Immigration – How to ensure your foreign born spouse can return with you to the U.S.

  • Published
  • By Capt. Colin P. Eichenberger
  • 35th Fighter Wing Staff Judge Advocate Office
MISAWA AIR BASE, Japan --  In order for your spouse to accompany you back to the United States, he or she must possess a valid immigration status. A stay greater than 90 days requires the issuance of an immigrant visa. The immigrant visa is the first step towards obtaining a Legal Permanent Resident Card, commonly known as a Green Card, and eventual citizenship.

In order to obtain an immigrant visa while in Japan, applicants must submit and have an approved I-130 petition (step 1) and I-130 application (step 2) at the Tokyo Embassy. This requires quite of bit of paperwork, including birth certificates, marriage certificates, divorce decrees, passports, police certificates, additional application forms and two trips to Tokyo. The biggest mistake made by newlyweds is waiting to begin the immigration process until their DEROS gets close. This is due in large part to the misconception that you cannot begin the process until you are within six months from leaving. If you take nothing else away from this article, at least remember this: Your first order of business after marrying a foreign national should be filing the I-130 petition for an immigrant visa.

The misconception that people should wait to file the I-130 petition stems from the fact that once an immigrant visa is approved, you must begin travel to the United States within six months. Though this is true, the I-130 petition (part 1 of the process) may be filed at any time after marriage and the petition does not expire. Let me highlight that fact again, you may file your I-130 petition at any time after your marriage - the petition does not expire. So, right after you get married, the first thing you do is file the I-130 petition. Then when your DEROS comes within the six month window, you will only have half the process left to accomplish.

You should also be working diligently to obtain all the necessary paperwork for both the petition and application phases prior to even getting married. Much of the paperwork will need to be translated and it all needs to be either originals or certified copies. This means contacting agencies in different time zones and waiting on overseas mail. Don't put this off until the last minute. Get started early and relieve all the unnecessary stress.