Bringing stepdaughter under 21 with baby, is it posible?

[Moonspell360 1]

I'm american citizen, my Colombian wife is about to apply for removal of conditions on her green card before July 22 2018,

On the other hand, my stepdaughter already has  baby, she was going to come with us when her mom came into US but she did not, now that my stepdaughter has a baby is it posbible to bring her to come into US with her 2 months old  baby? what are the steps? we have to apply for them before or after we apply for my wife green card expires?

Who has to apply for my stepdaugter, me? my wife? or both.

Any help with this question would be really appreciated.

[aleful 1,905]

if you file, she can't bring the baby, there aren't any derivatives for immediate relatives of a USC

 

her mom will have to file for her, so that both can come. the sooner she files the better, because the process will take 2 years

 

how old is she? because if she turns 21 it will take longer than 2 years

 

 

[geowrian 22,337]

Yes, it's possible. But the timeline to bring both could be a few years or it could be close to a decade or so depending on various circumstances.

• What won't work (included for completeness):
  • I'm assuming she can't utilize a K-2 follow-to-join at all since more than a year has passed since your wife entered on the K-1 (assuming your profile is correct).
  • To file for your stepdaughter, even if she was under 18 at the time of the marriage, would be a CR-2/IR-2 visa, which does not permit derivatives (her child), and you can't petition at all for her child.
  • You may be able to petition for her (depending on her age when you married) and then she could petition for her child, but this is impractical as there would be ~2+ years of separation.
• Your wife could file for her daughter, assuming she is (and remains!) unmarried. If so, she would fall under F2A right now. This has ~2 year wait.
  • Depending on how quickly USCIS processes the case and when exactly the PD becomes current, she could age out into F2B. If so, this turns into a 7-10 year wait (and growing). What is the stepdaughter's current age?
  • F2A and F2B categories include derivatives, such as her child.
  • If she marries before getting the visa, the petition gets abandoned completely.
  • If you your wife naturalizes, the category would change from F2A/F2B to IR-2, and lose the ability to include derivatives.

Edited March 7, 2018 by geowrian

[Moonspell360 1]

My step daughter is currently 18 years old, her baby is 2 months old. 

So what is the best way in this circumstance? 

[geowrian 22,337]

10 minutes ago, Moonspell360 said:

My step daughter is currently 18 years old, her baby is 2 months old. 

So what is the best way in this circumstance? 

To bring them together, her mother (the LPR) would file an I-130 for her. In about 18-24 months, her Priority Date (PD) for that will become current (note this is different than just when the I-130 is approved). She shouldn't age out by then (turn 21), even without CSPA...so you're fined there. Then it goes through NVC processing, then off to the embassy for an interview. The process is simpler to prove than that of a spouse.

Guide: http://www.visajourney.com/content/childpet

Edited March 7, 2018 by geowrian

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