AOS pending, received PCS orders, Child wants to stay in US

[Taylor_Made86 0]

To sum up, I'm military, married my wife in Japan after I came back to states (so she unfortunately was not on my orders) , submitted K3 visa, approved and they moved in, submitted I-751A and I-751 For my wife and her son on Sept 30 2022. We are still waiting on response, the last item we did was to do Bio metrics (fingerprints) taken for the son on June 12, 2023. The USCIS website shows an average of 25-29 months based off of what branch office you select.

I received an assignment to go back to Japan, I probably will not get my hard copy orders until September or October, with a report date of November.

 

My question is, if we move to Japan, and my son (age 19) decides to stay and we fly off to the Land of the Rising Sun, will he be able to continue to live in the US under the I-751A? (if the conditions aren't removed by the time we leave...)

My wife and son don't want to give up their citizenship, hence the visa. In Japan they are given until 21 for them to decide if they are going to stay a Japanese citizen or not. So we do not want him to rush things due to him living most of his life in Japan.

 

Thanks for the advice.

[K1visaHopeful 2,912]

6 hours ago, Taylor_Made86 said:

To sum up, I'm military, married my wife in Japan after I came back to states (so she unfortunately was not on my orders) , submitted K3 visa, approved and they moved in, submitted I-751A and I-751 For my wife and her son on Sept 30 2022. We are still waiting on response, the last item we did was to do Bio metrics (fingerprints) taken for the son on June 12, 2023. The USCIS website shows an average of 25-29 months based off of what branch office you select.

I received an assignment to go back to Japan, I probably will not get my hard copy orders until September or October, with a report date of November.

 

My question is, if we move to Japan, and my son (age 19) decides to stay and we fly off to the Land of the Rising Sun, will he be able to continue to live in the US under the I-751A? (if the conditions aren't removed by the time we leave...)

My wife and son don't want to give up their citizenship, hence the visa. In Japan they are given until 21 for them to decide if they are going to stay a Japanese citizen or not. So we do not want him to rush things due to him living most of his life in Japan.

 

Thanks for the advice.

Kindly fill out your VJ timeline in reciprocity. 

I'm not understanding your process otherwise so we need that to help you.

 

Your wife and step son already have their GC and are now filling I751 Removal of Conditions????

 

[Taylor_Made86 0]

Yes, they already received the conditional green card. We applied for the removal of conditions back in sep 2022. We received the extension letter sometime later that extended everyones PRC visas for 48 months. So we are still in that window of waiting for the 751's to get approved. And now I have orders to go overseas. The question is if my son needs to come with me to Japan until the 751 gets approved or if he can stay in the US while waiting for the 751 when his parents/guardians are in another country.

[milimelo 4,590]

Why didn't you file for wife's naturalization already? Your PCS orders should be able to get you 319b naturalization or at least faster processing. 

[OldUser 8,316]

17 minutes ago, milimelo said:

Why didn't you file for wife's naturalization already? Your PCS orders should be able to get you 319b naturalization or at least faster processing. 

If I understood correctly, because wife doesn't want to lose Japanese citizenship. They don't allow multiple citizenships...

[milimelo 4,590]

22 minutes ago, OldUser said:

If I understood correctly, because wife doesn't want to lose Japanese citizenship. They don't allow multiple citizenships...

Listed country is PI, not Japan - says married my wife in Japan, not that she's Japanese...

[OldUser 8,316]

2 minutes ago, milimelo said:

Listed country is PI, not Japan - says married my wife in Japan, not that she's Japanese...

At the same time:

 

18 hours ago, Taylor_Made86 said:

My wife and son don't want to give up their citizenship, hence the visa. In Japan they are given until 21 for them to decide if they are going to stay a Japanese citizen or not. So we do not want him to rush things due to him living most of his life in Japan.

 

Thanks for the advice.

I think OP may be a naturalized citizen from Philippines but his wife and son are Japanese?

 

Assumptions only, more info would be needed from OP.

[Taylor_Made86 0]

Wife is Filipino, lived in Japan for 15 years, has 2 sons with a Japanese. She left him like 10 years ago. Kept Japanese residency since she had 2 kids who grew up in Japan.

When I married her one of the kids stayed in Japan with the grandparents, one came with us to TX. She doesnt want to lose the residency of where her sons grew up (because they will probably end up back there anyway). So we went just for a residency because she was living with me. Now we have an assignment.. not orders.. to go to Okinawa Japan. I wont get my orders for another few months.. so nothing I have yet will accelerate my case.

 

The question still remains that the son that came with me now wants to stay in US while we go to Japan.

There is no concern with my wife due to the fact that since she will be on my orders that being overseas will still count towards PRC.

Edited March 12 by Taylor_Made86
fixed clerical errors.

[OldUser 8,316]

5 hours ago, Taylor_Made86 said:

Wife is Filipino, lived in Japan for 15 years, has 2 sons with a Japanese. She left him like 10 years ago. Kept Japanese residency since she had 2 kids who grew up in Japan.

When I married her one of the kids stayed in Japan with the grandparents, one came with us to TX. She doesnt want to lose the residency of where her sons grew up (because they will probably end up back there anyway).

Why would wife lose Japanese residency if she naturalizes in the US?

She will briefly lose Philippines citizenship, which she can reinstate. But I don't see how this affects Japan residency for her or her sons?

Edited March 13 by OldUser

[OldUser 8,316]

5 hours ago, Taylor_Made86 said:

The question still remains that the son that came with me now wants to stay in US while we go to Japan.

There is no concern with my wife due to the fact that since she will be on my orders that being overseas will still count towards PRC.

As long as your relationship is OK and she gets conditions removed, I don't see how this could affect the son staying in the US. He's a US LPR. LPRs are encouraged to live in the US to maintain their residence.

 

I'd be more concerned about the other son going to Japan (if he's also US LPR). Your wife has a perfect reason to be following you to Japan, since you're in the military on assignment.

Edited March 13 by OldUser

[OldUser 8,316]

In any case, I think it wouldn't hurt getting a good lawyer's opinion (if he / she is a member of AILA).

This is not a very straightforward situation we see on VJ every day.

 

And maybe even involving Japanese immigration lawyer to confirm Japanese residency won't be lost if your spouse and son become US citizens. I don't see how it would be lost, but hey, I'm just a guy online.

Edited March 13 by OldUser

[OldUser 8,316]

Also, correction to the terminology in title: your spouse and son(s) are going through Removal of Conditions (ROC), not Adjustment of Status (AOS).

[Taylor_Made86 0]

5 minutes ago, OldUser said:

Also, correction to the terminology in title: your spouse and son(s) are going through Removal of Conditions (ROC), not Adjustment of Status (AOS).

Ah ya I'll make that correction. 

 

Japan's residency is very strict. But like I stated I'm not worried about my wife's situation it was about the son and there being half a world away from us the petitioner.