IR2 and CR2 Visas for Step-child denied in China

[peter2017 0]

My step-daughter was just denied a visa to come to America at her interview in Guangzhou China.  I am an American citizen and was the petitioner.  They said they need proof of the mother's status in America, such as a green card.  My wife is in the process of getting a green card but it will take another year or two because of the changes under the Trump administration.  

 

I thought since I was the petitioner, my wife's status would not matter.  Nothing in the directions said they needed any evidence of my wife's status.  They only needed proof that I was truly her step-father.  

 

Did the consulate in Guangzhou make a mistake?  What can I do besides waiting 2 years for my wife's green card?  My step-daughter is already 15 now. 

[JFH 12,191]

*~*~*moved from "IR-1/CR-1 spouse visa processes and procedures" to "bringing family members of USCs" as the beneficiary is a child*~*~*

 

OP, what status does your wife have here? If she came here on an IR-1/CR-1 spouse visa she was a green card holder from the day she arrived. I can't think of a circumstance where a spouse of a USC has to wait "a year or two" for her green card. And I certainly can't think of anything Trump has done, or can do, that would cause a spouse of a USC to have to wait so long. 

 

Once we we know your wife's status, we might be able to help with why the child was denied. 

Edited August 1, 2017 by JFH

[Penguin_ie 5,996]

You are correct that since you married the mom before the child was 18, the mom's status should not matter.  However, if mom is here in the USA illegally they may want to do extra security checks at least.

Was the visa outright denied and being sent back state side, or are they simply asking you to provide more info on mom?

[peter2017 0]

My wife originally came on a visitor visa, then applied for asylum for her and her family.  During that process her ex-husband and her marriage fell apart and they divorced.  Her asylum case was not going well and she took prosecutorial discretion.  After we got married, we got the I-130 approved, but now the US govt will not agree to terminate her asylum case in order for us to proceed with my wife's green card application.  Apparently we now have to sue the govt which will take 1-2 years.  

 

It turns out my step-daughter actually got a preliminary approval pending we submit proof of my wife having a green card.  My step-daughter is 15 and I do not want her to have to wait until the last year of high school to come to the US.   I have been told to submit a letter explaining my wife's immigration status and why she does not have a green card yet.  I am nervous that the consular officer in Guangzhou will not accept the letter and require we wait until my wife gets the green card.  Please let me know if anyone has any insights or advice about how to get our daughter here. 

[CEE53147 559]

If your wife applied for asylum for herself and her family, why is her daughter in China?

[Transborderwife 4,666]

6 hours ago, CEE53147 said:

If your wife applied for asylum for herself and her family, why is her daughter in China?

It's not uncommon to get asylum first and petition children later

[peter2017 0]

My wife was in America on a visitor visa in 2013 to see her father before he died.  My wife, her daughter, and her husband all applied for visitor visas but only my wife got one in 2013.  She came in December 2013 and her father died 3 months later.  While in America she learned she could apply for asylum based on one-child policy because she had a second child who was born in America.   

 

On August 1 2017 my stepdaughter had her interview and they said they need a copy of my wife's green card.  I sent a letter to the US Consulate in Guangzhou explaining we are still in the process of getting my wife a green card and that her I-130 has already been approved.   I also reminded them that I am the petitioner and filed a separate I-130 for my stepdaughter that was approved.  They replied that they will not issue an immigrant visa for my stepchild until my wife can prove she has a green card.  At this point because my wife's case is in prosecutor discretion status, we will need to file a lawsuit that will take 1-2 years to force the government to change her status and cancel her asylum case. 

 

I am upset beyond belief.  I filed a request with my representative Darrell Issa for help in my stepdaughters immigrant visa.  I expect to hear any day now whether his office will take my case or not.  I also have an appointment with a 3rd immigration attorney to see if there is anything else to do.     Please, please, please let me know what else I can do.  I feel like the US Consulate is being punitive to me and my step-daughter because of my wife's immigration history.  However, 2 attorneys say the US consulate is incorrectly requiring my wife to obtain a green card before my step-daughter gets a green card.  

Edited August 25, 2017 by peter2017

[Meme.B 14]

Hi everyone, how long does it take to approve I-130 for step child under 21? the petitioner US citizen, Priority date August 1st 2017, potomac. 

[Unlockable 7,315]

1 hour ago, MemeB said:

Hi everyone, how long does it take to approve I-130 for step child under 21? the petitioner US citizen, Priority date August 1st 2017, potomac. 

About 1 year. Give or take a month or two.

[Meme.B 14]

36 minutes ago, NuestraUnion said:

About 1 year. Give or take a month or two.

Do you mean one year only for approval or all the steps till Embassy interview ?

[Boiler 46,124]

I have seen this before, they have probably not refused the Visa's but issued a RFE for her legal status, so get that sorted out and no doubt the Consulate will continue processing.

Oops I see now this was a dead thread resurrected.

[Unlockable 7,315]

23 minutes ago, MemeB said:

Do you mean one year only for approval or all the steps till Embassy interview ?

One year from applying to visa in her hand.

[Meme.B 14]

1 hour ago, NuestraUnion said:

One year from applying to visa in her hand.

Thanks for replying , This give me hopefull to approach the approval.