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cdy

Trying to bring step- daughter and her daughter to the US

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Filed: Country: Colombia
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Here is the backgrond:

My wife and her 2 youngest daughter arrived over a year ago under fiancee visa - we are now married and they all have their green card.

The oldest daughter who is 19 was not included on original fianceee visa application - at the time - 2 years ago,she was living with her boyfriend and just had a baby - fast forward to now - no more boyfriend - her child is now 2 years old - wife wants to bring her and the baby to the US to live.

We tried to get them a tourist visa for the short term but they were turned down - daughter has no job, no property, no money - we help support them.

not sure what Visa we should prusue at this point - I understand it gets much more difficult once she hits 21.

Does my wife petition for her daughter? How does the child complicate matters ( she has a letter from the father allowing the child to move to the US).

Is there an income test for just my wife? - I would not think so - since we are married would include my income - which is plenty to qualify.

Any insights would be appreciated

also - how long does the process take, how much and what are the chances of getting approved?

Thanks.

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why your wife didn't petition her daughter when she got her GC ?

I think the best solution now is you make your wife petition her daughter and her grandson. The wait time now is like year and half for a visa number, I think once she have a visa number available for her, then her age will freeze [ review CSPA] she needs to be under 21 until her PD becomes current.

I think you can petition her and she will have an immediate visa number but she can't bring her son with her. In my opinion, the best solution if you make a visit to an immigration lawyer so you can review all the facts with him. Then you go for the best solution.

You need to move fast because she is aging out soon, in less than 2 years.


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Was the daughter under 18 when you married her mother? If so, you can petition for her. When she enters the US, she can immediately petition for the child.

Or the mom can petition her and the child would be able to come under that petition as well. Mom shouldn't become a USC until the daughter and child are issued visas. She is 19 already, so she should petition for her ASAP to get the process going.

The latter is a better option if she wants to be able to travel with the child, but it would take a couple of years and she would risk aging out. The former she can come much faster, but wouldn't be able to bring the child right away.


This does not constitute legal advice.

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