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AmStatic

Now have custody of child - now what do we do?

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Here are the quick facts

1. Wife came to the US to visit in March 2013. We married in June 2013

2. Wife received green card in December 2013

3. Wife returned to home country and received full custody of minor child (10years old) with permission from the High Court to take the child out of the country.

What is the best way for us to process the immigrant visa for the child, the only way we can see doing this is to file an I-130 based on stepchild relationship to me the USC, but that processing time is over 13 months.

Is there another way?

My wife and step child are living with her father but the house is not very big for all of them. He is also ill and on permanent oxygen and cannot look after the minor child himself.

The cost to keep them over there will be prohibitive, we cannot leave the minor child with anyone over there and I really do not want to be away from my wife for over a year.

Does anyone know what we can do?

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File the step-parent I-130 and then try expediting it. You can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria

If the expedite fails you will have to wait it out.


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File the step-parent I-130 and then try expediting it. You can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria

If the expedite fails you will have to wait it out.

That would be it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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