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Filed: IR-5 Country: Vietnam
Timeline
Posted

Hello, It's been a while since my wife got her Green card (almost two years) and we are now expecting our first child and really would like to have her mom visit / stay with use for a few months. We are worried that she wont get a Tourist Visa and weren't sure where to get advice (this seemed to be the best forum for visajouney).... First off, here are some details:

My wife is Vietnamese and is a permanent resident, but not a citizen yet. Her mom is about 65 years old, retired and husband has passed away. Her mom owns a new house, has a bank account and has 3 sons and one daughter, one grandchild, lots of relatives in Vietnam.

We had the following questions and were hoping for some advise (we spoke to one lawyer who did not provide a lot of info) - it was a free consult, so what could we expect...

1) Should she mention that we are having a baby? We have heard that it reduces her chances of getting a tourist visa?

2) We'd like her to come in December... Is it too early to apply now?

3) She just got her first passport, would it be better for her to take a quick trip to Cambodia to show that she is traveling elsewhere?

4) If she get's denied, how long should we wait before applying again?

5) Can't we do more than just write a letter of invitation? Can't we sponsor her and document that we will be financially responsible for her? And show proof of income in the US?

6) We'd like her to stay 5-6 months, but do you think that is too long to say? Would we be better saying a shorter time and hope for a longer visit allowance or try and extend her later?

7) She also has a cousin in the US who is a US Citizen, would we be better having her cousin sponsor her (i.e. a blood relative who is a US Citizen vs. her son in law)?

8) Her daughter in Vietnam is handicapped, would that help show stronger ties to Vietnam?

My apologies if this is the wrong forum, but I know this website provides excellent information and was not sure which forum I should use to post this question.

Thanks in advance.

Ezra

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
Hello, It's been a while since my wife got her Green card (almost two years) and we are now expecting our first child and really would like to have her mom visit / stay with use for a few months. We are worried that she wont get a Tourist Visa and weren't sure where to get advice (this seemed to be the best forum for visajouney).... First off, here are some details:

My wife is Vietnamese and is a permanent resident, but not a citizen yet. Her mom is about 65 years old, retired and husband has passed away. Her mom owns a new house, has a bank account and has 3 sons and one daughter, one grandchild, lots of relatives in Vietnam.

We had the following questions and were hoping for some advise (we spoke to one lawyer who did not provide a lot of info) - it was a free consult, so what could we expect...

1) Should she mention that we are having a baby? We have heard that it reduces her chances of getting a tourist visa? This is a great reason why she would want to visit the US. Common sense said that moms want to visits their daughters when they give birth to their first child. I don't think this would hurt her chances of getting a visa.

2) We'd like her to come in December... Is it too early to apply now? Probably. The shortest that a B-2 visa (tourist visa) is valid for is 90 days. A multi-entry visa may be valid for 10 years. You can never guess what the local embassy will issue to the visa applicant.

3) She just got her first passport, would it be better for her to take a quick trip to Cambodia to show that she is traveling elsewhere? The embassy is not going to care. Illegal immigration to Cambodia is not a big problem. Illegal immigration to the US is.

4) If she get's denied, how long should we wait before applying again? There is no set time. It is dependent upon her ties to Vietnam and overcoming the presumption of illegal immigration.

5) Can't we do more than just write a letter of invitation? Can't we sponsor her and document that we will be financially responsible for her? And show proof of income in the US? A letter to your mother in law inviting her to the US to witness the birth of her grandchild may be helpful. In the letter, you should offer her a place to stay and mention that you will take care of all of her costs. The US consulate in HCMC may consider this but it not give it much weight. They are concern with illegal immigration primarily and ability to pay for the trip as a secondary concern as they don't want the person to work illegally in the US.

6) We'd like her to stay 5-6 months, but do you think that is too long to say? Would we be better saying a shorter time and hope for a longer visit allowance or try and extend her later? That's not too long.

7) She also has a cousin in the US who is a US Citizen, would we be better having her cousin sponsor her (i.e. a blood relative who is a US Citizen vs. her son in law)? Her cousin can't help or sponsor her for anything. She may need to declare this relationship in her application for a visa.

8) Her daughter in Vietnam is handicapped, would that help show stronger ties to Vietnam? Yes if she is the care giver for this child.

My apologies if this is the wrong forum, but I know this website provides excellent information and was not sure which forum I should use to post this question.

Thanks in advance.

Ezra

My story.

In 2000, my aunt was able to get a visa to visit the US for 6 months. I wrote a letter to her inviting her to visit to attend my brother's wedding, visit my handicapped father (her brother) whom she had not seen for 25 years and to visit the grave of her father. I informed her that she would be staying with me and that I would cover all of her costs. I included my bank and brokerage statements as well as a recent tax return in case she needed them. She did show my financial record and the letter to the consular officer. I don't know if the information was considered or not.

