Bringing my Mother in law to US for visit

[Rfitz 0]

All,

My wife is from China and is now a permanent resident... We are having a child in December and she would like to bring her Mom over from China to help in December when the baby comes. We have started gather document to get her a visa. We understand this is not going to be easy and the odds maybe against us. My wife's Mom is a farmer and has no real income except from her children and in addition to this the home see lives in is owned by my wife. Three questions:

1 - Can I provide an affidavit of support (I-134) to overcome the financial huddle?

2- Is there a list of items anyone would recommend for proof she will return to China?

3 - Any other suggestions

Made it from K1 to PR, this can't be as hard as that was....

Ron

[NigeriaorBust 4,087]

She needs to qualify on her own which will be hard. Does she generate her income from her crops ? Try to show why she MUST return.

An I134 is the exact WRONG thing to do , it shows immigrant intent. You can include a letter of invitation , inviting her to visit her new ( first ? ) grandchild and stating that you will provide her airfare,accomendations But it is important to not provide immigration related documents.

[TimeTravel 78]

B1/B2 visa is totally up to her, and how she is able to show her case and make it stronger.

It is good idea to give the invitation letter, and she should give the reason why she would come back, and length of trip, etc etc.

[Ning 619]

All,

My wife is from China and is now a permanent resident... We are having a child in December and she would like to bring her Mom over from China to help in December when the baby comes. We have started gather document to get her a visa. We understand this is not going to be easy and the odds maybe against us. My wife's Mom is a farmer and has no real income except from her children and in addition to this the home see lives in is owned by my wife. Three questions:

1 - Can I provide an affidavit of support (I-134) to overcome the financial huddle?

2- Is there a list of items anyone would recommend for proof she will return to China?

3 - Any other suggestions

Made it from K1 to PR, this can't be as hard as that was....

Ron

You must understand you have nothing to do with her application for a tourist visa. Providing a support doc for example gives the apperance that she could stay because she has your support.

Study the strongest ties rule to help her understand how to comply. This is very difficult to do and with what I see here she will be denied.

All people with any type of visa are considered intending immigrants. That concept must be offset with concrete proof that she must return. If that cant be done with solid evidence she will be denied.

This is much more difficult than your K 1 because it takes understanding when she is denied.

[aaron2020 11,651]

When your MIL interviews for her visa, please DO NOT TELL THE CO THAT SHE WANTS TO COME TO CARE FOR HER DAUGHTER AND GRANDCHILD. Child care is considered work, and a visitor visa holder is not allowed to work.

She should say that she wants to visit her daughter and her family. She wants to bond with her grandchild.

Yes, it's silly. Grandma is doing the exact same thing. However, US laws are very particular about a visitor visa holder not doing anything that would look like work; including child care for one's own relative.

[bigdog 376]

To me it appears a Farmer with no income will have a very tough time getting a Tourist Visa. Maybe someone here on VJ who did this under similar circumstances might know better.

[Operator 1,927]

Just like an immigrant visa, applying for non-immigrant visas can be different from country to country and embassy to embassy. Instead of an I-134 you can explain in your invitation letter that you will be financially responsible for her during her visit and that you will ensure that she return safely to China at the end of her visit.

Below is what is posted on the Guangzhou embassy's website. So while many say it is entirely up to the applicant to obtain the visa there are documents that you should provide her to assist in obtaining the visa.

Check the embassy website where she will interview and good luck with the baby!

Business & Tourist Visa

<h6></h6>The B1 visa is designated for temporary business travel, including travel for negotiating contracts, attending exhibitions and conferences, short-term training, and consultations with suppliers and customers, etc. The B2 visa is designated for tourist activities, such as sightseeing, visiting friends and relatives, obtaining medical treatment, etc. The B1 and B2 visas are not valid for employment in the United States.

Applicants for B1 and B2 visas must demonstrate their intention to enter the United States (1) for a temporary period, (2) solely for the purpose of tourism and/or short-term business, while (3) maintaining a home in a foreign country that the applicant does not intend to abandon.

U.S. immigration law puts the responsibility on the applicant to satisfy the visa officer of the applicant’s qualifications for a B1/B2 visa to the United States. Accordingly, the applicant has the discretion to determine what supplementary information and documents will best support his or her application. A demonstration of specific and realistic plans for the entire period of the contemplated visit to the United States and a demonstration of permanent employment, meaningful business or financial connections, close family ties in a foreign country, or social or cultural associations in a foreign country, all may strengthen an applicant’s application for a B1/B2 visa.

All B1/B2 applicants should prepare to present the following documentation and any other relevant information at the time of the interview:

1. Valid Passport: B1/B2 visa applicants must have passports valid for six months beyond their intended period of stay in the United States. If your passport will expire less than 6 months from the date you plan to leave the United States, or is damaged, or you do not have a page for a visa, please get a new passport before your interview.
2. One Photograph: Two inches square color photograph, less than 6 months old, against a white background, full frontal view. The photo should be glued to the printed DS-160 confirmation page. Click for more information on photo requirements.
3. Original Bank Receipt for Application Fee: The application fee may be paid at any CITIC Bank branch in China.
4. Completed Visa Application Forms: DS-160 online application form.
   
