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Posted

I’m a US citizen and my wife is a LPR (Green Card Holder). Currently, my wife is pregnant and will be giving birth to her first child. My mother-in-law, her mother, desperately wants to visit to not only see her grandchild born, but assist my wife with our baby after his birth. Additionally, my wife’s sister-in-law, wife to my wife’s brother, wants to visit as well. The question is can I the US citizen, apply for a B-2 visa for my wife’s Mom and Sister-in-law? The reason is I’m not sure they could convince a CO that they can financially support themselves under the B-2 requirements. My intent would be to file for the B-2 visa and ensure USCIS that I will provide for their support while in the US. Thanks for the help!

Posted

The applicant(s) needs to show strong ties to the home country e.g. high paying jobs, properties or business to prove that applicant(s) has no reason to stay in the US and has the compelling reason to return.

Good luck!

K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
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01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
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01/12/15 - NOA

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02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

They must file for their own B-2. You can't file for them.

And, as Tintin said, they will be judged on their own merits...they will have to prove strong ties to the Philippines.

:thumbs: even if you present documents shwoing your financial abilities , it is up to their home situation and what they have that will make them go back that helps their case. Also, mentioning they are coming to help with birth and baby sit may not help their case.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

I’m a US citizen and my wife is a LPR (Green Card Holder). Currently, my wife is pregnant and will be giving birth to her first child. My mother-in-law, her mother, desperately wants to visit to not only see her grandchild born, but assist my wife with our baby after his birth. Additionally, my wife’s sister-in-law, wife to my wife’s brother, wants to visit as well. The question is can I the US citizen, apply for a B-2 visa for my wife’s Mom and Sister-in-law? The reason is I’m not sure they could convince a CO that they can financially support themselves under the B-2 requirements. My intent would be to file for the B-2 visa and ensure USCIS that I will provide for their support while in the US. Thanks for the help!

No, you cannot apply for B-2 visas for them. You are not part of the B-2 process.

Each B-2 applicant applies based on her own merits. Every applicant is presumed to have immigrant intent. She needs to show strong ties to her home country (i.e. a good job, real estate, close family, etc.) that shows the person is likely to return home after a brief visit to the US rather than abuse the B-2 visa to illegally immigrate to the US.

No one can vouch for the applicants. While your intentions are good, they are meaningless in the process since you are not a part if it. Your financials are meaningless. Your guarantees that they will return home are meaningless. They must pass through the process on their own merits.

Visiting is permitted on a B-2 visa. Providing child care is not. While the home life distinction is meaningless to you and I, it is not to the US Embassy. Child care is considered work and work is not permitted on a B-2. ONLY state their purpose is to visit. DO NOT say anything about helping with the house, baby, or mother.

Edited by aaron2020
Posted

No, you cannot apply for B-2 visas for them. You are not part of the B-2 process.

Each B-2 applicant applies based on her own merits. Every applicant is presumed to have immigrant intent. She needs to show strong ties to her home country (i.e. a good job, real estate, close family, etc.) that shows the person is likely to return home after a brief visit to the US rather than abuse the B-2 visa to illegally immigrate to the US.

No one can vouch for the applicants. While your intentions are good, they are meaningless in the process since you are not a part if it. Your financials are meaningless. Your guarantees that they will return home are meaningless. They must pass through the process on their own merits.

Visiting is permitted on a B-2 visa. Providing child care is not. While the home life distinction is meaningless to you and I, it is not to the US Embassy. Child care is considered work and work is not permitted on a B-2. ONLY state their purpose is to visit. DO NOT say anything about helping with the house, baby, or mother.

Diamond Member, wow, I had to read your post a couple of times before I woke up. In one section you are correct, and took me a few seconds to catch the assertion. To quote you, " Visiting is permitted on a B-2 visa. Providing child care is not." Our intent and purpose is not to have my Mother-in-law come over to provide Child Care. One of our aspirations is desiring to give my Mother-in-law a chance to witness the birth of her grandson, first child delivered by her only daughter is on the agenda. Then spending some time with her grandson, and then traveling to various places, for sightseeing purposes for my Mother-in-law, when my wife is able to travel.

On a second note, you can send to the B-2 Visa traveler, an I-134, Affidavit of Support filed out and signed by (Me) the US citizen, that you will support all means of travel and boarding while in the US for the B-2 participant. In my case, I'm her son-in-law. In turn, my mother-in-law will go to the B-2 interview, and she will bring her B-2 appointment letter and my I-134, Affidavit of Support. I have a friend that has held an EAD card for over seven years, and did this for his Mother-in-law. Additionally, we have two other friends that we spend time with, and like with our case, they have one US Citizen spouse that filed an I-134, Affidavit of Support for his mother-in-law. In fact, same scenario as mine, the friend I mentioned got a (10) year B-2 Visa right off the bat for his Mother-in-law, and she lives in the same country as my Mother-in-law.

