Visitors Visa

[audelair]

On Murthy.com, there is an interesting FAQ question...

 

Question 6. I am in the United States in H1B status and I earn a very good salary. I would like to sponsor my parents for a tourist visa. Can I provide an employment letter from my company for them to take to the consulate, which will demonstrate that I have the ability to support them while they are visiting? What other documents should they be prepared to provide at the consulate?

 

One of the most common misconceptions regarding nonimmigrant visitor visas is that someone can / should act as a sponsor or offer to guarantee a person's return to his/her home country. Each applicant must qualify based on his or her own circumstances. Moreover, submitting evidence to show that a family member in the U.S. will financially support a visitor visa applicant actually could decrease the possibility of receiving a visa because it would tend to indicate that s/he does not have a level of socio-economic stability in the home country that is sufficient to overcome the burden of presumed immigrant intent placed on all applicants for visitor visas. Therefore, it is better to focus on relevant aspects of the intending visitor’s life that would lead a consular officer to the conclusion that s/he has enough reasons to return to the home country after a short trip, as discussed in question 2.

 

I wonder if VO's ask for this to test the waters? I see nothing in the official documents to suggest that sponsorship from the inviter is a good thing. I wonder if the kitchen sink approach is actually a bad one and that we should keep things simple. Focus on relationship and ties to own country?

 

Interested to hear what other CFL'ers have to say about this.

Edited May 25, 2011 by audelair (see edit history)

[Eric]

On Murthy.com, there is an interesting FAQ question...

 

Question 6. I am in the United States in H1B status and I earn a very good salary. I would like to sponsor my parents for a tourist visa. Can I provide an employment letter from my company for them to take to the consulate, which will demonstrate that I have the ability to support them while they are visiting? What other documents should they be prepared to provide at the consulate?

 

One of the most common misconceptions regarding nonimmigrant visitor visas is that someone can / should act as a sponsor or offer to guarantee a person's return to his/her home country. Each applicant must qualify based on his or her own circumstances. Moreover, submitting evidence to show that a family member in the U.S. will financially support a visitor visa applicant actually could decrease the possibility of receiving a visa because it would tend to indicate that s/he does not have a level of socio-economic stability in the home country that is sufficient to overcome the burden of presumed immigrant intent placed on all applicants for visitor visas. Therefore, it is better to focus on relevant aspects of the intending visitor¡¯s life that would lead a consular officer to the conclusion that s/he has enough reasons to return to the home country after a short trip, as discussed in question 2.

 

I wonder if VO's ask for this to test the waters? I see nothing in the official documents to suggest that sponsorship from the inviter is a good thing. I wonder if the kitchen sink approach is actually a bad one and that we should keep things simple. Focus on relationship and ties to own country?

 

Interested to hear what other CFL'ers have to say about this.

 

I can only comment on my in-laws' B-2 visa experience and what I did this past October. For several months prior to their visa application it seemed that there was a growing trend being reported on this and other boards that indicated that an I-134 was being requested from B-2 applicants, particularly those who were retirees. So I took the safe route and filled out an I-134 for my in-laws just in case one was asked for at their interview.

 

My in-laws both draw very good retirement incomes, have sizable bank account balances, stock holdings and own several apartments. They took all the proper documentation verifying all of this to the interview however none of that was asked for but they were asked if they had an I-134 from me and/or my wife. The VO asked to look at the I-134 and after giving it a good look over told them that their visas were approved. The VO then immediatly returned the I-134 to them - it was not kept.

[dnoblett]

The I-134 has more to do with how a person will support self while in the USA, if they can show pre-booked hotels and such as a tourist then no I-134, if they are visiting family, the I-134 is just showing that family in the states will be providing housing while here, just noting that will be providing a room and some funds for a specified length of time, sponsor would need to show evidence that their gross annual income exceeds 100% poverty line.

 

I-134 serves many uses for non-immigrant visas, and is one tool to show that the visitor would not become a charge of the state.

 

9 FAM 40.41 N2 DEFINITION OF "PUBLIC CHARGE"

 

b. When considering the likelihood of an applicant becoming such a ¨Dpublic charge,¡¬ you must take into account, at a minimum, the factors specified in INA 212(a)(4)(B ) (see 9 FAM 40.41 N4) (in addition to any required Form I-134, Affidavit of Support), in order to base the determination on the totality of the alien's circumstances at the time of visa application.

http://www.state.gov/documents/organization/86988.pdf

[audelair]

Good info, thanks guys!

 

So my take is that the best strategy is to show self sufficiency (on form DS-160, say you will finance the trip and have supporting evidence) but have the I-134 (with employment letter and bank statement) ready in case the VO feels they do not have enough money to cover the trip.

[Randy W]

On Murthy.com, there is an interesting FAQ question...

