Me (US spouse), Japan spouse + American dual-citizen kids, need to get them to US with me

[Maa Luu 0]

Just relocated for work to the US. My wife, Japanese, is still in Tokyo, Japan with our kids wrapping up the sale of our place and the eventual transfer of her job to her company's US branch. Our kids have US passports. Although its just been a couple of weeks, I see it getting pretty hard on both of us being away from each other, and in my case also my kids, and in her case sole parenting for now. Are there any exceptions to the normal green card process when there are US citizen kids in the picture or is the process I-130 petition > visa application > wait forever?

[aaron2020 11,651]

Having US citizen kids does not change or speed up the immigration process.

It will take 12-24 months for your wife to get an immigrant visa after you send in the I-130.  

[Dashinka 23,279]

Is your wife’s company working out the work visa for her?

[Maa Luu 0]

5 minutes ago, Dashinka said:

Is your wife’s company working out the work visa for her?

 

That's a possibility. The US headcount position she is applying for the transfer for doesn't open up until October, so I'm trying to figure out whether it makes sense to start now with an I-130 or wait to see if that happens. Are those generally faster?

[Maa Luu 0]

11 minutes ago, aaron2020 said:

Having US citizen kids does not change or speed up the immigration process.

It will take 12-24 months for your wife to get an immigrant visa after you send in the I-130.  

 

Thanks, damn that suck...12-24 months. Hope it's 12.

[Dashinka 23,279]

2 minutes ago, Maa Luu said:

 

That's a possibility. The US headcount position she is applying for the transfer for doesn't open up until October, so I'm trying to figure out whether it makes sense to start now with an I-130 or wait to see if that happens. Are those generally faster?

Usually corporate HR has an easier time getting an L visa.  This is usually faster than the IR1 route.  Not sure if it is possible for you to file the I130 directly to the consulate in Japan as your relocation would most likely qualify as an exceptional circumstance since you have already left Japan.

[Maa Luu 0]

6 minutes ago, Dashinka said:

Usually corporate HR has an easier time getting an L visa.  This is usually faster than the IR1 route.  Not sure if it is possible for you to file the I130 directly to the consulate in Japan as your relocation would most likely qualify as an exceptional circumstance since you have already left Japan.

 

Thanks! I saw that as one of the exceptions. Would the Embassy in Tokyo generally process things faster than here in the States? I was nothing but pleased with their speed on my kids passports/proof of consular birth abroad/my own passport renewal.

[Dashinka 23,279]

Just now, Maa Luu said:

 

Thanks! I saw that as one of the exceptions. Would the Embassy in Tokyo generally process things faster than here in the States? I was nothing but pleased with their speed on my kids passports/proof of consular birth abroad/my own passport renewal.

Yes, Direct Consular Filing under exceptional circumstances is generally much faster than the normal route.

[Maa Luu 0]

9 minutes ago, Dashinka said:

Yes, Direct Consular Filing under exceptional circumstances is generally much faster than the normal route.

Thank you very much!

[SalishSea 16,808]

1 hour ago, Dashinka said:

Usually corporate HR has an easier time getting an L visa.  This is usually faster than the IR1 route.  Not sure if it is possible for you to file the I130 directly to the consulate in Japan as your relocation would most likely qualify as an exceptional circumstance since you have already left Japan.

Doesn't he have to be currently residing in Japan in order to get an exceptional circumstance DCF waiver?  As in, he should have looked into doing this before he left and they sold the house, etc.

[Just Paul 4,591]

46 minutes ago, Jorgedig said:

Doesn't he have to be currently residing in Japan in order to get an exceptional circumstance DCF waiver?

Yes the petitioner needs to reside in Japan at the time of the request.

47 minutes ago, Jorgedig said:

As in, he should have looked into doing this before he left and they sold the house, etc.

Yup, so that option is gone.  Stateside expedite request at USCIS, NVC and consulate are the only options.   Maybe she can get a L1 from her employer.

[Maa Luu 0]

4 minutes ago, Paul & Mary said:

Yes the petitioner needs to reside in Japan at the time of the request.

Yup, so that option is gone.  Stateside expedite request at USCIS, NVC and consulate are the only options.   Maybe she can get a L1 from her employer.

 

If employer grants an L1, is it possible to convert to marriage green card during that term?

[HRQX 4,145]

3 minutes ago, Maa Luu said:

is it possible to convert to marriage green card during that term?

Yes, L-1 visa is one of few non-immigrant visas that allow dual intent: https://citizenpath.com/dual-intent-visas/

[Maa Luu 0]

11 minutes ago, HRQX said:

Yes, L-1 visa is one of few non-immigrant visas that allow dual intent: https://citizenpath.com/dual-intent-visas/

 

Thanks. Do you have any insight on a K-3/4 via I-295F? It seems so rare and according to https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas takes longer than USCIS.

[HRQX 4,145]

4 minutes ago, Maa Luu said:

Do you have any insight on a K-3/4 via I-295F? It seems so rare and according to https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas takes longer than USCIS.

Yes that visa is extremely rare: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

When inside of the US with the L-1 she can adjust status with a I-130 filed by you and I-485, etc. filed by her.