Can petition be made for daughter of us legal resident after being denied tourist visa?

[Moonspell360 1]

I think we made a big mistake, my wife's daughter who is 20 now had plans in coming here before she turned 21, my wife came as a k1 visa holder and her daughter remained in Colombia until she finished school, soon after she finished school she got pregnant, now she and her boyfriend applied for tourist visa but visa was denied, 

Can my wife apply for her and her baby to come here before she turns 21? I had the chance to apply for her as American citizen but we were told since she has a baby I'm no longer elegible to do it, but my wife instead. 

Edited July 20, 2019 by Moonspell360

[milimelo 4,502]

Yes, wife can apply for her unmarried daughter. 

[aaron2020 11,651]

 

You can file for your stepdaughter since you married mom before her 18th birthday.  It would be an Immediate Relative case, so she can not bring her baby with her.  

 

Is mom a US citizen or  an LPR?  It matters.  If she is a USC, then she would have the same problem as you filing.  If she is an LPR, then she can file for her daughter in the F2a category where she can bring the baby with her.  This is currently taking about 2 years to process for an immigration visa.  There is a strong chance that she will age out into the F2b category when she turns 21 and it will take 6-7 years for her to immigrate with the baby. 

 

When will your stepdaughter turn 21?  Her birthday please. 

[Boiler 45,670]

So they want to visit or immigrate.

 

What about the Boyfriend?

[Moonspell360 1]

She is thinking in coming with her baby first to migrate, once here she will figure out how to bring her boyfriend as a tourist first, we don't want to mess it up again 

[Boiler 45,670]

She can not bring her boyfriend as a tourist, and it does not sound he just wants to visit anyway.

[Daphne . 1,888]

6 minutes ago, Moonspell360 said:

She is thinking in coming with her baby first to migrate, once here she will figure out how to bring her boyfriend as a tourist first, we don't want to mess it up again 

That tourist visa might get tricky for him, it was denied before and with a girlfriend, baby and inlaws in the US his ties to the US will be even stronger then..

 

Also (not sure as this might be different in different countries) will he give permission for bringing the baby to the US without him? 

 

Some more food for thought.. 

I hope it will all work out for you 🤞🏻🤞🏻🤞🏻

[aaron2020 11,651]

15 minutes ago, Moonspell360 said:

She is thinking in coming with her baby first to migrate, once here she will figure out how to bring her boyfriend as a tourist first, we don't want to mess it up again 

A tourist visa is not the appropriate visa to immigrate to the US.

 

She can not do anything to help her boyfriend with a tourist visa.  With his circumstances, there is little chance that he would ever get a visitor visa.  

 

Once she becomes a green card holder, she can go back to marry him and petition for him in the F2a category.

When is she turning 21?

What's mom's status?

If you don't want to mess this up again, then give us the necessary information to help you.    

Edited July 20, 2019 by aaron2020

[Moonspell360 1]

2 minutes ago, aaron2020 said:

A tourist visa is not the appropriate visa to immigrate to the US.

 

She can not do anything to help her boyfriend with a tourist visa.  With his circumstances, there is little chance that he would ever get a visitor visa.  

 

Once she becomes a green card holder, she can go back to marry him and petition for him in the F2a category.  

But, is she still able to immigrate here since she is under 21 and daughter of a legal resident? 

[SusieQQQ 11,586]

Just now, Moonspell360 said:

But, is she still able to immigrate here since she is under 21 and daughter of a legal resident? 

Yes, but the timing  depends on her age when her priority date gets current. 

[Boiler 45,670]

Just now, Moonspell360 said:

But, is she still able to immigrate here since she is under 21 and daughter of a legal resident? 

She can immigrate under or over 21, just different categories.

[aaron2020 11,651]

2 minutes ago, Moonspell360 said:

But, is she still able to immigrate here since she is under 21 and daughter of a legal resident? 

An LPR can file for an unmarried child under or over 21.  

When she comes depends on when she turns 21 which you haven't answered after being asked several time.  

 

Edited July 20, 2019 by aaron2020

[Pinkrlion 2,724]

It's sounds like they were planning for them to come on a visitors visa and then file AOS, but that backfired when visitors visa was denied, so they are trying to find a way to get her up here before she turns 21. 

[apple21 953]

If marriage happened before stepdaughter's 18 birthday she qualifies for IR2. File i130 now so her age freezes. The downfall is she would have to leave her baby behind with the boyfriend/father. Once stepdaughter gets GC, she can marry her BF and then file i130 for him. Their baby will be a derivative. They will immigrate in 2+ years. 

Edited July 20, 2019 by apple21
Edit

[apple21 953]

On a side note, stepdaughter can apply for Re-entry permit if she wants to go back in Columbia. It will allow her to stay there maximum 2 years without losing her LPR status. After 2 years she will have to return to the US.