Rewing a tourist visa for my mother in law

[akravche 1]

Hi all,

I am a US citizen and my wife has a green card.  My mother in law current has a multi year tourist visa that is about to expire in May.  She wants to renew it and visit us sometime later this year for a few months. What are the chances for her new request visa to be denied?

She got her current visa before my wife and I got married and she is been visiting use for a few months every year for the past three years.

Now I was told that because my wife is a green card holder it will make it more difficult to get a new visa.  Anyone has suggestions on how to improve her chances with the consulate interview?  I mean to indicate that she doesn't have an intention to stay in US?

She owns property and has some relatives in her country, but she is retired, so no job there.

Who should write the invitation letter me or my wife?

 

thanks.

[geowrian 22,337]

There's not really anything to do to improve her chances. Facts are facts, and that's what they look at it. Having a past tourist visa that she did not abuse is a very good sign. She could be approved without an interview, even.

The only thing to do is file and find out. Good luck!

 

Edit: You can write an invitation letter, but they won't consider it in their decision.

Edited February 21, 2018 by geowrian

[akravche 1]

Thanks, what about affidavit of support, I-134?  Is going to help or hurt her case?

[Khallaf 650]

1 minute ago, akravche said:

Thanks, what about affidavit of support, I-134?  Is going to help or hurt her case?

Affidavit of support are only for immigration visa's I believe

[geowrian 22,337]

2 minutes ago, akravche said:

Thanks, what about affidavit of support, I-134?  Is going to help or hurt her case?

An I-134 holds no value for a tourist visa. You cannot be responsible for a tourist.

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a nonimmigrant tourist visa. If you do choose to bring a letter of invitation or Affidavit of Support to your interview, please remember that it is not one of the factors that we use in determining whether to issue or deny a nonimmigrant tourist visa. "

[Crazy Cat 41,850]

The fact that your wife now has a Green Card is not relevant ( as far as your MIL staying in the US to adjust status) because Green Card holders can not petition parents. 

Edited February 21, 2018 by missileman

[WeGuyGal 1,052]

8 minutes ago, akravche said:

Thanks, what about affidavit of support, I-134?  Is going to help or hurt her case?

Did she have\use one when applying during the previous attempt?  And what country is she applying in? 

[akravche 1]

Here is a link with some info on affidavit of support:

https://www.***removed***/visitor-visa/affidavit-of-support-form-134-tips.html

 

On another website, I read that it will just hurt her chances.

[jkstark 97]

IMHO, an affidavit of support will probably not be a good idea...  As mentioned, the idea behind a tourist visa is that the applicant has strong enough ties to return to their home country as opposed to staying in the US.  If you provide that affidavit of support, you are indicating that you are willing to help her in the US, thus lessening her ties to her home country.  Now, if there is a question about finances that come up during the visa application process, there may then be validity in mentioning that you are willing/planning on, say, paying for he flights in/out just so that your MIL and wife can have some time together.  I would not lead with that, however.

[geowrian 22,337]

9 minutes ago, akravche said:

Here is a link with some info on affidavit of support:

https://www.***removed***/visitor-visa/affidavit-of-support-form-134-tips.html

 

On another website, I read that it will just hurt her chances.

There's a reason that site is replaced with "***removed***" here on VJ. The ability to sponsor a tourist is an urban myth. The link I posted is directed from the DOS. Embassies/Consulates fall under the DOS.

 

It shouldn't hurt her chances unless it leads the CO to believe that there is a support network in the US who is willing to provide for her if she decided to overstay (i.e. waiting out until the wife is a USC and can petition her). In general, I would call it a wash and go by what the DOS says directly.

Edited February 21, 2018 by geowrian

[WeGuyGal 1,052]

That website is suspect at best, and so is it's advice. It mainly caters to Indian nationals.  Best to consult official US websites. 

[akravche 1]

19 minutes ago, WeGuyGal said:

Did she have\use one when applying during the previous attempt?  And what country is she applying in? 

Yes, she got affidavit of support last time - a friend of the family provide this as well as an invitation letter.  She is applying from Ukraine.

[WeGuyGal 1,052]

Chances are, the affdavit was never looked at. As mentioned earlier, i134  for a tourist visa is an urban myth. 

[Boiler 45,500]

She only has 2 options, apply or not apply, I assume she wants to apply so apply.

[akravche 1]

Here is another good article from a law firm that specifically recommends not to do it:

 

https://www.murthy.com/2016/10/03/form-i-134-affidavit-of-support-for-b-1-b-2-visitor-visas/