Jump to content
Iml3g3nd

US Citizen wants to Immigrate Parents to US

 Share

46 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: India
Timeline

Very EASY for you to say. Your parents or your spouse's parents can buy a ticket and be in the US. The system leaves her no choice.

Right, neither my parents and nor my wife`s parents are here with us. We both are US citizen, me since this year and her since 2008. Her parents have been denied tourist visa once and since then her father has denied to apply ever again. My parents tried twice. We wanted to have an option for one of our parents to come visit us whenever we needed. If nothing else, her or my mother to be available whenever in future we plan to have a baby, big reason we have been holding off on that is because of this. Because we need someone to help out while raising our first child.

IR-1/CR-1

2008-12-24 - Marriage
2009-03-12 - I-130 Approved
2009-05-29 - Pay IV Bill
2009-09-30 - Case Completed at NVC
2009-10-14 - Packet 4 Received
2009-11-16 - Interview Date

Interview Result - Approved
2010-01-09 - US Entry
Port of Entry - JFK

Lifting Conditions

CIS Office - Vermont Service Center
Date Filed - 2011-10-08
Date Approved - 2012-07-30
Green card received - 2012-08-01


Citizenship

N400 filled - 2013-08-09
NOA - 2013-08-12
Biometrics -2013-09-05

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

Very EASY for you to say. Your parents or your spouse's parents can buy a ticket and be in the US. The system leaves her no choice.

My parents can yes, I can't. I've been denied three times so far thanks to my own stupid mistakes and therefore I haven't seen my children in 7 years.

But that's not the fault of the embassy staff, the law says they must presume immigrant intent and with an immediate family member becoming a US Citizen that provides a path to AOS if they were to be granted a tourist visa, therefore the law says that it should be refused unless the applicant can undoubtedly prove they have no wish to immigrate.

Don't blame the officers when it's the law that causes unfair anguish and stupid consequences that forces people to apply for immigrant visas when they don't want to immigrate. And therefore increases the processing time for those who do.

The law's at fault, not the embassy.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline

My parents can yes, I can't. I've been denied three times so far thanks to my own stupid mistakes and therefore I haven't seen my children in 7 years.

But that's not the fault of the embassy staff, the law says they must presume immigrant intent and with an immediate family member becoming a US Citizen that provides a path to AOS if they were to be granted a tourist visa, therefore the law says that it should be refused unless the applicant can undoubtedly prove they have no wish to immigrate.

Don't blame the officers when it's the law that causes unfair anguish and stupid consequences that forces people to apply for immigrant visas when they don't want to immigrate. And therefore increases the processing time for those who do.

The law's at fault, not the embassy.

Yes, but see when they say "unless the applicant can undoubtedly prove they have no wish to immigrate." that leaves a big room for person taking interview at embassy to decide either way. My mother is a Govt employee there in India since 30 years and she would retire few years down in the future. She took vacation from Job and got a proof showing she has been approved to visit outside of India for a month. My parents own land, real estate properties, and a house in India. Which they showed as ties that would bring them back and also at same time if they actually intended to stay in US then they had option of different visa, why would someone who want to stay in US and have option of GC would in their right mind go and ask for a tourist visa, just think? How in a right mind someone working in Govt sector for 30+ years would willingly lose her retirement and pension? So a immigration officer with little bit of common sense would see these things and then decide to give a tourist visa.

IR-1/CR-1

2008-12-24 - Marriage
2009-03-12 - I-130 Approved
2009-05-29 - Pay IV Bill
2009-09-30 - Case Completed at NVC
2009-10-14 - Packet 4 Received
2009-11-16 - Interview Date

Interview Result - Approved
2010-01-09 - US Entry
Port of Entry - JFK

Lifting Conditions

CIS Office - Vermont Service Center
Date Filed - 2011-10-08
Date Approved - 2012-07-30
Green card received - 2012-08-01


Citizenship

N400 filled - 2013-08-09
NOA - 2013-08-12
Biometrics -2013-09-05

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

Yes, but see when they say "unless the applicant can undoubtedly prove they have no wish to immigrate." that leaves a big room for person taking interview at embassy to decide either way. My mother is a Govt employee there in India since 30 years and she would retire few years down in the future. She took vacation from Job and got a proof showing she has been approved to visit outside of India for a month. My parents own land, real estate properties, and a house in India. Which they showed as ties that would bring them back and also at same time if they actually intended to stay in US then they had option of different visa, why would someone who want to stay in US and have option of GC would in their right mind go and ask for a tourist visa, just think? How in a right mind someone working in Govt sector for 30+ years would willingly lose her retirement and pension? So a immigration officer with little bit of common sense would see these things and then decide to give a tourist visa.

Exactly. It has nothing to do with the law. My fiance was denied a tourist visa once for not having her degree completed, she had finished all her credits. The only thing remaining was to do some bureacratic stuff and pay to get her diploma. I personally know of two people that went to the same embassy with no job and no degree yet they were granted a tourist visa.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

Yes, but see when they say "unless the applicant can undoubtedly prove they have no wish to immigrate." that leaves a big room for person taking interview at embassy to decide either way. My mother is a Govt employee there in India since 30 years and she would retire few years down in the future. She took vacation from Job and got a proof showing she has been approved to visit outside of India for a month. My parents own land, real estate properties, and a house in India. Which they showed as ties that would bring them back and also at same time if they actually intended to stay in US then they had option of different visa, why would someone who want to stay in US and have option of GC would in their right mind go and ask for a tourist visa, just think? How in a right mind someone working in Govt sector for 30+ years would willingly lose her retirement and pension? So a immigration officer with little bit of common sense would see these things and then decide to give a tourist visa.