 

Question 6. I am in the United States in H1B status and I earn a very good salary. I would like to sponsor my parents for a tourist visa. Can I provide an employment letter from my company for them to take to the consulate, which will demonstrate that I have the ability to support them while they are visiting? What other documents should they be prepared to provide at the consulate?

 

One of the most common misconceptions regarding nonimmigrant visitor visas is that someone can / should act as a sponsor or offer to guarantee a person's return to his/her home country. Each applicant must qualify based on his or her own circumstances. Moreover, submitting evidence to show that a family member in the U.S. will financially support a visitor visa applicant actually could decrease the possibility of receiving a visa because it would tend to indicate that s/he does not have a level of socio-economic stability in the home country that is sufficient to overcome the burden of presumed immigrant intent placed on all applicants for visitor visas. Therefore, it is better to focus on relevant aspects of the intending visitor¡¯s life that would lead a consular officer to the conclusion that s/he has enough reasons to return to the home country after a short trip, as discussed in question 2.

 

I wonder if VO's ask for this to test the waters? I see nothing in the official documents to suggest that sponsorship from the inviter is a good thing. I wonder if the kitchen sink approach is actually a bad one and that we should keep things simple. Focus on relationship and ties to own country?

 

Interested to hear what other CFL'ers have to say about this.

 

 

Well, yes, BUT - the catch is that SOMEONE needs to show financial responsibility for the trip. If they DO NOT HAVE "a level of socio-economic stability in the home country that is sufficient to overcome the burden of presumed immigrant intent" , then they obviously can't show that they do. The burden then falls on the inviter. This DOES NOT rule out a visa, however, provided they can show OTHER sufficient ties to their homeland.

 

I would think that the bar on proving that level of "socio-economic stability" would be higher than most of our Chinese relatives can prove.

 

The I-134 represents assets in the United States, so I would doubt that (in itself) it would be a bad thing.

[Beachey]

My impression has always been that the economic evidence more supports the case why the visitor must return to China. Given the cultural norms in China, I would think the VO assumes that the US based relatives will assume financial responsibility whether they make $20,000 or $200,000 while the Chinese relatives are in the US.

 

I believe that I read on Visa Journey that the US Government enforcing the Affidavit of Support even for K1/CR1/IR1 Visa when there are problems is pretty rare even if they do apply for welfare, etc. I have no independent verification of this so in signing the affidavit we all should assume they will enforce it, but it might not help the case that much.

 

 

 

[Randy W]

My impression has always been that the economic evidence more supports the case why the visitor must return to China. Given the cultural norms in China, I would think the VO assumes that the US based relatives will assume financial responsibility whether they make $20,000 or $200,000 while the Chinese relatives are in the US.

 

I believe that I read on Visa Journey that the US Government enforcing the Affidavit of Support even for K1/CR1/IR1 Visa when there are problems is pretty rare even if they do apply for welfare, etc. I have no independent verification of this so in signing the affidavit we all should assume they will enforce it, but it might not help the case that much.

 

 

 

 

No such assumption CAN be made - financial support for the trip is a separate issue from ties to the homeland. The B-2 visas are usually good for a six month stay, so it CAN be a deal breaker.

[Eric]

Well, yes, BUT - the catch is that SOMEONE needs to show financial responsibility for the trip. If they DO NOT HAVE "a level of socio-economic stability in the home country that is sufficient to overcome the burden of presumed immigrant intent" , then they obviously can't show that they do. The burden then falls on the inviter. This DOES NOT rule out a visa, however, provided they can show OTHER sufficient ties to their homeland.

 

I would think that the bar on proving that level of "socio-economic stability" would be higher than most of our Chinese relatives can prove.

What was odd about my in-laws B-2 interview was that they could have easily proven a sufficient level of "socio-economic stability" for themselves but were never asked to - the VO only wanted to see an I-134 from me. In fact, the VO asked just as many questions about my wife and I as she did about my in-laws which I found to be a bit odd. This is what was asked during their interview:

 

1. Why do you want to visit the US? To visit our daughter and her husband and to help them out whenever their baby is born in February.

 

2. How long do you plan to stay? We will go in February and stay 2-3 months - we need to return to China before the summer break starts because we will need to keep our grandsons in Xiamen during that time.

 

3. How did your daughter and her husband meet? They originally met online and then my son in law came to China to visit 4 times before they were married.

 

4. When did your daughter move to the US? July 2009

 

5. What company does your son-in-law work for? My mother-in-law gave the VO one of my business cards

 

6. How many family members do you have that live in China? My Mother in law had made a small photo album of family photos which she showed to the VO and briefly explained who the various people in them were.

 

The VO then asked to see the I-134 which I had filled out for them - she looked it over and then returned it to my in-laws at which time she said - "No problem - you get the visas".

