Father-n-Law Offering to Pay For Flight

[Mitch0526 1]

Hey,

My wife, a Chinese citizen, is going to try and get a B2 Visa interview in the coming weeks. All of her family, relatives, and her husband (me) are all living and working in China. She wants to go and visit the US to see my family. My dad offered to pay for our round trip visit to come this summer. He has written a letter stating that he will support her to go there financially, but he is not supporting her to stay. Right now, we have a family bank account in China that has 18,000 RMB, which is only about $3,000. I was thinking that they might be suspect we might not return if that's all the money we have.

Could it hurt her chances for a father-n-law to write a letter of support/sponsor? If it couldn't hurt, and maybe help, maybe not, then she might as well bring it. If it would hurt her chances, we will just rely on the proof we already have.

[Boiler 45,525]

Not relevant, so what proof do you have?

[Ryan E 10]

The important thing is proving that she will return to China at the end of the trip. The consulate will care more about this than who is paying what from where. Show evidence of family ties, job, assets etc. The letter of support shouldn't hurt. It may or may not help. They are mostly interested in your "story" than strictly which documents you can present (but support your story with documents which they may/may not actually look at.)

I know there is some variance between consulates about how strict they are about issuing B2 visas to spouses. My wife (Moldova) was able to get one without a problem but we were both employed and living in Moldova. I assume your situation is similar. Focus on the proof of what is keeping you from just moving to the US.

[Mitch0526 1]

Thanks Ryan.

We have many different pieces of evidence...

Last summer, she went to the US on a K-1 Fiance visa for us to get married and her to meet my family. We chose not to stay and establish residency because we have always wanted to live and work in China since getting together. If we were going to try and stay there, we would have already done it on the K-1.

We have her family Hukou with evidence that all of her family is living in China. Her mom wrote in a letter of proof and told us from the very beginning that she cannot move to the US. If she even had that thought, she would not have allowed us to get married.

We will bring in my university teaching employment contract, along with 4 jobs (although not big jobs with high salaries) to prove that we are both working here.

We will bring in a copy of the bank statement summary of transaction activity for our Chinese family bank account to show that we are trying to settle down here.

[Ryan E 10]

Sounds fully reasonable and good story. I'd approve your visa.

[jan22 3,056]

Sounds fully reasonable and good story. I'd approve your visa.

But visa officers hear good stories all the time! A couple of questions the office might have:

1) Your mother-in-law said she would never allow her to get a visa to go live in the US -- but she did exactly that with the K-1. What has changed now?

2) What evidence can you show that this isn't simply a way to circumvent having to file for an immigrant visa again (i.e., that you changed your mind and now want to live in the US)?

3) How long is your university contract valid for?

4) You mention her family's property (if I remember your post right) -- do the two of you own any property?

These are just some of the questions that I can think of that a visa officer might be interested in, since they --by law -- have to start with the belief that your wife intends to go and stay in the US permanently until she can demonstrate all the reasons why she won't. You all changed your mind once already about where you intended to live -- how can you convince the officer that you aren't doing exactly that right now?

Not saying I think you intend to do any of this -- just pointing out a few things from the officer's point of view.

[JohnR! 5,495]

Hey,

My wife, a Chinese citizen, is going to try and get a B2 Visa interview in the coming weeks. All of her family, relatives, and her husband (me) are all living and working in China. She wants to go and visit the US to see my family. My dad offered to pay for our round trip visit to come this summer. He has written a letter stating that he will support her to go there financially, but he is not supporting her to stay. Right now, we have a family bank account in China that has 18,000 RMB, which is only about $3,000. I was thinking that they might be suspect we might not return if that's all the money we have.

Could it hurt her chances for a father-n-law to write a letter of support/sponsor? If it couldn't hurt, and maybe help, maybe not, then she might as well bring it. If it would hurt her chances, we will just rely on the proof we already have.

A letter from your father will not help, however, that you are living and working in China is something she can present as ties to her home country and a very strong reason for her to return to China after her visit. She can disclose that she will pay for her trip with help from your family stateside, but she will need to convince the IO she will return to China. Make sure she has your documents, proving your residence and employment in China to present to the IO, for those may swing a decision in her favor.

Good luck!!

[Boiler 45,525]

Thanks Ryan.

We have many different pieces of evidence...

Last summer, she went to the US on a K-1 Fiance visa for us to get married and her to meet my family. We chose not to stay and establish residency because we have always wanted to live and work in China since getting together. If we were going to try and stay there, we would have already done it on the K-1.

We have her family Hukou with evidence that all of her family is living in China. Her mom wrote in a letter of proof and told us from the very beginning that she cannot move to the US. If she even had that thought, she would not have allowed us to get married.

