four months when I'd move
back home, not right now). It's been mentioned that I could still file state-bound (for the K1, specifically), and that that could be begun even while I am still
here in Tokyo. Is that only possible with a lawyer? If so, then without a
lawyer, the earliest I could apply for the K1 visa would be in four
months, and the earliest I could apply for the CR1 is after we marry,
in October.


We both greatly appreciate any time you can spare on this!

Sincerely,
 
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