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What are the odds of getting tourist visa for husband's brother

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Filed: AOS (pnd) Country: South Africa
Timeline

Any advice would be appreciated.

My husband is currently a legal permanent resident on conditional 2 year green card and we would like to know what the possibility would be to get his brother, who resides in South Africa (same place my husband is from) a visitors visa. His brother is 19 years old, is working and resides with their mother. Are the odds good or bad?

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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Filed: Country:
Timeline

Well, being from a non-Visa Waiver Country the odds are against him. The COs will assume he has immigrant intent by default (I believe it's actually in their manual) and he will have to overcome that assumption at the interview.

How can we accomplish that, by demonstrating strong ties that would compel him to return home. Strong ties include:

  • Wife/child that will remain behind.
  • Good job that expects him to return.
  • Owning substantial (by local standards) property.
  • Being in the middle of Higher Education (College).
  • Having a LARGE nest egg sitting in the bank.

Without these it would be practically impossible to overcome the presumption. Now add to that the fact that he has family in the US, that would make it easier for him to overstay.

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Yep – Bob has answered it perfectly.

Also adding all the factors from South-Africa + 19 yr old + some perm family in US (his Bro) would make it extremely difficult to get a tourist visa.

He will have to provide solid proof that his intentions are only to visit and then would return back to his home after his visit and not overstay his visa.

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Filed: AOS (pnd) Country: South Africa
Timeline

Thank you very much for your replies there were very helpful. My husband will not be happy, but it will probably be easier for my husband to just go visit him back in SA - right.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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Filed: K-1 Visa Country: Wales
Timeline

He can always try, only has the fee to risk.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: South Africa
Timeline

Boiler - that is true, but their financial situation is not good right now. thanks for our reply.

Timeline:

9-18-2010 - Sent AOS to Chicago lockbox

9-20-2010 - Package arrived confirmation USPS

9-24-2010 - Received txt message and email for I-797

9-27-2010 - Received NOA1 for I-131, I-130, I-765 and I-485

9-27-2010 - Checks cashed

10-4-2010 - Received biometric appt. (10-28-10)

10-15-2010 - Touched

10-20-2010 - RFE Notice Sent via email on I-485 (Bummer)

10-25-2010 - Recevied RFE

10-26-2010 - Send evidence

10-27-2010 - Evidenced signed for in response to RFE

10-28-2010 - Appear for Biometrics

10-28-2010 - I-765 & I-485 touched

10-29-2010 - I-765 & I-485 touched again

11-1-10 - rec.email regarding continued processing of I-485

11-12-2010 - Received call from congresswoman's office stating they were contacting USCIS to expedite EAD

11-15-210 - Received call from congresswoman's office confirming request to expedite approved and EAD will be adjudicated in 7 business days and should received card 10 days after that. Also the I-485 has been moved to the next step to schedule interview too. Yeah - so happy!!!

11-19-2010 - Received email AP approved and EAD card in production.

11-19-2010 - Received interview letter - appt scheduled on 12-21-2010. :)

11-22-2010 - Received AP in mail

11-26-2010 - Received EAD in mail (Went on 11-29-10 for job interview and start on 12-6-10)

12-21-2010 - Went on Interview and was APPROVED!!!

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