B2 Visa

[daniel1970 0]

Can someone give advice on what documents and procedure for petitioning my sister-in-law and her child to come visit us in US? What will be required of us and her to visit here?

[griffin 7]

copied from us embassy ,manila.

Overcoming Presumption of Immigrant Intent Under U.S. Immigration and Nationality Act Section 214(b)

All B-1, B-2, F-1, F-2, H-2A, H-2B, H-3, J-1, J-2, M-1, M-2, O-2, P-1, P-2, P-3, and Q-1, applicants must qualify under Section 214(b) of the U.S. Immigration and Nationality Act (INA). The Act which states:

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa... that he is entitled to nonimmigrant status..."

Essentially, the visa officer needs to see that the applicant has compelling reasons to return to the Philippines. By law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that the applicant’s ties to the Philippines will compel him or her to return at the end of a temporary stay in the United States.

Evidence of Ties

Ties are the aspects of one’s life that bind him or her to his or her place of residence, including family relationships, employment and possessions. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of their parents, and the applicant's long-range plans and prospects in the Philippines. As each person's situation is different, there is no set answer as to what constitutes adequate ties.

The following supporting documents may or may not be requested from the applicant and are only required at the discretion of the consular officer:

Bank statements for the last three (3) months and both current and former bank account passbooks

Employment certification including salary, tenure and position

Form W-2

Income tax return with Bureau of Internal Revenue (BIR) or bank stamp

Audited financial statement with BIR or bank stamp

Pay slips for the last three (3) months

Credit card statements for the prior three months

Vehicle registration with official receipt

Land titles (no certified copies please)

Pictures of family, home or business

Wedding photos

Marriage certificate printed on the Philippine National Statistics Office security paper, if applicable

Birth certificate printed on the Philippine National Statistics Office security paper

For students, certificate of school registration

Certification of membership to legitimate organization(s)

Due to the large volume of applications processed each day, consular officers may not always look at supporting documents, unless there are points in the application forms or in the interview that need clarification.

Notes:

In certain cases, additional documents may be requested.

All documents must be originals. Photocopies will not be accepted, unless specified. The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify under INA Section 214(b).

Affidavit of Support

In general, affidavits of support of any sort from relatives or sponsors will be of little value to an applicant (except to student visa applicants). The Affidavit of Support is a requirement only for immigrant visas. The interviewing officer is less concerned about how the applicant will be supported during his or her stay in the United States than whether the applicant has compelling reasons to return home. We encourage the interested third parties to save their time and money and not prepare affidavits of support.

Posting of Bonds

There is no provision in the law that allows for the posting of bonds as a guarantee of return. Moreover, this is not considered as familial, social, economic or professional ties that can affect the applicant’s eligibility for a visa.

Please visit the Nonimmigrant Visa Application Procedures page for complete information on how to apply for a nonimmigrant visa to the United States.

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Contact DetailsNonimmigrant Visa Unit (NIV) is open for business Monday through Friday, from 7:30 a.m. to 4:30 p.m., except on U.S. and Philippine Holidays.

[Zen Den 18]

Can someone give advice on what documents and procedure for petitioning my sister-in-law and her child to come visit us in US? What will be required of us and her to visit here?

you can't petition her. she has to apply for a non-immigrant tourist visa =). nothing will be required of you (except perhaps your address since she will indicate that she has you as a relative she will visit and stay with for the duration of her visit) but she will be required mainly to show that she has a lot of reasons to come back (ties back home) such as family, a permanent job she's had for a long time, properties etc (see preceding post) =)

[milimelo 4,477]

Moving to tourist visa forum as no-one is immigrating and tourist is a non-immigrant visa.