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> To Be F-1 Or K-1?, Need help on how to get married with my fiance.
Hi all-

My fiancé and I are planning to get married at the end of this year,2008, and I would like to get some help on how we can proceed our dream to live together in the States.

<BACKGROUND>

My fiancé has dual citizenships (U.S. and Japan), and I am currently staying here as OPT after completing of my 4 years degree. I am leaving the States in this March due to the expiration of my OPT. We are going to get married at the end of this year.


<PLANS>

Plan A:
I am planning to apply for F-1 visa to finish my graduate certificate program. After having my visa approved, my fiancé will come back to Japan, and we will get married there. Simultaneously, we will submit our marriage certificate to the U.S. Embassy in Japan. I will enter the States as F-1, and we will commence process to apply for my Green Card.

Plan B:
In stead of applying for F-1 visa, we are also thinking to apply for K-1 or K-3 visa depending on when we will get married. After me entering the States on fiancé visa, we will start the process of applying for Green Card.


<PROBLEMS>

1.A Lack of Funding for I-864

She was concerned that her income is insufficient to meet the minimum amount of poverty line on I-864. We heard some rumor that some couples could actually get a way with insufficient funding and receive a Green Card.

2.Insufficient Income Tax Record

My fiancé's spent almost her entire life back in Japan, and has been in the States for only half year as for today. She only filed for her income tax for 2007. Does that increase the chance of denial for my CG application?


Please help us out to solve our problems...

THANK YOU!

All I can say is good luck with the U.S. Embassy in Tokyo. I am a U.S. citizen and my wife's case has been there for almost 9 months now (CR/IR 1). All we get when we ask about the status is "it's under review". For 9 months? Good luck. I would definatly suggest processing your visa in the states.

Best wishes

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