DCF filing Manila for wife and stepdaughter

[loshyian 1]

Looking into DCF process for bringing wife and stepdaughter to USA from Philippines. Married for a bit over 2 years now, wife has 10 year multiple entry tourist visa. We are in the process of getting my stepdaughter her Philippines passport. Here is the wrinkle, biological father of my stepdaughter is a US Citizen and was a US Citizen when she was born (he is now residing in the states). So, it looks like it may still be possible for stepdaughter to get her US citizenship without sponsoring her along with my wife. My wife has cordial relationship with family of her ex (mother of ex and sister of ex) but does not have any direct contact with her ex. This family arrangement now seems perfect, however it looks like her ex's family or her ex would need to do a lot of legwork and follow up to obtain US citizenship for stepdaughter if they agree to go through with the process, and I see it being a major stumbling block even if they do agree. Also my wife may need to get back into direct contact with her ex in order to go through the process of obtaining citizenship for my stepdaughter, and getting back in contact with him is something she does NOT want to do and also this is NOT something I want to push for unless absolutely necessary.

Question time:

1. Would consulate allow me to sponsor my stepdaughter for a visa when they know her father is a US Citizen?

2. If the answer to #1 is no, is there anyway we could streamline/combine these 2 processes through DCF?

Thanks in advance, everyone here was so much help with my last post.

[Jojo92122 1,924]

1.  The US Embassy can not issue a visa to a person with a potential claim to US citizenship.

 

2.  Getting an immigration visa for your wife and getting the CRBA/US passport for your stepdaughter can not be streamlined or combined.  They are separate things for different people.  You will have to deal with them separately.  

[loshyian 1]

Thanks Jojo! This is what I was afraid of, but just a small detour on our journey. Quick follow up question, if my stepdaughter's family had no interest in pursuing US citizenship for her, would it at all be possible for her to get a tourist visa?

[EmilyW 1,441]

Is she coming for a holiday or would this be a way to get her into the country and adjust status?

 

First is legitimate and doable.

 

Second is fraud.

[loshyian 1]

Let me try to clear up what I am trying to accomplish. So, my filipina wife has a USA tourist visa and we have been to USA once together. Now we want to bring my stepdaughter with us to USA for holiday later this year. My original post was asking regarding long term plan regarding bringing my wife and stepdaughter to USA permanently. That is probably 2+ years away. My original post did not mention the planned vacation because I did not know this could possibly affect status later on if she had to apply for citizenship or if I were to sponsor her. I would never consider bringing my wife or stepdaughter into USA permanently on a tourist visa or do anything to jeopardize their status.

[Jojo92122 1,924]

21 hours ago, loshyian said:

Thanks Jojo! This is what I was afraid of, but just a small detour on our journey. Quick follow up question, if my stepdaughter's family had no interest in pursuing US citizenship for her, would it at all be possible for her to get a tourist visa?

1.  The US Embassy can not issue a visa to a person with a potential claim to US citizenship.

 

Your stepdaughter has a potential claim to US citizenship, so she will never qualify for any US visa.  

You have 2 years to sort this out, it would be best to get started ASAP.  This is going to take time.  Your wife needs to contact her ex if she wants to secure her daughter's future in the US.  

[Ontarkie 14,228]

~~Moved to General Immigration - Related Discussion, from DCF - the OP is looking at two years down the road and trying to figure out his step-daughters claim to USC. As it is a multi question this forum is best suited.~~

[loshyian 1]

Thank you everyone for your input, looks like we will just go ahead and start the process for CRBA for my stepdaughter. Probably won't be able to take her to the states until next year, but hopefully she will have her citizenship by then!

 

I actually called the US Embassy in Manila they gave me the boilerplate response of "feel free to apply for visa but the decision is up to the officer at the interview" which I understand they have to say to cover themselves, but everyone else I talked to who seems somewhat knowledgable said just to go for CRBA as tourist visa would never be approved.