My aunt was 78 years old. She was a retired farmer who owned her own home. She had 5 children and 10 grandchildren in Vietnam. She had a son in Australia. She also had a daughter, son in law and two grandsons in the US. She had no bank account and none of her children were handicapped.

She was able to get a 6 month tourist visa. We got it extended for another 6 months once she got here. She ended up leaving after 9 months because she got homesick.

As a matter of US law, there is nothing that you can do to get your mother in law a visa. A guarantee from you that she will return home after her visit is meaningless because people who plan on staying illegally in the US could easily get the same guarantee from a complicit family member. Your mother in law needs to show sufficient ties to Vietnam that would assure the US embassy that she is unlikely to become an illegal immigrant.

Best of luck to you and your family.

Edited by aaron2020
Filed: Country: Vietnam
Timeline
Posted
Hello, It's been a while since my wife got her Green card (almost two years) and we are now expecting our first child and really would like to have her mom visit / stay with use for a few months. We are worried that she wont get a Tourist Visa and weren't sure where to get advice (this seemed to be the best forum for visajouney).... First off, here are some details:

My wife is Vietnamese and is a permanent resident, but not a citizen yet. Her mom is about 65 years old, retired and husband has passed away. Her mom owns a new house, has a bank account and has 3 sons and one daughter, one grandchild, lots of relatives in Vietnam.

We had the following questions and were hoping for some advise (we spoke to one lawyer who did not provide a lot of info) - it was a free consult, so what could we expect...

1) Should she mention that we are having a baby? We have heard that it reduces her chances of getting a tourist visa?

2) We'd like her to come in December... Is it too early to apply now?

3) She just got her first passport, would it be better for her to take a quick trip to Cambodia to show that she is traveling elsewhere?

4) If she get's denied, how long should we wait before applying again?

5) Can't we do more than just write a letter of invitation? Can't we sponsor her and document that we will be financially responsible for her? And show proof of income in the US?

6) We'd like her to stay 5-6 months, but do you think that is too long to say? Would we be better saying a shorter time and hope for a longer visit allowance or try and extend her later?

7) She also has a cousin in the US who is a US Citizen, would we be better having her cousin sponsor her (i.e. a blood relative who is a US Citizen vs. her son in law)?

8) Her daughter in Vietnam is handicapped, would that help show stronger ties to Vietnam?

My apologies if this is the wrong forum, but I know this website provides excellent information and was not sure which forum I should use to post this question.

Thanks in advance.

Ezra

Wow My wife and I were just talking about this same thing the other day. But we want to bring her older sister over to help with the baby the first 90 days since her mother is dead. If her sister has some money in the bank like 5k or 10k then it might be easier for her to come over but I would consult an attorny first.

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
Hello, It's been a while since my wife got her Green card (almost two years) and we are now expecting our first child and really would like to have her mom visit / stay with use for a few months. We are worried that she wont get a Tourist Visa and weren't sure where to get advice (this seemed to be the best forum for visajouney).... First off, here are some details:

My wife is Vietnamese and is a permanent resident, but not a citizen yet. Her mom is about 65 years old, retired and husband has passed away. Her mom owns a new house, has a bank account and has 3 sons and one daughter, one grandchild, lots of relatives in Vietnam.

We had the following questions and were hoping for some advise (we spoke to one lawyer who did not provide a lot of info) - it was a free consult, so what could we expect...

1) Should she mention that we are having a baby? We have heard that it reduces her chances of getting a tourist visa? This is a great reason why she would want to visit the US. Common sense said that moms want to visits their daughters when they give birth to their first child. I don't think this would hurt her chances of getting a visa.

2) We'd like her to come in December... Is it too early to apply now? Probably. The shortest that a B-2 visa (tourist visa) is valid for is 90 days. A multi-entry visa may be valid for 10 years. You can never guess what the local embassy will issue to the visa applicant.

3) She just got her first passport, would it be better for her to take a quick trip to Cambodia to show that she is traveling elsewhere? The embassy is not going to care. Illegal immigration to Cambodia is not a big problem. Illegal immigration to the US is.

4) If she get's denied, how long should we wait before applying again? There is no set time. It is dependent upon her ties to Vietnam and overcoming the presumption of illegal immigration.

5) Can't we do more than just write a letter of invitation? Can't we sponsor her and document that we will be financially responsible for her? And show proof of income in the US? A letter to your mother in law inviting her to the US to witness the birth of her grandchild may be helpful. In the letter, you should offer her a place to stay and mention that you will take care of all of her costs. The US consulate in HCMC may consider this but it not give it much weight. They are concern with illegal immigration primarily and ability to pay for the trip as a secondary concern as they don't want the person to work illegally in the US.

6) We'd like her to stay 5-6 months, but do you think that is too long to say? Would we be better saying a shorter time and hope for a longer visit allowance or try and extend her later? That's not too long.

7) She also has a cousin in the US who is a US Citizen, would we be better having her cousin sponsor her (i.e. a blood relative who is a US Citizen vs. her son in law)? Her cousin can't help or sponsor her for anything. She may need to declare this relationship in her application for a visa.

