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HELP!! Mother-in-law went for visa interview (B-2) in Beijing yesterday and was rejected. The VO just asked to see her daughter's (my wife) identification papers. My mother-in-law presented copies of my wife's probationary green card and extension form (we are waiting for her 10yr to be approved right now). After looking at the green card, VO said that he could not approve her for a visa because my wife looked like she had intentions to immigrate. My wife, not my mother-in-law. I don't understand this, because my wife has already immigrated and applied for a 10 yr greencard. What is the VO talking about? We prepared all the suggested materials listed on this forum and embassy website and they didn't even look at it: invitation letters, property deed, bank statements, pension letters, etc.

 

What should we do? My wife is going to give birth to our son in July and we were really hoping that her mother would be able to help for the first 5 months before returning back to China. And maybe come again in the future. Now that she was dinged once, how soon can she apply again? Is it futile now? Should she apply at a different consulate? Should she go through a visa agency? I really don't know what else to do to prove that she doesn't plan on living in the US permanetly, especially if the VO chooses not to look at any of the materials. Thanks in advance for your advice!

That it truly odd seeing a green-card, that is evidence that had already immigrated.

 

I have seen cases where denied, and then simply apply again and a different VO approves. I would also contact your state senator's DOS liaison and give them this they may have influence, or even provide a letter that could perhaps be provided at next interview.

 

For example if you live in NY State, how to have Charles Schumer's office to help: http://www.schumer.senate.gov/Services%20for%20New%20Yorkers/constituent_services.htm

 

For other states look here: http://www.senate.gov/general/contact_information/senators_cfm.cfm

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Dan,

 

We did not mention my wife's pregnancy in our invitation letter because we read online that that might suggest her mother would overstay her visa. Do you think we should mention it?

I certainly would, and explain in the letter that in Chinese Culture Grand-Mum in most cases helps take care of baby and mother for upwards of a month or more after a birth. The birth of a child is a very solid reason to visit the USA.

 

However also need to provide evidence that will not overstay the visa, so showing family ties and property back in China.

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  • 2 months later...

I applied for 1-year B-2 visa for my wife's dad and he received it in May. Upon arrival to SEA, they gave him only 6-months; this despite my wife writing a letter explaining his visit would assist us with our newborn baby.

 

Needless to say I am a bit disappointed with the I94, but is there a way I could extend it while he is already here? I really hate putting him on a plane in Nov only to turn back around. Also, we'd like a different family member to come next year so we have the help and her family can visit the baby and USA; 1-year durations work best.

 

Any advice?

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I applied for 1-year B-2 visa for my wife's dad and he received it in May. Upon arrival to SEA, they gave him only 6-months; this despite my wife writing a letter explaining his visit would assist us with our newborn baby.

 

Needless to say I am a bit disappointed with the I94, but is there a way I could extend it while he is already here? I really hate putting him on a plane in Nov only to turn back around. Also, we'd like a different family member to come next year so we have the help and her family can visit the baby and USA; 1-year durations work best.

 

Any advice?

 

6 months is the normal max period of stay that the POE is allowed to set, in order to extend this you will file an I-539 this can be done by mail or on line using ELIS

 

http://www.uscis.gov/i-539

http://www.uscis.gov/uscis-elis

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Yes, you can file the extension online. My memory is that you can file within 90 days of the expiration and you'll get a notice back saying it was received and that the notice serves as the new expiration date (ie: the requested extended date) until further notice.

 

In other words, no further news back is good new. As long as they do not deny the extension it is assumed as accepted. You will likely get an official approved notice anyways.

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Hello,

 

So we have decided to try for a visitor's visa for my Wife's sister. Mostly, we are going along the same path as outlined in all these previous posts.

 

However, we are not planning to be her sponsor in financial terms. We are going to try to have her visit based on her income and assets. I don't know what the $ amounts are that the U.S. Government would be looking for but I hope that it will be enough. Her sister has had multiple small businesses over the past few years and currently runs a flower Wholesale business. Also, she has a few pieces of property including a new apartment that she just purchased.

As for additional ties, she has a boy (11years) and a Girl (8 years) and several other sisters, a brother and parents.

 

Of course we will send an invitation letter.

 

I was looking for another example where the US couple did not sponsor the Chinese relative financially but I could not find one.

 

Is it that hard?

 

Thanks for any feedback!

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Hello,

 

So we have decided to try for a visitor's visa for my Wife's sister. Mostly, we are going along the same path as outlined in all these previous posts.

 

However, we are not planning to be her sponsor in financial terms. We are going to try to have her visit based on her income and assets. I don't know what the $ amounts are that the U.S. Government would be looking for but I hope that it will be enough. Her sister has had multiple small businesses over the past few years and currently runs a flower Wholesale business. Also, she has a few pieces of property including a new apartment that she just purchased.

As for additional ties, she has a boy (11years) and a Girl (8 years) and several other sisters, a brother and parents.

 

Of course we will send an invitation letter.

 

I was looking for another example where the US couple did not sponsor the Chinese relative financially but I could not find one.

 

Is it that hard?

 

Thanks for any feedback!

You can't sponsor your sister for a visitor's visa. It isn't an immigrant visa. A letter of invitation laying out your plans for her visit can help but she will be approved or not on her own merits by showing to the VO's satisfaction that she will return to China.

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Hello,

 

So we have decided to try for a visitor's visa for my Wife's sister. Mostly, we are going along the same path as outlined in all these previous posts.

 

However, we are not planning to be her sponsor in financial terms. We are going to try to have her visit based on her income and assets. I don't know what the $ amounts are that the U.S. Government would be looking for but I hope that it will be enough. Her sister has had multiple small businesses over the past few years and currently runs a flower Wholesale business. Also, she has a few pieces of property including a new apartment that she just purchased.

As for additional ties, she has a boy (11years) and a Girl (8 years) and several other sisters, a brother and parents.

 

Of course we will send an invitation letter.

 

I was looking for another example where the US couple did not sponsor the Chinese relative financially but I could not find one.

 

Is it that hard?

 

Thanks for any feedback!

 

No, not at all. Visitor's visas are not sponsored in the sense of financial responsibility. The person applying for the visa simply needs to show the availability of enough funds to cover the trip. It doesn't matter if the money comes entirely from the person applying for the visa, or if they have available funds from a "sponsor".

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Hi Warpedboared,

 

Whooops, you are right! I used the word "sponsor" incorrectly. I was basically trying to find out "roughly" if she has any obvious red flags or if anyone "roughly" knows how much money/assets a Chinese national would need proof of to satisfy the VO.

 

Thanks!

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You may show in part some support, the I-134 is used for many things, such as showing that sister-in-law will be staying at your place, that you will be providing her a place to stay.

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  • 2 weeks later...

Hi Dnoblett,

 

I was looking at the I-134 today. With your suggestion regarding us using some support, are you suggesting that we leave some of the income areas blank and simply enter a house address? Or, are you suggesting we fill it out normally and in our invitation letter we mention that we believe she would qualify on her own accord?

 

Thanks!

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Since this isn't an immigrant visa an I-134 will have no legal bearing other than as a statement. A notarized invitation statement saying you will make sure she is provided for while visiting would likely carry as much weight. The focus needs to be on convincing the VO she will return to China. One could say promising support might do more harm than good if the VO gets the notion she isn't financially stable in China.

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