Withdrawing petition for wife but not daughter. Problematic?

[ciao]

I filed I-130 petitions for my wife and daughter a couple of years ago, and have been delaying the interview step, since we were not yet ready to return to the US.

 

We're now starting to think about leaving China, and there are some new considerations. My daughter still wants to go to the US (to go to university), but my wife and I are thinking about going to live in Japan, instead.

 

I have a vague sense that this will cause problems in the US process. Presumably the US authorities are granting my daughter a green card to allow her to live in the US with me. I'm worried that my daughter's application will be denied if I do not return to the US, too.

 

On top of this, there is an additional complication: my wife wants to withdraw her visa application completely -- she says she has no desire to ever live permanently in the US. I have a feeling that withdrawing my wife's application but not my daughter's is going to look very strange to the authorities. It might look as though my wife and I are separating (we're not). And, if we did separate, my relationship with my daughter would cease to exist, because she is not my biological child (more correctly, she is my "step-daughter", I suppose -- but those words feel strange to me)..

 

Any comments or advice, anyone? Thanks.

Edited July 9, 2016 by ciao (see edit history)

[dnoblett]

Why not go through with getting both visas, visit the states and settle step daughter so she gets her green card and living, I assume she will be staying with family. Then after that you and your wife can move to Japan.

[Randy W]

You don't say if it's YOUR daughter and if she was under 18 at the time of marriage.

 

I presume it's both, but these are the details we need to adequately answer your question.

 

Note - step-daughter qualifies as daughter for immigration purposes IF she was under 18 at the time of marriage.

[ciao]

> You don't say if it's YOUR daughter and if she was under 18 at the time of marriage.

 

Technically, she is my step-daughter (my wife's biological daughter from a previous marriage, but not my biological daughter). I have not legally adopted her.

 

She was 8 or 9 at the time of the marriage.

Edited July 9, 2016 by ciao (see edit history)

[ciao]

> Why not go through with getting both visas, visit the states and settle step daughter so she gets her green card and living,

> I assume she will be staying with family.

 

We've considered that. Depending on how long long we had to stay, it would be quite a bit of trouble. We have no home or family in the US, so I suppose we'd have to rent somewhere for a while. My daughter will be staying in a college dorm, I suppose, or some nasty student ghetto, somewhere. She's very independent, and she would not want (or need) us hanging around to "get her settled". But maybe that's what we have to do, if she wants the green card.

 

How long would we have to stay, do you think?

 

And do you think our daughter's green card would be granted if we didn't return to the US?

[dnoblett]

She would get green card status the moment she enters the USA, the visa indicates this status.

 

No need for you to stay any longer than the time to get her settled.

[newacct]

You wouldn't need to withdraw your wife's petition -- it will probably be revoked after a year or so if you don't touch it; or you can touch it once a year to keep it alive in case it's needed in the future.