We will bring in my university teaching employment contract, along with 4 jobs (although not big jobs with high salaries) to prove that we are both working here.

We will bring in a copy of the bank statement summary of transaction activity for our Chinese family bank account to show that we are trying to settle down here.

What basis would her Mother having to live in the US? Is she a US Citizen?

Was your wife under age when you married and needed Parents permission?

[Mitch0526 1]

1. Her mom allowed her to go to the US to visit Summer 2013. At that time, we used a K-1 visa and never intended to stay their and establish residency. We just wanted that visa because she was my fiance and we wanted to first get married in the US. There is nothing in writing that says we needed to stay and establish residency and at her interview at that time, they never said anything about it.

2. Family relationships in China are extremely important, even into the adult years. We got married when she was 24. She respects her authority then and now. If her mom didn't give us permission to get married, we wouldn't have gotten married. She told us, if she thought we would ever move to the US, she wouldn't have let us get married. That was true for the K-1 and is true for the tourist visa, that we can't move away from all of her family.

3. As to how we can prove we haven't changed our minds...we set up a family bank account here and my contract she will bring with her will be through July 2015, which will be my 3rd year at this university and 4th in China. I don't know if this will be good enough to show we haven't changed our minds or not.

4. We don't own any property. The university has provided a free apartment for us. Her family does own a house though. That doesn't matter, right? SInce it's not in her name.

Boiler...her mom lives in China. All of her family does. I was saying My wife's mom did not give my wife permission to ever move to the US, only to visit. If my wife chose to move to the US, it would lose her trust in us and severely damage the relationship.

[Boiler 45,525]

1. Her mom allowed her to go to the US to visit Summer 2013. At that time, we used a K-1 visa and never intended to stay their and establish residency. We just wanted that visa because she was my fiance and we wanted to first get married in the US. There is nothing in writing that says we needed to stay and establish residency and at her interview at that time, they never said anything about it.

2. Family relationships in China are extremely important, even into the adult years. We got married when she was 24. She respects her authority then and now. If her mom didn't give us permission to get married, we wouldn't have gotten married. She told us, if she thought we would ever move to the US, she wouldn't have let us get married. That was true for the K-1 and is true for the tourist visa, that we can't move away from all of her family.

3. As to how we can prove we haven't changed our minds...we set up a family bank account here and my contract she will bring with her will be through July 2015, which will be my 3rd year at this university and 4th in China. I don't know if this will be good enough to show we haven't changed our minds or not.

4. We don't own any property. The university has provided a free apartment for us. Her family does own a house though. That doesn't matter, right? SInce it's not in her name.

Boiler...her mom lives in China. All of her family does. I was saying My wife's mom did not give my wife permission to ever move to the US, only to visit. If my wife chose to move to the US, it would lose her trust in us and severely damage the relationship.

1. Sounds very odd when she is so controlling that she was OK not being at the marriage. You could have married in the US on a B2, why the K1?

2. Obviously many Chinese do move to the US, from what I can gather far more than have spouses that move to China. Anyway she is now married and not under her Mothers control.

3. I have a bank account in the UK but have not lived there for many years.

4. I also have property in the UK, but of course not.

To state the obvious you have a damaged relationship now.

[Mitch0526 1]

1. We just had our first wedding in the US and then we had 2 other weddings that she went to in China. One was in the city we live in and another that was in her hometown.

Her getting to the States on a B-2 before we were married was highly unlikely. At that point, she didn't have as much proof to offer at the interview. We felt confident she would get the K-1 approved and that's the advice we got offered and it worked.

2. She is not under her mother's control, but she has a very strong relationship with her. Both she and I are not willing to risk damaging and suffering that relationship. Plus, we absolutely don't want to live in the US.

Boiler, how do I have "a damaged relationship now"?

[alicia98981 128]

1. We just had our first wedding in the US and then we had 2 other weddings that she went to in China. One was in the city we live in and another that was in her hometown.

Her getting to the States on a B-2 before we were married was highly unlikely. At that point, she didn't have as much proof to offer at the interview. We felt confident she would get the K-1 approved and that's the advice we got offered and it worked.

2. She is not under her mother's control, but she has a very strong relationship with her. Both she and I are not willing to risk damaging and suffering that relationship. Plus, we absolutely don't want to live in the US.

Boiler, how do I have "a damaged relationship now"?

I don't think that's a damaged relationship, I think that in fact proves strong ties. The fact that you used the K1 to marry in the US and then left without adjusting status because of the unlikelihood of receiving a B2 proves that. Furthermore, strong ties vary from region to region, country to county. It's not uncommon in Chinese culture for a strong nuclear family and I personally believe that if present that would make a strong tie argument. Plus she has already been to the US before and returned. Any CO that doesn't approve her case because of lack of strong compelling evidence would be making excuses. . .