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

[EM_Vandaveer 2,370]

6 hours ago, Moonspell360 said:

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. 

Did you marry your wife before her daughter turned 18?

[Just Paul 4,591]

OP,  you have wasted a lot of time doing this based on you post from last year.  I'm not going to dig thru your old post but people here want to help you.

What was the age of the daughter at the time of marriage?

What is the daughter's birthday?

 

 

[JFH 12,189]

1 minute ago, Paul & Mary said:

OP,  you have wasted a lot of time doing this based on you post from last year.  I'm not going to dig thru your old post but people here want to help you.

What was the age of the daughter at the time of marriage?

What is the daughter's birthday?

 

 

I thought the story sounded familiar...

[belinda63 2,981]

You have two choices. Your spouse can apply for her as a step-father. This means it will take about a year for her to obtain her visa and come to the US. The baby will not get a visa. Once she arrives she can apply for a re-entry permit and once it is approved she can return home for two years. She will also need to apply for a visa for the baby as soon as she arrives in the US as the process will take about two years to get the baby a visa. 

You, the LPR mother can apply for her and the mother and child can come together. If she ages out the process will take several years. She must remain single the entire time. 

[Moonspell360 1]

Yeah, we wasted time and money doing all this tourist petition, my step daughter is not married, she's just living with her bf and her baby. 

She was born 06/14/1999

Her bf says he agrees 100% with my step daughter in coming here with the baby and wait until she's here to see how he can come to reunite with his family. 

All we want to make sure is my step daughter still Has a chance to come here even if she was denied her tourist application. 

[Moonspell360 1]

I married my wife when her daughter was 17

[Moonspell360 1]

She was born 06/14/1999

[Just Paul 4,591]

1 hour ago, Moonspell360 said:

All we want to make sure is my step daughter still Has a chance to come here even if she was denied her tourist application.

Tourist Visa denial does not affect an IR petition

[Moonspell360 1]

3 hours ago, Paul & Mary said:

OP,  you have wasted a lot of time doing this based on you post from last year.  I'm not going to dig thru your old post but people here want to help you.

What was the age of the daughter at the time of marriage?

What is the daughter's birthday?

 

 

She was 17 when I married to her mother,she was born in 06/14/1999

I guess we have to make a decision asap be for its too late 

[Unlockable 7,306]

3 hours ago, Moonspell360 said:

Yeah, we wasted time and money doing all this tourist petition, my step daughter is not married, she's just living with her bf and her baby. 

She was born 06/14/1999

Her bf says he agrees 100% with my step daughter in coming here with the baby and wait until she's here to see how he can come to reunite with his family. 

All we want to make sure is my step daughter still Has a chance to come here even if she was denied her tourist application. 

I noticed marriage was not mentioned between your stepdaughter and her bf. If it is not on the table right now, you need to prepare your stepdaughter to be separated from her bf for a while. The only way for him to properly immigrate is as her husband.

 

Quote

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 is not going to happen. It is almost a guarantee that he is not going to get a tourist visa. You, me, and everybody here knows that if he was to get a tourist visa, he will use it to migrate, which is illegal. If a bunch of strangers on an internet forum can suspect his plan for the tourist visa, an experienced officer will see it a mile away.

 

1 hour ago, Moonspell360 said:

She was 17 when I married to her mother,she was born in 06/14/1999

I guess we have to make a decision asap be for its too late 

Yes, you need to make a decision. Time is not on her side. She reaches 21 and it is another ball game.

 

Listen, she is young. She was not thinking about long term plans when she wanted to stay behind to finish school. She was probably only thinking about her friends and social groups. Things have changed now, she has a baby to think about. The decisions she makes need to be well thought out and there should definitely be an understanding of the ramification of those decisions. 

 

Talk to her about the options. Make her realize this will not be an easy process and there are no short cuts. Sacrifices will have to be made.

 

[Moonspell360 1]

One last question, can she apply for his visa after she goes back to Colombia to marry him? If so,how long she has to wait to do that, I mean after she is approved to inmigrate.

[Weebee 57]

12 minutes ago, Moonspell360 said:

One last question, can she apply for his visa after she goes back to Colombia to marry him? If so,how long she has to wait to do that, I mean after she is approved to inmigrate.

She can petition right after she gets her green card. 

But do you realize you need to sponsor all 3 of them? Household size and income is something to consider as well.

[Ameriaussie 49]

11 hours ago, Moonspell360 said:

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. 

No, you won't have enough time. Sorry.

[apple21 953]

15 hours ago, Moonspell360 said:

One last question, can she apply for his visa after she goes back to Colombia to marry him? If so,how long she has to wait to do that, I mean after she is approved to inmigrate.

It will take around 2+ years for BF and their child to immigrate under F2A category. You as the USC step parent file the i130 NOW. You already got the answers.