Visitor visa rejection for my in-laws?

[Dakine10 5,452]

The prior circumstances is that he wanted a visitor visa to work in the US, and still does.

How does he remedy that?

Not everything can be remedied. If the purpose of the visit is to provide child care, the visa cannot be approved.

If they already gave providing child care as a reason for wanting to visit, then even on a future application, they will likely need to show proof of the parents work schedule or arrangements to show that they won't be providing child care while they are visiting. To paraphrase an earlier post you made, it may be difficult, but it's not impossible.

[Cathi 5,610]

Grandparents taking care of their grandbaby is NOT work

YES it iS!!

[Avery Cates 1,141]

Hi,

I am here in the US on EAD (Employment based) and my wife came to US on F1 (student) visa and is now on OPT. I have 2 year old daughter. My Wife has signed a contract with US Army and is joining the training from April 2016. She will be US citizen after her training in August. We really need my in-laws to come here to take care of my daughter and I cannot wait until my wife becomes US citizen.

My in-laws visitor visa was rejected 2 times. First it was rejected when my wife had graduation ceremony after completing her Associate degree in nursing but they were denied the visa. I guess the reason could be because my father in law could not explain the purpose of visit since he is not well-educated and is a plumber by profession and does not earn much.

Second time it was rejected when it was my uncle's daughter marriage. Visa officer did not give the reason for rejection. I guess its because the rejection from last time.

Now, I am concerned if we should apply for the visa again or not. Here are my main concerns.

- Should I apply only for my mother-in law?

- Should we show that they are coming here to take care of the baby? Lot of people say we should not mention this but this is genuine case where the baby needs someone from the family?

- I guess most of you will agree that my in-laws/motherin-law should show the army contract.

- I heard that if the interviewee works for an NGO that helps during the interview. How true is this?

Thanks,

PJ

Make sure that in every visitor visa interview they state that they need the visa because they're coming here to live and take care of a child. Also make sure that you write an invitation letter that USCIS can keep on file indicating that their services are needed for long term child care.

Don't be afraid to apply for both the MIL and the FIL. Regardless of how smart they are or their profession, everyone is eligible to apply for a visitor visa. They can also provide information as to what year they plan to return to their country, if at all. This will help greatly in the decision making process.

An army contract never hurts, especially to really drive home the point to the CO that they are truly needed for child care.

NGO or non-NGO (assuming you mean Non-Governmental Organization) doesn't make any difference in the visa approval decision making process.

[az2014 381]

Make sure that in every visitor visa interview they state that they need the visa because they're coming here to live and take care of a child. Also make sure that you write an invitation letter that USCIS can keep on file indicating that their services are needed for long term child care.

Don't be afraid to apply for both the MIL and the FIL. Regardless of how smart they are or their profession, everyone is eligible to apply for a visitor visa. They can also provide information as to what year they plan to return to their country, if at all. This will help greatly in the decision making process.

An army contract never hurts, especially to really drive home the point to the CO that they are truly needed for child care.

NGO or non-NGO (assuming you mean Non-Governmental Organization) doesn't make any difference in the visa approval decision making process.

Im assuming this is advice to make sure the OP's in laws fail in their application for the visa, yes?

I like it, good advice.

[Avery Cates 1,141]

Im assuming this is advice to make sure the OP's in laws fail in their application for the visa, yes?

I like it, good advice.

Nonsense.

Tourist visas are approved based on the individual's merit. This is ensuring that the OP's parents-in-law can receive the proper adjudication of their Tourist Visa petitions taking all of their pertinent information into consideration so a fair and just determination can be given. I stand by it 100%.

[Dakine10 5,452]

OP, Avery Cates post is purposely misleading and will cause your problems for your inlaws both now and in the future.

If your inlaws intend to visit, they can apply for a visitors visa. If they plan to provide child care, they should not apply for a visitors visa, they should wait until you can petition them for an immigrant visa.

[Avery Cates 1,141]

OP, Avery Cates post is purposely misleading and will cause your problems for your inlaws both now and in the future.

Nonsense.

Misrepresentation is very serious. One should always represent oneself truthfully and accurately.

I highly doubt the OP wants his parents-in-law to misrepresent themselves during something as important as a US Visa interview.

[Boiler 43,462]

OP, Avery Cates post is purposely misleading and will cause your problems for your inlaws both now and in the future.

Avery Cates is just saying to tell the truth, to suggest otherwise would be a breach of the VJ TOS.

[aaron2020 11,651]

Grandparents taking care of their grandbaby is NOT work

The US embassies disagree with that.

[Dakine10 5,452]

Avery Cates is just saying to tell the truth, to suggest otherwise would be a breach of the VJ TOS.

You don't apply for visitors visa if your intent is to work. Instructing someone to apply for the wrong visa is also against the TOS.

Advising someone to apply anyway is malicious. Why not give the correct advice - they should not apply for the visitors visa for this purpose.

Obviously, many are not aware that grandparents providing child care is considered work by USCIS. This issue has come up many times in the past. Many cultures do not consider it work, they consider it a normal part of being a grandparent. Some countries would allow this on a visitors visa, but the USA does not. It is helpful to provide the correct information for this poster and others who may follow.

[belinda63 2,981]

A few things here:

1. Off the main topic...how did your wife join the US army without being and LPR or USC?

2. You can't count on how long your in-laws are permitted to stay. The maximum is 6 months but what if they are granted the visa and they are only given 1 month to visit?

3. There are plenty of child care providers in the US either home-based, out of a day care center, or who will come to your home. To have someone come on a tourist visa to preclude the need to use this service is considered work.

[Avery Cates 1,141]

You don't apply for visitors visa if your intent is to work. Instructing someone to apply for the wrong visa is also against the TOS.

Advising someone to apply anyway is malicious.

Not at all, friend Dakine.

The OP has already decided that he doesn't want to wait for the time it would take for the proper appropriate visa, and instead would rather use the Visitor Visa system in this manner. Thus, if that's the case, one needs to take care to provide all the correct and truthful details during the application process to avoid misrepresentation so that the interviewing officer can understand the grounds upon which he'll make his rightful decision on the visa issuance..

[Boiler 43,462]

You don't apply for visitors visa if your intent is to work. Instructing someone to apply for the wrong visa is also against the TOS.

Advising someone to apply anyway is malicious. Why not give the correct advice - they should not apply for the visitors visa for this purpose.

Obviously, many are not aware that grandparents providing child care is considered work by USCIS. This issue has come up many times in the past. Many cultures do not consider it work, they consider it a normal part of being a grandparent. Some countries would allow this on a visitors visa, but the USA does not. It is helpful to provide the correct information for this poster and others who may follow.

Read the whole thread, the need for a work visa was mentioned.

[Avery Cates 1,141]

A few things here:

1. Off the main topic...how did your wife join the US army without being and LPR or USC?

MAVNI, probably, if she's been in the country for more then 2 years.

Edited January 9, 2016 by Avery Cates

[Dakine10 5,452]

Not at all, friend Dakine.

The OP has already decided that he doesn't want to wait for the time it would take for the proper appropriate visa, and instead would rather use the Visitor Visa system in this manner. Thus, if that's the case, one needs to take care to provide all the correct and truthful details during the application process to avoid misrepresentation so that the interviewing officer can understand the grounds upon which he'll make his rightful decision on the visa issuance..

What you believe the OP has decided is an assumption. He hasn't even posted again since asking the initial questions. At any rate, the OP is not the one applying so it doesn't matter what he has decided.

We don't know the inlaws intent, and they should not be instructed or encouraged to apply for a visitors visa for the purpose of work.