Paulrus

PLEASE - if you reply to my message, send a copy of your response to
me by email. I don't have usenet access & have to use Google Groups
to post and read (at work!).

My wife is currently pending adjustment of status, we have our
interview at the end of May. We would like to bring her daughter from
Japan to live with us, but the INS (whatever it's called now) website
is confusing. We did NOT petition for her daughter on our original
I-130.

It looks to me that I simply need to file a separate I-130 now for my
step-daughter (including all the steps that go with it like photos,
birth certificates, marriage licenses, divorce papers, etc.) , get her
an interview at the Tokyo US Embassy and then when she gets here we
file an I-485. Is that right or am I missing something?

We want her to join us by the end of August at the latest, so I'm
guessing we need to get things moving quickly.

I am a US citizen by birth if that makes any difference.

Thanks,

Paul

again - PLEASE CC a copy of your response to my email - thanks!!

Paulrus

Hmm perhaps this is too confusing/complicated?

Can anyone answer my questions?

My wife is pending AOS. We did NOT include her daughter on her I-130.
Her daughter is 6. We would like to bring her to the US. She is
currently living in Japan. My wife would like her to be here before
the next school year starts here in the US.

What do we need to do in order to make this happen? My wife's
interview for her GC is on May 29th. My understanding is that being
my step-daughter and being age 6 entitles her to immediate relief(?).

My wife simply does not want to be without her daughter for another 6
months to a year while we wait for more paperwork to be processed.

Please CC your responses to my email. We really could use some help.

Thanks

Paul

Michael E. Piston

You could file an I-130 with all necessary supporting documentation
and wait for the I-130 to be approved, although the wait might be a
long one - the Texas Service Center, for example, is taking almost 2
years to process I-130s for the children of US citizens. After the
I-130 is approved the child should be scheduled for an interview in
Tokyo, at which she should be issued an immigrant visa to use to enter
the U.S., and be granted permanent residence (regular or conditional)
at the airport. No need for her to file an I-485 thereafter.

It might however be faster for you to file a K-3 petition for your
wife on form I-129F at the Missour Service Center, which is taking
about 3-6 months. Then when that is approved your wife and daughter
could go together to Tokyo, your wife getting a K-3 visa and your
daughter and K-4, then entering together, your wife to resume her
I-485 processing (assuming that she had advance parole before she left
and no unlawful presence issues), your daughter to commence.

However, this will only work if your wife and daughter enter the U.S.
BEFORE your wife's I-485 is approved.

Michael E. Piston
Attorney at Law
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Fax: 206/770-6350

Responses have not been confirmed by research, are not intended as
legal advice, and do not create an attorney client relationship. Feel
free to e-mail me at [email protected] if you desire further
information



[email protected] (Paulrus) wrote in message news:...
    > Hmm perhaps this is too confusing/complicated?
    >
    > Can anyone answer my questions?
    >
    > My wife is pending AOS. We did NOT include her daughter on her I-130.
    > Her daughter is 6. We would like to bring her to the US. She is
    > currently living in Japan. My wife would like her to be here before
    > the next school year starts here in the US.
    >
    > What do we need to do in order to make this happen? My wife's
    > interview for her GC is on May 29th. My understanding is that being
    > my step-daughter and being age 6 entitles her to immediate relief(?).
    >
    > My wife simply does not want to be without her daughter for another 6
    > months to a year while we wait for more paperwork to be processed.
    >
    > Please CC your responses to my email. We really could use some help.
    >
    > Thanks
    >
    > Paul

Paulrus

Thanks for all of the information.

I guess I was hoping there was some kind of emergency visa I could get
that would take less than 6 months. We recently found out that my
wife's ex has been abusive to her daughter and we want to get her away
from him as soon as possible. Because of the way Japanese society
works, his abuse may possibly be illegal, but nobody will do anything
about it because most Japanese (including my wife's own family)
believe that this stuff is a private matter and they should not get
involved.

My wife's sister is planning on visiting in August and bringing the
daughter as well. If she visits on a visa waiver without the intent
of staying, and then we alert the BCIS to the situation could we seek
immediate adjustment of status?

Also, my wife has her GC interview on May 29th - is there anything we
can do during that interview to get permission for her daughter to
immigrate?

Thanks,

Paul

PLEASE CC me any replies via email.

Sylvia Ottemoeller

"Paulrus" wrote in message
news:[email protected]...

    > Thanks for all of the information.
    > I guess I was hoping there was some kind of emergency visa I could get
    > that would take less than 6 months. We recently found out that my
    > wife's ex has been abusive to her daughter and we want to get her away
    > from him as soon as possible. Because of the way Japanese society
    > works, his abuse may possibly be illegal, but nobody will do anything
    > about it because most Japanese (including my wife's own family)
    > believe that this stuff is a private matter and they should not get
    > involved.
    > My wife's sister is planning on visiting in August and bringing the
    > daughter as well. If she visits on a visa waiver without the intent
    > of staying, and then we alert the BCIS to the situation could we seek
    > immediate adjustment of status?

If you can get her into the U.S. on a visa waiver, you can Forms I-130/I-485
with the BCIS district office for your residence. You should probably wait
at least 60 days before filing. The abusive situation can serve as a reason
to change your minds, but it is probably safer to allow time to pass so you
will not be accused of preconceived immigrant intent.

Eventually you will have to get either full custody, or the permission of
the child's father for her to immigrate. You should get two good lawyers:
a good immigration lawyer and a good family lawyer with experience in
international custody issues (it would be unusual to find these in the same
person).

    > Also, my wife has her GC interview on May 29th - is there anything we
    > can do during that interview to get permission for her daughter to
    > immigrate?

If you plan to do the "visa waiver" maneuver, she should probably not
mention a word. Allow this to be a situation that unfolds after the
daughter arrives in the U.S.