US Visa/Green cards?

I am a US citizen and have been for my whole life. I have a girlfriend that lives in Japan and we have been dating for 4 years now. I met her and started dating her while I was deployed at Yokohama, Japan 4 years ago. We are getting everything ready for her to come to the US after the borders open up. But we are still somewhat confused on the types of Visas and how she can get her green card, since we want to do this legally of course. She is a Japanese language instructor online for students all over the world so she wouldn't be "working" at a physical location except for my house. Could she still get a workers Visa? Or would we have to get a Visitors Visa? How would we go about for her Green card? Also I heard from many people that if we get married while she is here with her Visa then its easier for her to renew her Visa, is that true? We are actually planning on getting married ASAP if possible. Everything I have been reading its somewhat hard to understand from what I have read before. Thank you for helping.

7 Answers

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  • RICK
    Lv 7
    1 month ago

    You sponsor her as a fiancé,  on her arrival you have 90 days to get married

    Once married you apply for green card

    No marriage she returns home

    A visitors visa only allows for a short visit 

    A work visa does not normally lead to a green card

    Getting married with her on a visitors visa still requires her to return home and for you to sponsor her on a spousal visa

  • 1 month ago

    You'd need to sponsor her for a spouse visa, and get married to her. 

    Otherwise, she'd need to qualify for a work visa; it's unlikely she'll qualify for one as a Japanese teacher.

  • 1 month ago

    There are no girlfriend/boyfriend visas. 

    Your options are:

    Sponsor her for a fiancée visa.

    or

    Marry her and then sponsor her for a spouse visa.

    www.uscis.gov

    If she enters the USA on the fiancée visa the two of you have to marry within 90 days. Once the two of you are married she applies to Adjust Status to being the spouse of a US citizen.  Her "green card" will arrive in the mail several months later.

    If she enters the USA on a spouse visa she applies to Adjust Status and the green card will arrive 6 to 8 weeks later. 

    If you are still in the military then talk to your unit's legal office before you do anything else. 

    Note that citizens of Japan can visit the USA as a tourist for up to 90 days by registering for ESTA (once the virus restrictions are lifted):  

    https://esta.cbp.dhs.gov/

    That means she should NOT apply for a regular tourist visa.

    In the event the two of you want to marry in the USA while she is visiting then she should NOT say anything to the Immigration Officer about being engaged to you or planning to marry a US citizen during the visit.  After you marry, she MUST return home > on schedule < to wait while you sponsor her for a spouse visa. She cannot stay past the 90 days and she cannot Adjust Status from being in the USA on an ESTA to anything else.    

  • 1 month ago

    She does not qualify for any employment visa, and with a tourist visa, she MUST return on time to her own country, even if you married while she is on a tourist visa (that would be visa FRAUD, and could get her permanently barred from US). IF you two are committed to getting married & living permanently in the US, then you need to file a petition for her K-1 fiance visa. You must prove you met in person, face-to-face, and the relationship has developed over time into a committed relationship. You must also prove you earn enough to support self + all dependents + your fiance/spouse.

    IF the K-1 visa is approved, she can then enter US (assuming end to covid-related travel restrictions) & you two must marry within 90 days of her arrival in US & file for Adjustment of Status to obtain her green card (legal permanent resident status). If you do not marry, or the marriage fails, she must return home immediately.She cannot work at all in the US until she receives her green card & Social Security card. That includes working online. Also remember that US taxes worldwide income from all sources, so any earnings she might have in Japan or elsewhere is subject to US income taxes.

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  • Foofa
    Lv 7
    1 month ago

    No, she wouldn't be eligible for a work visa. You're going to have to marry her and sponsor her as your spouse. You arrange that beforehand by applying for the right kind of visa. If she shows up as a tourist then marries you it'll be a red flag for fraud. She needs to enter the US as your fiancee and then marry you. 

  • Maxi
    Lv 7
    1 month ago

    You would need to sponsor a fiancee visa and marry within the 90 days or she goes home............she wouldn't qualify for a work visa and a visitors visa she couldn't work and getting that is immigration fraud as a visitors visa is to go on holiday and go home, not use it with the attention of staying

  • Lisa A
    Lv 7
    1 month ago

    The only visa that she would qualify for that would get her a green card is a fiance or spouse visa. Sponsor her for a fiance visa with form i-129f. When she gets to the US you have 90 days to get married. Then you can get her a green card.

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