Overseas Federal Employee on Orders

[RC911 0]

I am a federal GS employee working overseas (Japan) on a military base. I have been searching for guidance on how my step children can apply for a US green card. They are Philippine citizens and are on my government orders. We are all on SOFA visas living in Japan.  I am trying to see what application my sons would use to apply for a green card. 

I found several articles on active duty but nothing on federal civilians overseas. Would they have to be in the USA before I can apply? Our address in Japan is a US address, (APO,AP). 

 

Have any federal employees applied for step children's US permanent residence while being overseas on government orders? I'm not sure where to start or if they need to be in the USA before applying. 

Their mom already holds a green card but this was done while we were still living in the USA, the children joined us later after arriving in Japan. 

 

 

 

 

 

[HRQX 4,145]

7 minutes ago, RC911 said:

I am trying to see what application my sons would use to apply for a green card.

What were their ages when you married your wife?

[RC911 0]

Just now, HRQX said:

What were their ages when you married your wife?

11 and 15, they are now 14 and 19. 

[HRQX 4,145]

2 minutes ago, RC911 said:

11 and 15, they are now 14 and 19. 

When do you intend to return to mainland US?

12 minutes ago, RC911 said:

I'm not sure where to start

They would need IR-2 visas. To begin the process you (the US citizen) will file 2 Form I-130 petitions (i.e. 1 per child). I recommend filing the petitions online: https://www.uscis.gov/i-130

[RC911 0]

4 minutes ago, HRQX said:

When do you intend to return to mainland US?

They would need IR-2 visas. To begin the process you (the US citizen) will file 2 Form I-130 petitions (i.e. 1 per child). I recommend filing the petitions online: https://www.uscis.gov/i-130

My five year civilian overseas limit is coming up Jan 2022. 

I have heard military members are able to apply for their family permanent residence while overseas. Couldn't my sons apply while we are still on a DOD installation overseas? 

[SalishSea 17,916]

27 minutes ago, RC911 said:

My five year civilian overseas limit is coming up Jan 2022. 

I have heard military members are able to apply for their family permanent residence while overseas. Couldn't my sons apply while we are still on a DOD installation overseas? 

You have to petition them before they can apply for a visa.

[Chancy 6,241]

3 hours ago, RC911 said:

I have heard military members are able to apply for their family permanent residence while overseas. Couldn't my sons apply while we are still on a DOD installation overseas? 

 

Any US citizen, whether military members or not, may petition for their children from anywhere in the world.  The usual way to do so is to file an I-130 petition with USCIS, either online or via mail.

 

Active duty military members permanently assigned to a military base in Japan also have the option of filing the petition directly with the embassy at Tokyo or the consulate at Naha.  Normally, this filing option is not available to DoD civilians, but if you have exceptional circumstances (say, imminent relocation to the US due to your job), you may also be eligible.  Contact the Immigrant Visa Unit at Tokyo or Naha to ask if you qualify.  Explain and provide evidence of your exceptional situation.

 

"Exceptional Filing" for U.S. Citizen Petitioners who are not active duty military -- https://jp.usembassy.gov/visas/immigrant-visas/mil-blanket-faqs/

"Under certain circumstances, and on a case-by-case basis, the USCIS Office may authorize the Department of State to accept and approve I-130 petitions for U.S. citizen petitioners who are not active duty military. This would apply to any Department of Defense civilians and contractors, active duty dependents, service members temporarily stationed or deployed to Japan, and non-military petitioners."

 

More info here -- https://jp.usembassy.gov/visas/immigrant-visas/family-immigration/apply-step1/

 

[Chancy 6,241]

*** Moved from US Citizenship General Discussion to Bringing Family of USCs to America -- OP is a civilian federal employee looking to start the immigration process for his step-children ***

 

[Cyberfx1024 7,980]

19 hours ago, RC911 said:

I am a federal GS employee working overseas (Japan) on a military base. I have been searching for guidance on how my step children can apply for a US green card. They are Philippine citizens and are on my government orders. We are all on SOFA visas living in Japan.  I am trying to see what application my sons would use to apply for a green card. 

I found several articles on active duty but nothing on federal civilians overseas. Would they have to be in the USA before I can apply? Our address in Japan is a US address, (APO,AP). 

 

Have any federal employees applied for step children's US permanent residence while being overseas on government orders? I'm not sure where to start or if they need to be in the USA before applying. 

Their mom already holds a green card but this was done while we were still living in the USA, the children joined us later after arriving in Japan. 

Yes, as a Federal Civilian you can apply for them for a Green Card. If were you I would call the US Embassy in Tokyo to see if you can file for DCF because this certainly seems like a good situation for that. 

Since you are a US Civilian working abroad for the US government this allows you a wide amount of latitude to do things like this. I am a DAC myself and have looked into this quite extensively.