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Question
My friend is a U.S. citizen.  He married a Japanese woman whose visa
was about to expire while she was still in the U.S..  Since her visa was
expiring, she returned to Japan.  

My question is, when is the earliest she can return to the U.S. to
rejoin her husband?

Answer
Hi,

The Japanese spouse would apply for a K-3 visa at a U.S. Consulate in Japan once the initial paperwork has been filed by the U.S. citizen spouse as per http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a

It can take close to a year until your friend's spouse joint him.

Incidentally, the Japanese spouse could have continued to remain in the U.S. legally as long as the appropriate paperwork (Forms I-130 and I-485 filed together with the USCIS) was filed before her visa status expired...but now that she is outside the U.S., the above K-3 process is the best way to bring her to the U.S. to join her U.S. citizen spouse.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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