Visa Alternatives After Embassy Denial

[eugene176 0]

My wife and I started with the immigration process in 2006. I am a US citizen and petitioned her while she is in the US. My wife had a prior marriage and 5 kids in the Philippines. We petitioned each child and 4 were able to secure their visa - 4 got an approval from US embassy in Manila and they are now living with us since 2007.

However, my stepdaughter who was 18 at that time was denied of a visa. The reason for the denial was that our marriage occured days after her 18th birthday. We knew about this even before filing the petitions but we pursued the application process anyway since my step daughter's initial 1-130 application was approved together with her siblings. The embassy in the Philippines sent her paperwork to NVC and we received a few letters stating the reason for the denial and if we wanted to appeal. We never got into appealing because we thought that we had no grounds to do so.

She is now 21 years old and still unmarried but she now has a daughter. We would like to petition her again since my wife will soon become a US citizen. But I was wondering if there is a way that we can use the visa alloted to her in the past or anything that could possibly expedite the process. We all feel very bad for my step daugther because she was left in the Philippines without any of her immediate family. The priority dates for US citizens petitioning unmarried children over 21 is 1993.....is this anyway correct? A permanent resident petitioning for an unmarried 21 over daughter is 1998. Why would petitioning a relative while a permanent resident faster than a US citizen?

Would appreciate any comments/feedback on this matter. Thanks!

Eugene176

[aleful 1,905]

My wife and I started with the immigration process in 2006. I am a US citizen and petitioned her while she is in the US. My wife had a prior marriage and 5 kids in the Philippines. We petitioned each child and 4 were able to secure their visa - 4 got an approval from US embassy in Manila and they are now living with us since 2007.

However, my stepdaughter who was 18 at that time was denied of a visa. The reason for the denial was that our marriage occured days after her 18th birthday. We knew about this even before filing the petitions but we pursued the application process anyway since my step daughter's initial 1-130 application was approved together with her siblings. The embassy in the Philippines sent her paperwork to NVC and we received a few letters stating the reason for the denial and if we wanted to appeal. We never got into appealing because we thought that we had no grounds to do so.

She is now 21 years old and still unmarried but she now has a daughter. We would like to petition her again since my wife will soon become a US citizen. But I was wondering if there is a way that we can use the visa alloted to her in the past or anything that could possibly expedite the process. We all feel very bad for my step daugther because she was left in the Philippines without any of her immediate family. The priority dates for US citizens petitioning unmarried children over 21 is 1993.....is this anyway correct? A permanent resident petitioning for an unmarried 21 over daughter is 1998. Why would petitioning a relative while a permanent resident faster than a US citizen?

Would appreciate any comments/feedback on this matter. Thanks!

Eugene176

NO.

that was a petition that you filed and weren't qualified to do so. Once her mom is a USC, she must file an i130.

[eugene176 0]

NO.

that was a petition that you filed and weren't qualified to do so. Once her mom is a USC, she must file an i130.

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How long would for my wife who will soon be a US Citizen to petition her daughter in the Philippines? Travel Bulletin date is March 1994 (April 2010) ...does that mean it would take 16 years for a visa to be available??? Am I reading this correctly?

[aleful 1,905]

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How long would for my wife who will soon be a US Citizen to petition her daughter in the Philippines? Travel Bulletin date is March 1994 (April 2010) ...does that mean it would take 16 years for a visa to be available??? Am I reading this correctly?

correct, more than 16 years.

[cucumber 0]

NO.

that was a petition that you filed and weren't qualified to do so. Once her mom is a USC, she must file an i130.

[cucumber 0]

your wife must file I130 now while her daughter is still unmarried and while your wife is still LPR coz I guess in the Phil., pettion for unmarried son/daughters of LPR are faster than petitions filed by US citizen.don't waste time .file now...