F3 - VISA APPROVAL ON HOLD

[Jo_111 0]

My sister and family completed their interview in April 2012 but the visa approval is on hold as our parents are presently in India and have been there for more than 4 years now - they are US citizens and are in India on a long term visit visa vaild till Oct 2012. During the interview the officer asked where our parents are and my sister replied saying that they are in India.

The consular officer had asked to provide proof of domicile in US and we submitted current US bank statement but its more than 3 weeks now and we have not heard from the consulate after that.

Please let me know if anyone of you have had similiar experience in the past and how this was taken care of. Do we have to consult an attorney on this and also please give us your valuable advise on how we could address this.

Many thanks

[DeW_DrOpS 21]

Which Consulate were they Interviewed...Mumbai or New Delhi??? If it is Mumbai than i can say Mumbai embassy is more quick and prompt in approving Visa if all documents r ok.....Although, i dont know abt New Delhi...but i can say New Delhi is Strict in Visa Approval as compared to Mumbai...

Simply giving Bank Statements wont convince the CO. You will hav to provide more proof to prove Domicile of ur parents in US... Examples are Ongoing Job, Paying Taxes, House rent etc....

US Law strictly says to prove Domicile of Sponser in US so i am afraid if ur parents r in India for more than 4 years then CO can deny ur visa....

Dont go for any attorney in India as all r dumbs and do not hav any information regarding US Law...I would suggest better to send ur parents back to US and hire a good attorney ...BUt wait for the consulate to give u a decision and then proceed further..If they don't reply follow up with the embassy constantly until they give a decision abt ur case.

[LIFE'SJOURNEY 970]

The purpose of a Family visas is for family unification, if family( the petitioner) is living in India than the purpose of the family visa is no longer serving it's purpose. Why would it be necessary to send the family to the US.

[Penguin_ie 5,996]

You have major issues. The visas are for family re-unification in the USA, and if your parents don't live in the USA, there is no reason to grant the visa. As mentioned above, just having a bank account there is not enough- what about tax records, driving licenses, voting record, leasing or owning a home, having furniture in storage etc? How did they fulfill the affidavit of support?

I believe just saying "parents will return in October" is not enough- you/ they need to show that they definitely will return AND RESIDE in the USA in future, ie not just go to the USA for a quick visit so sister can get her visa. This will be an uphill battle.

[Penguin_ie 5,996]

I just read your previous topic- did you get approved in April, but your sister (with the same parents as petitioners) was not?

[Jo_111 0]

Which Consulate were they Interviewed...Mumbai or New Delhi??? If it is Mumbai than i can say Mumbai embassy is more quick and prompt in approving Visa if all documents r ok.....Although, i dont know abt New Delhi...but i can say New Delhi is Strict in Visa Approval as compared to Mumbai...

Simply giving Bank Statements wont convince the CO. You will hav to provide more proof to prove Domicile of ur parents in US... Examples are Ongoing Job, Paying Taxes, House rent etc....

US Law strictly says to prove Domicile of Sponser in US so i am afraid if ur parents r in India for more than 4 years then CO can deny ur visa....

Dont go for any attorney in India as all r dumbs and do not hav any information regarding US Law...I would suggest better to send ur parents back to US and hire a good attorney ...BUt wait for the consulate to give u a decision and then proceed further..If they don't reply follow up with the embassy constantly until they give a decision abt ur case.

Thank you, the interview was in New Delhi. Dad is 79 plus and so he is not working at present but he receives his monthly pension which comes into his bank account in US.

My parents will have to return to US by Oct 2012 as their visa expires in Oct 2012 - we were wondering if an attorney in US would be of any help to provide any advise or assistance during this interim.

[Penguin_ie 5,996]

You need more than prove their visa expires, you need proof that they WILL return (not just renew visa or move to a third country), and thsat they will reside in the USA in the forseeable future. If you can do that, you can ask the embassy for a second interview in October (or even now if you have enough evidence).

[Jo_111 0]

I just read your previous topic- did you get approved in April, but your sister (with the same parents as petitioners) was not?

Our visa was approved and we have already received our green card, there were no issues at the time of processing our documents but my sister's papers are on hold as of now. I can undrestand for green card holders proof of domicile is important but does it really matter for US citizens as by law are they not permanent residents...!!

[Penguin_ie 5,996]

Yes it is crucially important because the purpose of the visa is to re-unite family. This isn't happening if the parents/ petitioners live abroad. The visa will be denied if she cannot prove they will return and stay in the USA.

It is odd that you were approved- on the same day? - and she was denied though. Maybe her CO was stricter.

[Jo_111 0]

The purpose of a Family visas is for family unification, if family( the petitioner) is living in India than the purpose of the family visa is no longer serving it's purpose. Why would it be necessary to send the family to the US.

Our parents are at present in India as they have their visit visa valid till Oct 2012 and they will be returning to US by Oct 2012 - so in terms of family reunification, yeah the intention is to join parents.

[LIFE'SJOURNEY 970]

Because in the Indian culture the daughter is the responsibility of the parents if she is still un-married. If the parents are in Indian, then who would be responsibile for the daughter?

This is a very simple process, take out the emotions and look at it as a business deal. Since, the parents have choosen the route they are now in, your sister will have to wait it out.

[Jo_111 0]

Yes it is crucially important because the purpose of the visa is to re-unite family. This isn't happening if the parents/ petitioners live abroad. The visa will be denied if she cannot prove they will return and stay in the USA.

It is odd that you were approved- on the same day? - and she was denied though. Maybe her CO was stricter.

We had our interview on two different dates and also in two differnt consulates, I had my interivew a month earlier and it was smooth and straight forward. One reason I could think of is CO asked my sister if my parents have been travelling back and forth in the past and my sister responded "no" for this - probably this was the confusion while actually they have been travelling back & forth in the past years.

[Jo_111 0]

Because in the Indian culture the daughter is the responsibility of the parents if she is still un-married. If the parents are in Indian, then who would be responsibile for the daughter?

This is a very simple process, take out the emotions and look at it as a business deal. Since, the parents have choosen the route they are now in, your sister will have to wait it out.

She is married for more than 25 years and so such a cultural responsiblity has been ruled out for now. Yeah, we got to wait and see the outcome - my intention was to get some assistance and expert advise if available.

Thanks

[PD Oct 2006 0]

On Sat Jun 02 2012 at 3:22 PM, Jo_111 said:

My sister and family completed their interview in April 2012 but the visa approval is on hold as our parents are presently in India and have been there for more than 4 years now - they are US citizens and are in India on a long term visit visa vaild till Oct 2012. During the interview the officer asked where our parents are and my sister replied saying that they are in India.

The consular officer had asked to provide proof of domicile in US and we submitted current US bank statement but its more than 3 weeks now and we have not heard from the consulate after that.

Please let me know if anyone of you have had similiar experience in the past and how this was taken care of. Do we have to consult an attorney on this and also please give us your valuable advise on how we could address this.

Many thanks

Did she get the visa after all? Just curious