GC for wife in US and her Daughter in Peru

stabservo

New Member
I have a situation with many ins and outs. I am a US citizen in the US Navy stationed in Japan. My wife is Peruvian living in Japan and her 10 year old daughter is living in Peru where she was born. My wife and myself are in California for the next four months, our son was born here. I need some guidance on how best to go about getting green card for my wife and her daughter. I was going to file the I-130/485 concurrently, to do an adjustment of status for my wife along with an I-824 to have the embassy in Lima notified, but I get pretty much lost after that. Will the 824 get the daughter in Peru a GC? The major curve ball is us going back to Japan in April and I will be out to sea until late in the year. We will be coming back to the US early 2012 should I just wait until then have her and her daughter enter on B2 visas and apply for adjustments then?? I could not be more lost on this one. I guess I could file I-130's for those two while we are here??
 
I have a situation with many ins and outs. I am a US citizen in the US Navy stationed in Japan. My wife is Peruvian living in Japan and her 10 year old daughter is living in Peru where she was born. My wife and myself are in California for the next four months, our son was born here. I need some guidance on how best to go about getting green card for my wife and her daughter. I was going to file the I-130/485 concurrently, to do an adjustment of status for my wife along with an I-824 to have the embassy in Lima notified, but I get pretty much lost after that. Will the 824 get the daughter in Peru a GC? The major curve ball is us going back to Japan in April and I will be out to sea until late in the year. We will be coming back to the US early 2012 should I just wait until then have her and her daughter enter on B2 visas and apply for adjustments then?? I could not be more lost on this one. I guess I could file I-130's for those two while we are here??

Contact your JAG Office for assistance. Special immigration and naturalization rules apply to your situation. Once obtaining her greencard, she will be eligible for expedited naturalization. Once her daughter gets a greencard and your wife naturalizes, the daughter will automatically acquire citizenship. Your DOD component has a mechanism in place to assit you, please reach out and ask for help from them.

http://www.jag.navy.mil/organization/code_16_immigration_info.htm

http://www.uscis.gov/portal/site/us...nnel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD
 
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Contact your JAG Office for assistance. Special immigration and naturalization rules apply to your situation. Once obtaining her greencard, she will be eligible for expedited naturalization. Once her daughter gets a greencard and your wife naturalizes, the daughter will automatically acquire citizenship. Your DOD component has a mechanism in place to assit you, please reach out and ask for help from them.

Well that sounds easy, but, I am deploying and nothing matters durning deployment but deployment. JAG is back on the beach, not underway and we are transferring back to the US shortly after cruise. Also my wife is not planning on naturalizing, just getting permanent residence.

So would it be worth it to us to file the 130/485 now and hope we get through the process before going back to Japan?

How is the daughter affected if my wife gets a GC? will she get one based on her mothers new status?
 
Don't file I-130 + I-485 if she's going back to Japan soon, because the I-485 puts restrictions on her ability to leave the US without screwing up the GC process.

File I-130 alone, with a consulate in Japan selected on question 22. Then she'll interview for the green card in Japan. And file a separate I-130 for her daughter, selecting a consulate in Peru.

How is the daughter affected if my wife gets a GC? will she get one based on her mothers new status?
No, you must file a separate I-130 for her daughter, as I just mentioned.
 
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Contact the USCIS Military Helpline immediately for assistance.

From the USCIS website:

"USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays."

Fair winds and following seas from a Navy Mom!
 
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