8) Her daughter in Vietnam is handicapped, would that help show stronger ties to Vietnam? Yes if she is the care giver for this child.

My apologies if this is the wrong forum, but I know this website provides excellent information and was not sure which forum I should use to post this question.

Thanks in advance.

Ezra

My story.

In 2000, my aunt was able to get a visa to visit the US for 6 months. I wrote a letter to her inviting her to visit to attend my brother's wedding, visit my handicapped father (her brother) whom she had not seen for 25 years and to visit the grave of her father. I informed her that she would be staying with me and that I would cover all of her costs. I included my bank and brokerage statements as well as a recent tax return in case she needed them. She did show my financial record and the letter to the consular officer. I don't know if the information was considered or not.

My aunt was 78 years old. She was a retired farmer who owned her own home. She had 5 children and 10 grandchildren in Vietnam. She had a son in Australia. She also had a daughter, son in law and two grandsons in the US. She had no bank account and none of her children were handicapped.

She was able to get a 6 month tourist visa. We got it extended for another 6 months once she got here. She ended up leaving after 9 months because she got homesick.

As a matter of US law, there is nothing that you can do to get your mother in law a visa. A guarantee from you that she will return home after her visit is meaningless because people who plan on staying illegally in the US could easily get the same guarantee from a complicit family member. Your mother in law needs to show sufficient ties to Vietnam that would assure the US embassy that she is unlikely to become an illegal immigrant.

Best of luck to you and your family.

I agree with all above. just want to comment. All visitor visas are six month visas. If you ask for one month you get six.

If you ask for six months and say she is care giver for a handicapped child. How can she stay for six months? Who will take care of the child that ties her to Vietnam?

good luck.

Good luck to all,

Fred

If you can't do what you want to do, do what you can do.

Filed: IR-5 Country: Vietnam
Timeline
Posted

Thanks so much for the information. I am curious if there are others out there that feel the same way about disclosing that you want to visit a new grandchild... I saw on another website where that is a big no no... and others have told us similar advice. In a way, a mother in law helping take care of a child is taking away a job in the US, no?

Filed: Country: Vietnam (no flag)
Timeline
Posted
Thanks so much for the information. I am curious if there are others out there that feel the same way about disclosing that you want to visit a new grandchild... I saw on another website where that is a big no no... and others have told us similar advice. In a way, a mother in law helping take care of a child is taking away a job in the US, no?

Yes, if you would have hired someone to care for the baby. However, USCIS is fully aware that it is natural for a mother to want to visit her daughter when her daughter gives birth. Of course, grandmama will help care for the baby. That is natural. However, full time care for an extended amount of time may be viewed as more than one family member caring for another. Where that line is is difficult to determine.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello! To original OP...

What we did... Just be honest with information that she will be coming in to visit you and her daughter and grandchild. I would not stress/mention that she will be coming to babysit or care for the baby.. This is a tourist visa after all. You would not want to give the consul reasons to deny her the application suited for a tourist visa..

If consul asks, why she wants to go to US... don't tell because my daughter has a baby and i will babysit... really it's just a matter of how she convinces the consul of her ties by the answers she give. I would suggest you also go thru with her what possible questions may arise during the interview so she will be prepared what to say and you would have time to think if answers may be negative, you can suggest possible positive remark.. also should be confident.

I was almost in the same situation as you are now, and my parents in fact just arrived here 2 weeks ago. They got 10yr multientry.

Good luck and God bless.

------- @>-@>-@>--------

AOS

Jul 23, 2008 ---> Mailed AOS, EAD and AP package

July 27, 2008 ---> check cleared

Jul 29, 2008 ---> NOA Date

Aug 2, 2008 ---> received confirmation mail for AOS, EAD and AP

Aug 9, 2008 ---> received biometrics appointment letter

Aug 21, 2008 ---> BIOMETRICS schedule at 3 pm

Aug 12, 2008 ---> took Biometrics in advance as a walk in

Aug 12, 2008 ---> touched

Aug 18, 2008 ---> I-485 notice of transfer to CSC

Sept 23, 2008 ---> touched

Nov 18, 2008 ---> GC RECEIVED!!!

EAD

Sept 30, 2008 ---> Card production ordered <expect to receive within 30 days>

Oct 11, 2008 ---> EAD received

AP

Sept 30, 2008 ---> AP approved <NOA mailed>

Oct 10, 2008 ---> AP received

ROC

Oct 11, 2010 ---> Mailed ROC packet

Oct 12, 2010 ---> Signed for and received by destination

Oct 14, 2010 ---> Money order cashed

Oct 18, 2010 ---> NOA1 received in mail

Nov 15, 2010 ---> Biometrics and fingerprinting appointment

Jan 28, 2011 ---> ROC approved

Jan 31, 2011 ---> Card mailed out

Feb 2, 2011 ---> Card received in the mail.

 
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