5. Evidence of Why You Will Return to China: Please present proof of economic, social, family, or other commitments that will help demonstrate that you intend to return to China after a temporary stay in the United States. Evidence can vary depending on the applicant’s personal situation. The following are mere suggestions that may help the consular officer to assess your intentions to return to China. This is not an exhaustive list of what applicants should present at their interview: Hukou Registration, ID card, proof of employment, pay statement that shows regular monthly salary, and bank books with regular deposits and withdrawals.
6. Invitation Letter: If you are invited to visit someone in the United States, provide information about who is inviting you, purpose of travel, and planned itinerary or schedule. No invitation letter is needed if you are only sightseeing in the United States.
7. If Traveling for Business: Bring specific information about where you will go, who you will meet, what you will discuss, and what products you plan to buy in the United States. The following documents may be helpful: detailed letters from U.S. business partners indicating the purpose of the trip; copies of contracts or other agreements with U.S. business partners; and information on machines, software or other equipment to be examined, tested or purchased in the United Sates, such as brochures or product catalogues.
8. If Going to Visit Family: You should provide proof that you have a genuine, ongoing relationship with the person inviting you, and provide information about his/her immigration status in the United States. The following documentation may be helpful: Hukou registration or other proof of genuine family relationship, photos with the U.S. family members in recent years, copy of his/her U.S. passport or green card, copy of his/her passport and U.S. visas, etc. If you previously stayed in the United States longer than the period given on your I-94 form at the U.S. port of entry, you should present the original letter of extension issued by the U.S. Department of Homeland Security.

[Eric & Jin 10]

Because your mother-in-law is a farmer, it will probably be an uphill battle for her to be approved for a B-2 but I think that it is definitely worth a try. If she has a lot of family members still in China then I would try and show this as having strong ties to China. During my in-laws B-2 interview they were asked about the number of relatives that they had in China and my mother-in-law had brought with her a small photo album with pictures showing her & her husband with their sons & grandsons in China and with other relatives as well. They showed these photos to the VO and explained who the various people in the photos were.

I would advise you to go ahead and fill out an I-134 for her, as they are sometimes asked for by the consulates in China especially for retirees who are visiting family in the US. The first time that my in-laws interviewed for & received a B-2 visa in China, they had all types of proof which verified their financial independence (ownership of multiple apartments, sizable bank account balances, good retirement incomes, stock portfolio, etc) but none of that was asked for during their interview however an I-134 was.

They were asked 5 pretty simple questions during their interview and then were asked if I or my wife had filled out an I-134 for them. Luckily I had been reading several Chinese immigration forums and had noticed a trend of retirees being asked for an I-134, so I had one filled out for them. The VO took a quick look at the I-134 and then told them that they were approved. I had also typed up an invitation letter for them however, the VO was not interested in looking at it when my mother-in-law offered it. I would still advise you to type of an invitation letter for her though as every interview/interviewer is different and it may be helpful in your mother-in-law's case.

[Rfitz 0]

Thanks everyone for your advice!

As you may know,. I have no choice but to try and move this forward for my wife. We have a little bit of time left so I will continue to research.

We have friends that brought their parents over from China but they used an agency that put things together for them. I don't know how that works!

I have learned not to worry about things, if it happens it happens, got to try... faith in the system is the hard part!

Ron

[Dakine10 5,452]

She needs to qualify on her own which will be hard. Does she generate her income from her crops ? Try to show why she MUST return.

An I134 is the exact WRONG thing to do , it shows immigrant intent. You can include a letter of invitation , inviting her to visit her new ( first ? ) grandchild and stating that you will provide her airfare,accomendations But it is important to not provide immigration related documents.

Filing an I-134 does not show immigrant intent. The purpose of the form is to be filed in conjunction with non-immigrant visa's. USCIS actually recommends using it to help when the non-immigrant would otherwise be inadmissible on public charge grounds.

Lack of finances is a major criteria for being denied on public charge grounds. If the alien cannot support themselves for the duration of the trip, the visa will almost certainly be denied. This is the type of case for which the I-134 was designed.

[james5 1]

I would suggest you to go forward and complete an I-134 for her, as they are sometimes requested for by the consulates in Chinese suppliers especially for retired persons who are viewing close relatives in the US.

[Matthew Veal 0]

I am not a lawyer, but I can say you have better odds of winning the lottery then getting a Visa for your mother-in-law.  We had applied for my mother-in-law and it was a total waste of time.

 

In addition, we have been trying for over  2 years to get a visa for my step-son, which should be routine since he is legally my son.  Unfortunately, the US embassy is doing everything they can to keep this from happening.  They are creating road-block after road block.  We uploaded all the required documents on the Consular Electronic Application Center and even received an email that we had provided all the forms and documents needed. 

 

My step-son went to Guangzhou 20 days prior to his interview (which took 8 months to get scheduled).  He was quarantined to his hotel room for 14 days, then got the required medical examination.  He went to the embassy and his interview lasted about 5 minutes.  The embassy offical started grilling him on my wife (his mother) and my marriage, which had NOTHING to do with his visa!  The US Department of State had already vetted our marriage during the my wife's her green card process.  Then the embassy offical denied his visa stating he did not have the required documents.  They wanted a notorized copy of my wife's divorce (which we had already uploaded to the CEAC website) and they said he had to provide a notarized copy of his China Police Clearance Certificate/Non-Criminal Background Check Certificate record.   We provided all this information and then submitted hard copies of all the documents to the embassy.  That was 3 months ago and we are still waiting to hear back. 

 

I firmly believe that US embassies in China are on a mission to deny all visas!

Edited April 15, 2021 by Matthew Veal

[TBoneTX 45,293]

Thread from 2012 is now closed to further comment.