Nonetheless, I get your gist when you state, "While the home life distinction is meaningless to you and I, it is not to the US Embassy." And, this is a very sad reality! One which I have become more aware as we proceed through this immigration journey with my wife. Thank you for your post, and please continue to correct any action that I have stated thus far.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

You can do i-134 for your Mother in Law or any other relative, or you can just provide details of your financial assets in US and a letter saying you would be responsible for all their living expenses.

That is not the problem, nor most CO are guage on how one is going to pay for their trip, mainly they gauge on prob of them returning back to their home country and not overstay their visa.

For that one needs to show they have enough ties back home that they would not overstay their visa in US and return back home within the allocated time.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The I 134 is unenforceable, much better that they show they can pay their own way.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

You seemed to have already made up your mind before you posted this. There's no real harm in trying; the worst the consulate can say is "no."

The I-134 isn't really looked at anymore, and I strongly doubt that the I-134 helped in the other case you mentioned. It just sounds like the consulate simply believed their story and the applicants had strong ties back home.

Based on your description, the terms of visit are legitimate. My advice: have definitive depart and return dates, be sure your mother in law and sister in law have jobs that they won't be quitting, have some proof of the impending birth (don't overdo it though), describe relatives that your mother and sister in law have to go back to (e.g. Your father in law, brother/sister in law(s) etc), and don't lie. If you can do this, you'll have a chance. But the biggest factor is convincing the interviewing officer that the trip is legitimate and that she'll go back.

Best of luck.

Edited by CC90
Posted (edited)

I’m a US citizen and my wife is a LPR (Green Card Holder). Currently, my wife is pregnant and will be giving birth to her first child. My mother-in-law, her mother, desperately wants to visit to not only see her grandchild born, but assist my wife with our baby after his birth. Additionally, my wife’s sister-in-law, wife to my wife’s brother, wants to visit as well. The question is can I the US citizen, apply for a B-2 visa for my wife’s Mom and Sister-in-law? The reason is I’m not sure they could convince a CO that they can financially support themselves under the B-2 requirements. My intent would be to file for the B-2 visa and ensure USCIS that I will provide for their support while in the US. Thanks for the help!

I tried to get my 2 sisters in law (both in their 30s) a B2 (also with me showing sponsorship) and it was denied last month at the interview. Be warned that after denial and doing some looking around the internet that 90% of B2 visas filed in Manilia are denied.

With that said, your mother in law probebly has a good shot given the grandchild. sister in law is more of a long shot.

Edited by ppihtr123

Finished!

Posted

I tried to get my 2 sisters in law (both in their 30s) a B2 (also with me showing sponsorship) and it was denied last month at the interview. Be warned that after denial and doing some looking around the internet that 90% of B2 visas filed in Manilia are denied.

With that said, your mother in law probebly has a good shot given the grandchild. sister in law is more of a long shot.

Thank for the reply. One of the most common reasons a US visitor visa is denied is the applicant’s failure to prove that he or she has no intention of abandoning his or her foreign residence. While you never know, I feel based on my Mother-in-laws' ties, we will have a great chance. Not sure where you got your numbers for B-2 denials, but I got my information from this government link: http://www.travel.state.gov/pdf/FY12.pdf

In 2012, the "ADJUSTED REFUSAL RATE for - B-VISAS" in the Philippines was 23.8%. It has been a bit higher in past years. For example, I found the 2010 numbers to have been 37.9 %. I speculate due to the higher influx of Filipino brides succeeding in marriage they are easing up on this country. Nonetheless, we will see how our case prevails. Thanks again for your input. Check out the link when you get a chance.

Posted

You seemed to have already made up your mind before you posted this. There's no real harm in trying; the worst the consulate can say is "no."

The I-134 isn't really looked at anymore, and I strongly doubt that the I-134 helped in the other case you mentioned. It just sounds like the consulate simply believed their story and the applicants had strong ties back home.

Based on your description, the terms of visit are legitimate. My advice: have definitive depart and return dates, be sure your mother in law and sister in law have jobs that they won't be quitting, have some proof of the impending birth (don't overdo it though), describe relatives that your mother and sister in law have to go back to (e.g. Your father in law, brother/sister in law(s) etc), and don't lie. If you can do this, you'll have a chance. But the biggest factor is convincing the interviewing officer that the trip is legitimate and that she'll go back.

Best of luck.

You are right on target. One of my friends that sent an I-134 for his Mother-in-law, stated that his Mother-in-law said that the CO never even looked at the I-134, yet, approved the B-2. However, I will send one, along with a letter, just in case. Thanks for your input. Yes, my mind was already made up, it's my Mother-in-law, and, my wife's first baby. I have such great respect and fondness for my Mother-in-law! We will prevail sooner or later. (Smile)

 
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