I never said I liked the current system!

You're right, a bit of common sense would be great when it comes to issuing tourist visas, and a bit more tightening of the rules about adjusting and overstaying.

Or a seperate visa category that doesn't permit abuse at all.

Unfortunately too many people have left great careers, land, houses and even children to move to the States and used their tourist visas to do it, bypassing the lengthy greencard route. The US presumes that EVERYONE in the world dreams of living in the States so they make it tricky for them to do so.

Unfortunately your parents are paying the price for these rules.

If you want to go for the greencard then go for it, it will take a long time and cost you a lot of money but that's up to you.

There are tales on here about people getting their greencard, then handing it back after they've visited and then being issued tourist visas as they've shown that they've had the opportunity to live in the States and not taken it, thereby proving they have no immigrant intent.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

Exactly. It has nothing to do with the law. My fiance was denied a tourist visa once for not having her degree completed, she had finished all her credits. The only thing remaining was to do some bureacratic stuff and pay to get her diploma. I personally know of two people that went to the same embassy with no job and no degree yet they were granted a tourist visa.

She was refused for not having her degree? Was that what was written on her denial letter?

Or was it Section 214b of the Immigration Act, presumption of immigrant intent?

Which is the law.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

She was refused for not having her degree? Was that what was written on her denial letter?

Or was it Section 214b of the Immigration Act, presumption of immigrant intent?

Which is the law.

Yes, the officer said no because she didn't have her titulo "diploma" and then issued her that stupid 214b slip.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline

I never said I liked the current system!

You're right, a bit of common sense would be great when it comes to issuing tourist visas, and a bit more tightening of the rules about adjusting and overstaying.

Or a seperate visa category that doesn't permit abuse at all.

Unfortunately too many people have left great careers, land, houses and even children to move to the States and used their tourist visas to do it, bypassing the lengthy greencard route. The US presumes that EVERYONE in the world dreams of living in the States so they make it tricky for them to do so.

Unfortunately your parents are paying the price for these rules.

If you want to go for the greencard then go for it, it will take a long time and cost you a lot of money but that's up to you.

There are tales on here about people getting their greencard, then handing it back after they've visited and then being issued tourist visas as they've shown that they've had the opportunity to live in the States and not taken it, thereby proving they have no immigrant intent.

I would have simply preferred tourist visa option. But having tried twice, it seems like stupidity to try again. I know some people who have parents on GC and they maintain it easily and also some have been given the option to surrender the GC and get tourist visa for 10 years. Thats why after all these consideration, I have chosen this path. Only thing was to get better understanding how it would work. How the whole process is. Thats why I made this thread to see step by step process of this. But we all ended up discussing other things. I have seen it happen in other threads.

I exhausted other options before going for GC route. Its lengthy and expensive compared to Tourist visa, but its an option which seems best.

IR-1/CR-1

2008-12-24 - Marriage
2009-03-12 - I-130 Approved
2009-05-29 - Pay IV Bill
2009-09-30 - Case Completed at NVC
2009-10-14 - Packet 4 Received
2009-11-16 - Interview Date

Interview Result - Approved
2010-01-09 - US Entry
Port of Entry - JFK

Lifting Conditions

CIS Office - Vermont Service Center
Date Filed - 2011-10-08
Date Approved - 2012-07-30
Green card received - 2012-08-01


Citizenship

N400 filled - 2013-08-09
NOA - 2013-08-12
Biometrics -2013-09-05

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

Yes, the officer said no because she didn't have her titulo "diploma" and then issued her that stupid 214b slip.

It'll come as a shock to a lot of people that they need a degree education to get a tourist visa.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

It'll come as a shock to a lot of people that they need a degree education to get a tourist visa.

She did have an education. Unlike in the US, you are not granted a degree after you finish college. You have to pay for it and do other bureaucratic stuff.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

She did have an education. Unlike in the US, you are not granted a degree after you finish college. You have to pay for it and do other bureaucratic stuff.

What I mean is that there are no rules to say you have to have a degree to get a tourist visa.

But what I suspect is that the embassy officers don't always give a true reason for denials.

If they had said to her that they were denying her visa because they presumed she would use it to fraudulently immigrate to the US what would she have done?

Argued?

Most people would.

So instead they use random excuses that almost sound reasonable so they can move on to the next applicant quickly when all along the denial was purely due to the presumption of immigrant intent and nothing to do with her having a diploma or not.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

Sadly, this may be one of the avenues we'll have to consider to allow my MIL to see her grandchildren. Tourist visa refusal twice so far = $320 and on and on...

The system is so broken. I am sure it is a painful situatuon for your spouse and you.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline

People say that this is expensive option, which it is, but not that much more than tourist visa gamble. Like my parents, most people try tourist visas couple of times and get refused. They end up wasting that money in a gamble. $300-$500 spent in visa app fees, travel and lodging to embassy etc. So better try once and second time take GC, better if GC is option, don`t try tourist straightway as its wastage of time and money when they refuse. Better take GC and if not willing to keep it, give it up and get Tourist visa.

IR-1/CR-1

2008-12-24 - Marriage
2009-03-12 - I-130 Approved
2009-05-29 - Pay IV Bill
2009-09-30 - Case Completed at NVC
2009-10-14 - Packet 4 Received
2009-11-16 - Interview Date

Interview Result - Approved
2010-01-09 - US Entry
Port of Entry - JFK

Lifting Conditions

CIS Office - Vermont Service Center
Date Filed - 2011-10-08
Date Approved - 2012-07-30
Green card received - 2012-08-01


Citizenship

N400 filled - 2013-08-09
NOA - 2013-08-12
Biometrics -2013-09-05

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...