Fiancee in Japan, Son in Philippines

[smokeface 17]

I am going to be petitioning for my fiancee who is currently working in Japan. We will do everything through the USEM in Japan. The problem is her son lives with her mother in the Philippines. We want to bring him to the US within the one year time frame for him to join her, but not at the same time as her. She wants to leave him there in the Philippines with her mother so she can adjust to things here first. Is this even possible? Will we have to schedule everything for him before he comes, then she will fly to the Philippines to get him, fly to Japan and do everything needed, then fly from Japan to the US? Is it possible for him to do his interview in the Philippines and get his CFO sticker so he doesn't have to go to Japan? Also she won't have a CFO sticker, so if she goes to get him in the Philippines will she have to get one to leave there to come to the US? I have heard a green card will be enough for her to go back to the Philippines and leave without any trouble but am not sure.

[apple21 953]

Don't complicate things.

Best scenario, IMO, file K1 for her so she'll go thru Japan US Embassy. Once you're married, file i130 for your stepson. He will be processed in the Philippines.

She doesn't need the CFO sticker since she'll acquire the K1 visa outside Manila and fly from Japan. Even if she picks up her son, she wouldn't need the sticker.

Her son will be required to go thru CFO though.

Edited December 15, 2016 by apple21

[Sagot 1,548]

I am going to be petitioning for my fiancee who is currently working in Japan. We will do everything through the USEM in Japan. The problem is her son lives with her mother in the Philippines. We want to bring him to the US within the one year time frame for him to join her, but not at the same time as her. She wants to leave him there in the Philippines with her mother so she can adjust to things here first. Is this even possible? Will we have to schedule everything for him before he comes, then she will fly to the Philippines to get him, fly to Japan and do everything needed, then fly from Japan to the US? Is it possible for him to do his interview in the Philippines and get his CFO sticker so he doesn't have to go to Japan? Also she won't have a CFO sticker, so if she goes to get him in the Philippines will she have to get one to leave there to come to the US? I have heard a green card will be enough for her to go back to the Philippines and leave without any trouble but am not sure.

Yes, totally possible. You list the child on the I-129F, then within a year of when your fiancee was issued her visa the child must be issued his visa.

No problem with your fiancee completing her visa process in Japan and the son completing his visa process in Manila at USEM using the Japan case number.

The child's visa MUST be ISSUED within a year of the ISSUED date for your fiancee. This means start early enough to get it done within the time frame.

Once your fiancee has her green card there will not be an issue with her not have the CFO sticker. Only her son will need the CFO sticker and depending on age he may only need to be registered to get the sticker.

http://visaconnection-philippines.com/index.php/2-visa-process/3-usem-k-1-visa

Derivatives

PDOS seminar

Children above 12 years of age attend PDOS.

http://cfo.gov.ph/rnr-pdos.html

Scheduling

https://cfo.ph/pdos_reservation/

Don't complicate things.

Best scenario, IMO, file K1 for her so she'll go thru Japan US Embassy. Once you're married, file i130 for your stepson. He will be processed in the Philippines.

She doesn't need the CFO sticker since she'll acquire the K1 visa outside Manila and fly from Japan. Even if she picks up her son, she wouldn't need the sticker.

Her son will be required to go thru CFO though.

That is so wrong... with the K-1 the child can be listed on the I-129F and will be allowed to complete a FOLLOW TO JOIN within a year of when the mother was ISSUED her visa in Japan.

Your way is making it complicated.

And with CFO where the visa was issued has no bearing with needing the CFO sticker, if she flew from Japan to the Philippines before flying to the USA she would need the CFO sticker.

As long as she has her green card when entering the Philippines there will be no CFO requirement.

Edited December 15, 2016 by Philippines^Sagot

[javadown2 308]

The problem is will she actually have the green card within one year? Are you thinking K-1? Even with an advanced parole isn't she chancing it leaving the US and re-entering again? So maybe with a child it's obviously a different scenario so I'm just curious how that works also.

[Sagot 1,548]

AOS takes 4-6 months after filing to receive the green card - most of the time . CSC is quicker than VSC - being Virginia that makes it more like 6 months.

The AP I-131 and EAD I-765 when filed with the I-485 are free and process in about 2-3 months - most times. (gotta have disclaimers now a days)

If they don't delay getting married or filing AOS it will be easy to accomplish this and the FOLLOW TO JOIN within the year time frame.

Edited December 16, 2016 by Philippines^Sagot