Should Stepchildren Finalize Visa Process if Mother was Denied?

[AndyLina2016 1]

My wife was denied an immigration visa. No chance of an appeal at this time.

But my two stepdaughters are poised to get their visas after I submit some final requested documents.

Since they are 13 and 14 years old, there is no way that they will stay with me in the US without their mother.

 

I have a few simple questions:

Do I complete the process and get their visas? Is there an upside since they will not live in the US?

Is there a downside to abandoning the visa? Or is it better to leave the process incomplete and forfeit the opportunity?

Are there other things for me to consider?

 

I know that I should consult a lawyer but I'm hoping for some insight here first before I move ahead. Thank you!

[aleful 1,905]

it would be a waste of your money, since they aren't coming

 

no consequences in cancelling their petitions

 

 

 

 

[Boiler 45,657]

17 minutes ago, aleful said:

it would be a waste of your money, since they aren't coming

 

no consequences in cancelling their petitions

 

agree, no point in going further, not sure what a lawyer could add.

[Unshakable Faith 493]

I thought you could always appeal spousal visa decisions?

[Boiler 45,657]

24 minutes ago, Unshakable Faith said:

I thought you could always appeal spousal visa decisions?

not everything.

[AndyLina2016 1]

There is no addition cost to complete the visa. Money already paid. I just need to send a document to the Embassy.

 

If the girls get their visa they can visit the US for a short time, but return to their mother. Then they will eventual give up their visas since they will not return to the US.

 

Is there an upside to completing the process? Receiving the visa. But then later giving it up.

 

We can do one of the three: 

 

1) Complete the process. But not use the visa, Let it lapse without entering the US.

2) Complete the process. Travel to the US. But leave US and not return. Eventually lose the visa.

3) Do not complete the process. Let the application die at the Embassy.

 

I do not want to hurt the girls future on entering the US as an Immigrant or a tourist. Thankss.

 

 

[Ontarkie 14,275]

They did their medicals already? 

 

Can the CO even approve their visa after their mother was denied? 

Also they would need permission to leave the country from both parents. This permission is not the same needed to visit, the parents would need to write that they are giving permission for a permanent move. Without permission they would not get the visa. 

 

No offence but as a mother it would be a cold day in hades before I send my kids to another country that I would never be allowed into. 

Edited February 2, 2018 by Ontarkie

[Boiler 45,657]

He is petitioning them as Step Daughters, they are not derivatives.

[Ontarkie 14,275]

19 minutes ago, Boiler said:

He is petitioning them as Step Daughters, they are not derivatives.

Thanks I tried to google and that didn't really give me any real answers. 

[Illiria 980]

20 hours ago, Unshakable Faith said:

I thought you could always appeal spousal visa decisions?

Depends what the embassy says the wife did to get denied

[pushbrk 12,969]

An immigrant visa is not a product one buys from the self.  The chances a child will get an immigrant visa, they will not actually use to immigrate to the US.  CR2 is used one time, and then the green card comes in the mail if you pay the new immigrant fee.  I don't see any justification for issuing them visas, and there may well be plenty of reason not to.  If they don't think the marriage is bona fide or even legal, then the step child relationship is not bona fide or legal either.

 

Why was the spouse visa denied?

[Boiler 45,657]

8 minutes ago, pushbrk said:

An immigrant visa is not a product one buys from the self.  The chances a child will get an immigrant visa, they will not actually use to immigrate to the US.  CR2 is used one time, and then the green card comes in the mail if you pay the new immigrant fee.  I don't see any justification for issuing them visas, and there may well be plenty of reason not to.  If they don't think the marriage is bona fide or even legal, then the step child relationship is not bona fide or legal either.

 

Why was the spouse visa denied?

I remember the OPs  prior threads and there is nothing to suggest that the marriage is not legitimate, not sure what the long term plan is but it does not involve moving to the US.