In-laws for tourist visa

[khuang 0]

If my parents-in-law from China apply for a tourist visa to the US to visit me, would that be considered visiting immediate relatives?

[Pitaya 2,577]

Are they not your wife's mother and father? Is that "immediate relative" enough?

[khuang 0]

Was looking for clarification since for immigration visas, in-laws are considered different than biological parents and spouse.

[Pitaya 2,577]

You are asking about immigration visas in the tourist visa forum?

[Homer Simpson 7]

where is your wife? if she is in the USA or she is still in China and they are applying to visit (YOU) it sounds !!!!! and in all cases if your wife is in the USA so they will come to visit you only and not her?!! and anyways when they apply for a tourist visa they will have to indicate if they have relatives in the USA and if they visited the USA before and so on. so no matter what they have to tell about their immediate relative status to you, your wife, and grand children if any. I guess

[khuang 0]

Wife is in China, currently applying for immigration visa. No kids at the moment and it will be the first time the parents-in-law will visit US. Since my wife is in china, would not make sense when they are applying to say they are visiting the US to see their daughter that is in China.

[khuang 0]

You are asking about immigration visas in the tourist visa forum?

I am asking about the tourism visa. I was concerned because the US website does not clarify if in-laws are considered immediate family for tourism visas specifically because for immigration visas that distinction was clearly stated.

[Homer Simpson 7]

I don't know!! I have a feeling they may deny them the visa should they know that their daughter is still in china awaiting I V !! because they may think that you are guaranteed the IV for your wife but want to cut the process of bringing the parents into the USA first, then the wife comes and apply for them from within the USA and get change of status. BE CAREFUL, tourist visa does not lead to permanent residency and it is considered illegal to apply for a permanent residence while on a tourist visa. if that happened they will be subject to removal and may affect future application for them even from China

best thing to do is wait till your wife comes in the USA and send them an invitation for a visit to check on their daughter and see how she lives rather than have a deny in their application history.

[khuang 0]

The interview date is already scheduled for my wife within the month. We are getting the tourist visa now for the parents so that they can be there with my wife for the initial month to help get adjusted. The parents are not in the process of applying for an immigrant visa and are not planning to anytime soon.

Going back to the original question, would I be considered an immediate relative for my in laws?

[Pitaya 2,577]

Okay, now that we have some pertinent details provided...

Certainly, your in-laws can certainly apply for a visitor visa during you and your wife's spousal visa processing. The likelihood of them getting a visitor visa is near zero. They would have to prove to the satisfaction of the US consular official that they has significant ties to China such that they would return to China after their US visit is completed. Such ties could include, property, house ownership, current stable Chinese employment, etc. Since at the same time you and your wife have already signified that your wife (their daughter) has immigration intent and wants to move to the US by way of the pending spousal visa, it is rather unlikely that a visitor visa for your in-laws would be approved. I would suggest that you get your spousal visa business completed, and then consider having your in-laws apply for visitor visas. An invitation from you or your wife is of little use. Each visitor visa applicant is presumed to have immigration intent, and must prove that they are not trying to immigrate to the US as previously mentioned.

Good luck on your immigration journey.

[Pitaya 2,577]

The interview date is already scheduled for my wife within the month. We are getting the tourist visa now for the parents so that they can be there with my wife for the initial month to help get adjusted. The parents are not in the process of applying for an immigrant visa and are not planning to anytime soon.

Going back to the original question, would I be considered an immediate relative for my in laws?

You are asking about two different visa processes and requirements differ for each type of visa process. Actually, the use of the term "immediate relative" for a visitor visa application may result in a denial, if the CO feels that the visitor visa is being used for immigration purposes, i.e., the intending visitor wants not only to visit but to live with the immediate relative in the US, and not return home at the end of the visitor visa period.

Edited November 23, 2014 by A&B

[khuang 0]

Thank you for taking the time to answer my questions.

[Pitaya 2,577]

Best wishes for you and your wife's impending visa interview, presumedly in Guangzhou. Hopefully the climate will be pleasant.

It helps everyone that uses the forum, or is helped by the forum.

Good luck on your immigration journey.

[andrea_smb 5]

Hi.... well they are for your wife but not for you. When they fill up their DS160s they have to answer yes if your wife is already in the USA, if she is not they have to answer no.

About other comments, I am not sure how it is in China but I would like to tell you they approved the tourist visa for my whole family. My older brother and his wife applied before I got to the US, while my proccess was at Uscis stage, my parents applied a month after I got my visa approved in my country (I was already in the States -just 3 days here- when they had their interview) and my younger brother and niece were approved earlier this month. My soon to be husband signed a letter inviting my family for our wedding and we add a copy of his passport and my visa, my parents and my younger brother used that and their interviews went without any problem.

[Darnell 8,478]

If my parents-in-law from China apply for a tourist visa to the US to visit me, would that be considered visiting immediate relatives?

query - is this a new category ? visiting immediate relatives