Not sure this is the right place..

[mrsgi65on 0]

No he was here in the states the whole time..

It was hard for him to find a job and keeping it too so I was sending money for months..

6-9k is too much...

[Transborderwife 4,666]

Then perhaps you should return home and have him file a cr1. It'll take about a year. You can do it without a lawyer.

[Gosia & Tito 199]

No he was here in the states the whole time..

It was hard for him to find a job and keeping it too so I was sending money for months..

6-9k is too much...

I'd start with an initial consultation that many attorney don't charge for (but it's short, usually 30 minutes) and that will get you an idea of what options there are. Of course, an attorney would lean towards a scenarion where he/she get some fees. I'd consult a second.

After that, most large cities have a Catholic Services Immigration office, that help with pro-bono attorneys. Pro-bon as you can imagine bring a lot of people to seek the services. The wya they usually work it out is that the service selects cases among the people attending their meetings. Out of 100-200, they might select 10. But there is nothing to lose. Typically, they hold meetings 1-2 times/month and you get to talk to an attorney on your case, usually is quick and often it's a full day matter, yo need to get there early to be able to talk to an attorney.

The service would be also able to refer you to an attorney that has lower fees. Catholic Services might not be the only game in town. I've seen for example in Denver a Justice Information Services that does immigraiton work for women in need.

But you need to get moving before you hit overstay days.

Edited December 18, 2014 by Gosia & Tito

[Rob L 3,811]

I'd start with an initial consultation that many attorney don't charge for (but it's short, usually 30 minutes) and that will get you an idea of what options there are. Of course, an attorney would lean towards a scenarion where he/she get some fees. I'd consult a second.

After that, most large cities have a Catholic Services Immigration office, that help with pro-bono attorneys. Pro-bon as you can imagine bring a lot of people to seek the services. The wya they usually work it out is that the service selects cases among the people attending their meetings. Out of 100-200, they might select 10. But there is nothing to lose. Typically, they hold meetings 1-2 times/month and you get to talk to an attorney on your case, usually is quick and often it's a full day matter, yo need to get there early to be able to talk to an attorney.

The service would be also able to refer you to an attorney that has lower fees. Catholic Services might not be the only game in town. I've seen for example in Denver a Justice Information Services that does immigraiton work for women in need.

But you need to get moving before you hit overstay days.

6 to 8 K legal fees for a case without complications sounds excessive. I would estimate 1 to 3K in attorney fees.. Of course the petition fees on tip of that.

[Transborderwife 4,666]

6 to 8 K legal fees for a case without complications sounds excessive. I would estimate 1 to 3K in attorney fees.. Of course the petition fees on tip of that.

For two people? Including a child that isn't listed as the USC's biological child? I was suggesting 6-8k including filing fees, medical, etc as well. Edited December 18, 2014 by Transborderwife

[NikLR 13,220]

There is no reason now that she is in the USA that she cannot adjust her status. As long as she didn't intend to immigrate and lie to the CBP about her intentions, she can AOS. It is a more expensive process than the IR1 she would have otherwise done however. As for the child, I'm not sure how that would work.

You should had registered your child's birth abroad when she was born, not at 5 years+ old. http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

~~organizer hat on~~

~~moved to what visa do I need from IR1/CR1 process and procedures~~

[Rob L 3,811]

Then perhaps you should return home and have him file a cr1. It'll take about a year. You can do it without a lawyer.

She can adjust her status here without a lawyer as well.

[Rob L 3,811]

There is no reason now that she is in the USA that she cannot adjust her status. As long as she didn't intend to immigrate and lie to the CBP about her intentions, she can AOS. It is a more expensive process than the IR1 she would have otherwise done however. As for the child, I'm not sure how that would work.

You should had registered your child's birth abroad when she was born, not at 5 years+ old. http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

~~organizer hat on~~

~~moved to what visa do I need from IR1/CR1 process and procedures~~

Interesting , Reading this document states that you have until you are 18 to register but implies you do this overseas.

[NikLR 13,220]

Yes it's normally done right after the child is born overseas. This way they have all the rights to citizenship right away. However I'm unsure what to do in this child's case as she was born overseas, entered as a Japanese citizen but is also a US citizen. You have to prove she's a US citizen with certain documents when applying for passport, none of which this child has.

Edited December 19, 2014 by NLR

[jan22 2,898]

How did the child get into the US? Japanese passport and ESTA? If so, you've made it more complicated to get US citizenship documents in the US based on Japanese documents without the US citizen parent's name on the birth certificate. (BTW, under US law, US citizens must enter and leave the US on US passports).

[Rob L 3,811]

The child must have a Japanese passport as he is a Japanese citizen. The FS-240 will help document the Childs Citizenship, but the question is how do you do that domestically?

[mrsgi65on 0]

There is no reason now that she is in the USA that she cannot adjust her status. As long as she didn't intend to immigrate and lie to the CBP about her intentions, she can AOS. It is a more expensive process than the IR1 she would have otherwise done however. As for the child, I'm not sure how that would work.

You should had registered your child's birth abroad when she was born, not at 5 years+ old. http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

~~organizer hat on~~

~~moved to what visa do I need from IR1/CR1 process and procedures~~

Yes I would have filed for crba for our daughter... If I could get my husband over to jp it was easy as pie... but that didn't work out for us... We've called the council in jp and they told us what they need and everything.. I did all I can and had all the paporworks ready just waiting for my husbands 5 years proof of residency in the US prior to the birth..

We got stuck there..

My husband doesn't have a US passport either just so you know the situation..

He just got started on his new job and struggling.. that's why I thought if I could work too so we could double the income and just try to live for what we have.. we can't just depend on our parents forever and We're trying to build a decent family together..

I'm sorry I don't have much knowledge of immigration like you all do...

But I'm learning every aspects you all been providing for us and I thank you all for helping me!!

[raven52 233]

It seems that you want a simple answer to a very difficult question, and the majority of our posters think you should go back to JP and come through the CR-1, about a year, give or take.

If you are adamant to staying, then get very good legal counsel, you will need it.

I hope all goes well for you, and your family stays together, but please, do not break any laws, by over-staying.

[Lauren and Kevin 55]

All the way through this I am seeing an extreme shortage of money. As I am reading it, this shortage is not going to go away any time soon, and by staying and working, you could build up huge barriers to you staying permanently in the future, it could be a decision you both bitterly regret.

I would suggest for now the first practical action is to break down the spending of the small money you have wisely for the basics to simplify your case. For example The US passport and documentation (certified birth certificate) of your partner and other documents he needs to register your child as a US citizen.

I honestly do not see how you are going to persuade the USCIS that you can survive, thrive and not become dependent on the State at your current income. I hate to suggest this but Hubby is the key to this, a better and well paid job will overcome so many of the obstacles.

[milimelo 4,205]

What's the husband's status? Born in the US USC or naturalized USC? Asking because you say he doesn't even have a passport...