 

My MIL did remark that she felt that the decision to approve their visas had already been predetermined before their interview.

[Beachey]

I have a question on Visitor's visa's. This is more anecdotal than anything but I have hear you can freeze assets in a bank account as some form of bond? Does anyone know anything about this or is it some form of urban legend?

[Randy W]

I have a question on Visitor's visa's. This is more anecdotal than anything but I have hear you can freeze assets in a bank account as some form of bond? Does anyone know anything about this or is it some form of urban legend?

 

Assets in a bank can be frozen in an agreement with the bank. Assets in a bank can be used as evidence of ties to China.

 

Whether the consulate can be involved in any agreement or bond concerning those funds is another matter entirely. Doubtful.

 

I can't see how freezing your own assets would carry any weight at all, but perhaps a lawyer could explain that.

Edited June 20, 2011 by Randy W (see edit history)

[Beachey]

 

 

I can't see how freezing your own assets would carry any weight at all, but perhaps a lawyer could explain that.

 

 

What I am thinking is my wife's father's assets not mine.

 

 

[Randy W]

I can't see how freezing your own assets would carry any weight at all, but perhaps a lawyer could explain that.

 

 

What I am thinking is my wife's father's assets not mine.

 

 

 

 

Sorry, but I believe he would have to freeze his own assets - it's even more doubtful that YOU could freeze HIS assets.

 

The point is that this would be a legally binding (hopefully) agreement between YOU (in this case, YOU means your wife's father) and your bank. CAN they (the bank or the consulate) even legally prevent you from accessing your own account? I don't think so, but I'm not a lawyer.

 

You are apparently talking about your wife's father applying for a visitor's visa, no?

[Beachey]

I can't see how freezing your own assets would carry any weight at all, but perhaps a lawyer could explain that.

 

 

What I am thinking is my wife's father's assets not mine.

 

 

 

 

Sorry, but I believe he would have to freeze his own assets - it's even more doubtful that YOU could freeze HIS assets.

 

The point is that this would be a legally binding (hopefully) agreement between YOU (in this case, YOU means your wife's father) and your bank. CAN they (the bank or the consulate) even legally prevent you from accessing your own account? I don't think so, but I'm not a lawyer.

 

You are apparently talking about your wife's father applying for a visitor's visa, no?

 

Yes, I am trying to look ahead to possibly getting a vistor's visa for Baba. I am just trying to determine if there is anything I can do now while we are still here in China to possibly improving his chances of getting a visa. And I understand, legally these are all things he has to do. In reality, if this is going to happen I or my wife will have to help him with almost all of it.

[Randy W]

 

Sorry, but I believe he would have to freeze his own assets - it's even more doubtful that YOU could freeze HIS assets.

 

The point is that this would be a legally binding (hopefully) agreement between YOU (in this case, YOU means your wife's father) and your bank. CAN they (the bank or the consulate) even legally prevent you from accessing your own account? I don't think so, but I'm not a lawyer.

 

You are apparently talking about your wife's father applying for a visitor's visa, no?

 

Yes, I am trying to look ahead to possibly getting a vistor's visa for Baba. I am just trying to determine if there is anything I can do now while we are still here in China to possibly improving his chances of getting a visa. And I understand, legally these are all things he has to do. In reality, if this is going to happen I or my wife will have to help him with almost all of it.

 

 

I believe Kyle did that (froze assets) just as an extra little touch that may or may not have helped (his wife got the visa, as I'm sure you know). My guess is that the VO looked at the agrrement, thought "How nice!", and said, "Here's your visa!" (I'm in rumor-fighting mode, here. No disparagement of Kyle's efforts intended - he deserves all kudos he gets for getting the visa).

 

Perhaps Kyle can elaborate on just what the asset-freezing agreement was?

 

If it can easily be done, it can't hurt, but I have a hard time believing that there would be any kind of a legal agreement that would carry any weight with the consulate.

[Eric]

Yes, I am trying to look ahead to possibly getting a vistor's visa for Baba. I am just trying to determine if there is anything I can do now while we are still here in China to possibly improving his chances of getting a visa.

You may want to go ahead and fill out an online DS-160 for him, submit it and then print out the confirmation page that he will need to take to the interview with him. You could then also call the Visa Information Center in Shanghai and setup an interview for him. I took care of all these steps for my in-laws B-2s.

 

Be forewarned - the online DS-160 is still pretty buggy, it tends to time-out much quicker than the advertised 20 minutes of non-activity. If it times out then you lose all unsaved data, so make sure that you save everything after entering each page of information. My advice would be to print out one of the sample DS-160 forms that is available online, go over the questions asked and make sure that you gather up everything that you need to answer the questions before actually beginning the form in order to better avoid timeouts due to looking around for the needed information.