Mother in Law Visit to US

[Jaseball]

It's been awhile. My wife and I are trying to obtain a travel visa for her mother to visit and spend a few months here in the US. From the past few years of reading the forums I've found this process isn't exactly easy and USCIS seems to think every person traveling from China over here plans on staying forever.

 

Our situation is as follows.

 

1) I'm not employed full time. I have some well paying contracting jobs, savings, and investments I can tap, but I don't have a stable income stream and we're just managing to hold on while looking for work.

 

2) My wife isn't pregnant, so there isn't a new baby or pregnant wife where having her mom here to help would make sense.

 

3) The mother in law has my brother in law in college, owns property, has her own older mother to take care of, and has many ties to China.

 

4) The mother in law has decided to use some sort of preparation service to help with applying for the visa. They want my tax returns, SS# of my wife and I, passport information, I-94 - pretty much everything. As someone who already had his ID stolen I really don't feel comfortable digitizing and sending all my details to someone I don't even know. I may as well apply directly and send the information over myself to USCIS just like I did for the K1 visa. I just don't believe any Chinese business will secure my information or provide the correct services. Would like to see what everyone else thinks.

 

Guess that is all for now. In all honesty I'd rather send my wife back to China for a few months and save myself this headache.

[Ryan H]

USCIS will have nothing to do with issuing your MIL's travel visa; USCIS doesn't issue visas, the State Department does (Consular Services of the State Department to be exact).

 

Your MIL will be issued a visa based on her own merits and that translates into ties to China. She needs to focus on #3.

[dnoblett]

A visit visa has no petitioning by anyone in the USA, Mother In Law will be filing a DS-160 at the nearest US consulate in China, and will have to prove ties to China, and demostrate no immigrations intent to the USA.

 

There is a thread about how to go about getting a B-2 visa.

 

http://candleforlove...-visitors-visa/

 

MORE: http://guangzhou.usembassy-china.org.cn/visa-application-form2.html

Edited April 30, 2011 by dnoblett (see edit history)

[Jaseball]

Thanks guys. I know I can always count on fast and correct answers regarding this sort of stuff from folks here.

[Randy W]

Yes, but what they (the visa service) MAY be thinking is to include an Affidavit of Support from the American relative.

 

Whether this is NECESSARY or not is another matter entirely, especially if she has the assets to pay for her own stay in the US.

 

So it's between you, your comfort level, your mother-in-law, and her visa service as to how you proceed. I'd say to play it by ear, but ABSOLUTELY don't do something you don't feel comfortable with.

 

Visa applications are made to the Dept of State, at the overseas consulate.

 

If her assets are such that the Affidavit of Support is indicated, you might have her apply directly to the consulate herself, using the B-2 thread here as a guideline.

Edited April 30, 2011 by Randy W (see edit history)

[pkfops]

I'm sure you have received some good advice already.

 

I would convince you mother in law not to use a service and create your own packet since you have concerns about you private data.

 

I just did a B2 for my mother in law and she was turned down on her first try because I did not submit an I-134, thinking a visitors visa was no big deal.

After doing some research on her rejection code I came to the conclusion that DOS views all visa applications as immigrant visas and the applicant has to prove otherwise (just my opinion).

 

In my opinion the I-134 and an invitation letter is a must and your finance/proof of assets (as second).

Your mother in law should provide proof of relationship and the fact she will return to China (assets, ties ect).

 

For my mother in law, the VO only looked at the invitation letter and the I-134 when they approved her the second time.

 

Hope this helps.

[Ryan H]

After doing some research on her rejection code I came to the conclusion that DOS views all visa applications as immigrant visas and the applicant has to prove otherwise (just my opinion).

 

The thing you say about viewing visa applicants viewed as intending immigrants unless the applicant proves otherwise is a fact.

 

Immigration and Nationality Act section 214:

every alien (other than a

nonimmigrant described in subparagraph (l) or (v) of

section 101(a)(15), and other than a nonimmigrant described

in any provision of section 101(a)(15)(H)(i) except

subclause (b1) of such section) shall be presumed to be an

immigrant until he establishes to the satisfaction of the

consular officer, at the time of application for a visa,

and the immigration officers, at the time of application

for admission, that he is entitled to a nonimmigrant status

under section 101(a)(15)."

Edited April 30, 2011 by Ryan H (see edit history)

[xiaozhu]

It is not necessary to use a service for B2 for your mother-in-law. Some Chinese visa angencies specially target their business on elder people who have no knowledge about English and visa. Also some do collect much more information from two sides which actuallty is not used for visa purpose. Your wife is the best person to handle it and she can prepare all documents for her mother since B2 is pretty strightforward.

 

As for your "Headache", there are three options:

 

(1) If you decide to be sponosor for your mother-in-law, have a copy of your passport, invitation letter, some pictures of you, your wife and your Mother-in-lawm and family, and I-134 form. But on I-134 form, you do not need to declare all proerties you have, only disclose partial your property, like your annual income and some savings, which you think would be good enough to cover your MIL's stay in US.

 

(2) Let your wife write invitation letter and she sponsors her mother. B2 visa does not require both husband and wife as sponsors. As sponsor, she needs to do what are listed in (1) and fill out I-134 form, not you! Does she work? Does she have saving account? Or your two have a joint account? If all is not, then the easiest way is to set up an account for her, put some money there (because you need a verification statement from the bank where the account locates). You do not have to put a lot of money, about 20,000-30,000 is enough. The advantage of this option is avoiding disclosure of family’s all properties and makes things simple. I myself sponsored my parents to USA while I studied and was married there.

 

(3) Let your wife's parent sponsor themselves. They donot need to fill out I-134, which is used by USA residents. Take a look of the following link which shows what documents they need to prepare such as their bank accounts, salaries. But if they are retired or non-employed, then better choose the ways above since only their bank account saving information is not acceptable by USA consulate.

 

http://chinese.usemb..._business.html.

 

 

I recommend way 2 since it worked and we had my parents there without any problem.

 

For B2, financial support to cover their stay in the state is important. But the more important is that your MIL needs to prove a strong link with China and will return to China!

Edited April 30, 2011 by xiaozhu (see edit history)

[xiaozhu]

By the way, your tax returns and SSN of your wife and you are definitely NOT needed for B2 visa by US consulate in China. The information about US residents is form I-134, a copy of the passport bio-page and invitation letter. Do not let some agencies fool your mother-in-law.

Edited May 1, 2011 by xiaozhu (see edit history)