B-2 Visa questions and assistance

[Foxblood 2]

Hello all,

I started this same topic in the China section of the forum as well asking the same question. I apologize to the mods of this is against the rules.

Also - thank you kindly for any assistance you can provide.

I have a few questions concerning the B-2 tourist visa for a mother in-law that lives in Guiyang China.

First a little back ground.

My wife married me on a K-1 Visa over two years ago.

She has filed to have her green card conditions lifted back in October 2015

She is currently three months pregnant with our first child

She is currently employed and I am currently employed as well

My wife would like her mother to come visit her for about 5 months (I realize she may not be granted that amount of time). She is a 60 year old retired women that currently owns two houses in China. Her only income is that she has a monthly retirement check that she receives from the government and her previous employer. She has plenty of money in her savings account to afford the visit.

We would like to her to apply for a B-2 Tourist Visa for the visit.

From my research I have read that it maybe tough for her to get the B-2 Visa because my wife is currently pregnant. She would be here before the birth of the child but would like to stay past the birth of the child. (hoping for 5 months) My wife has three months maternity leave already scheduled with her employer and after that period we would be taking our child to a day-care (unless my wife decides to quit her job and stay at home) If asked by the interviewer we want them to be confident that my mother-in-law is not coming to assist in taking care of the baby. We realize that she is 100% not allowed to work and that taking care of the baby is considered work under the law. it is extremely important that we follow all immigration/Visa rules

I think my mother-in-law can provide enough evidence during the interview to prove that she intends to go back to China after the visit.

Are there any Chinese specific things we should know about she applies for the B-2 Visa?

Is it even worth applying for the Visa considering my wife is pregnant?

Obviously if my mother-in-law is asked if my her daughter is pregnant she will say yes. Should she even mention the pregnancy if she is not asked during the interview? The baby will not be born before she arrives if we stick to the schedule we are planning.

Should we wait until the baby is born for her visit?

What are your thoughts?

Thank you kindly!

[KierenHby 897]

Read this first..

http://www.visajourney.com/forums/topic/581548-mother-in-law-to-us/#entry7962483

Two different countries, but somewhat similar situations.

The rest is up to your MIL to try and find out. You do nothing from here in the US, other than helping fill her application.

[Foxblood 2]

Read this first..

http://www.visajourney.com/forums/topic/581548-mother-in-law-to-us/#entry7962483

Two different countries, but somewhat similar situations.

The rest is up to your MIL to try and find out. You do nothing from here in the US, other than helping fill her application.

Yep - Roger that

Thank you kindly for the reply =)

There is a post from Transborderwife in that chain that states "Exactly. Also your mother in law has a better chance of waiting for your wife to petition her. "

My MIL does not want to immigrate to the united states. She just wants to visit. In my situation I am assuming it would not make any difference whether my wife was a citizen or a green card holder. She applies for the B-2 and they will make a decision at that time based on the evidence and visitation rules.

I guess I am just trying to decide if it is worth the shot or do people think the chance is so low that it is not worth applying for the Visa.

[Merrytooth 5,748]

Just apply for the tourist visa. Zero chance if you never try.

Never heard of my chinese co-workers parents being turned down for tourist visa.

http://www.scmp.com/news/china/society/article/1783203/world-gives-mainland-chinese-travellers-warmer-welcome-nations

[KierenHby 897]

If she applies.. 50% chance

Doesn't apply.. 0% chance

$160 to find out.

[TBoneTX 43,399]

Unanswered duplicate thread removed from China forum. Classy advance apology appreciated.

[Foxblood 2]

Just apply for the tourist visa. Zero chance if you never try.

Never heard of my chinese co-workers parents being turned down for tourist visa.

http://www.scmp.com/news/china/society/article/1783203/world-gives-mainland-chinese-travellers-warmer-welcome-nations

Well that is encouraging =) Thank you for the response.

If she applies.. 50% chance

Doesn't apply.. 0% chance

$160 to find out.

Good point - Yes or No is all they can say =)

$160 is most certainly worth it to find out - thanks.

[HFM181818 748]

part of the challenge will possibly be for your MIL to convince a CO that she will not be babysitting so her daughter can go back to work and save a bunch of money....mere letters promising that she won't do so have no value, as anyone can write a letter that states anything and merely writing some promise on a piece of paper does not make that promise legally enforceable.

Not having a job to return to will also make it challenging....

Lots of people wrote letters claiming they were going to hire a nanny, for example....for me, such a letter was meaningless, as many of my former colleagues discovered....of the ones I knew of that had been approved, our fraud department called the US family and asked to speak to the nanny....you can easily guess how many times the nanny answered the phone! You can also guess how many times we were told, 'oh, she just stepped out to go to the grocery store...', and when we called back an hour later, we were told, 'oh, there must be traffic..' I've even made calls that were roughly midnight in the family's time zone, to be told that the nanny 'had to go to her parent's house for some reason...'...you get the idea.

So, no guarantees....on the positive side of the ledger, your wife got married, etc, via the K1 process instead of the ever popular B2->CR1 (mind change) visa route.

[Foxblood 2]

part of the challenge will possibly be for your MIL to convince a CO that she will not be babysitting so her daughter can go back to work and save a bunch of money....mere letters promising that she won't do so have no value, as anyone can write a letter that states anything and merely writing some promise on a piece of paper does not make that promise legally enforceable.

Not having a job to return to will also make it challenging....

Lots of people wrote letters claiming they were going to hire a nanny, for example....for me, such a letter was meaningless, as many of my former colleagues discovered....of the ones I knew of that had been approved, our fraud department called the US family and asked to speak to the nanny....you can easily guess how many times the nanny answered the phone! You can also guess how many times we were told, 'oh, she just stepped out to go to the grocery store...', and when we called back an hour later, we were told, 'oh, there must be traffic..' I've even made calls that were roughly midnight in the family's time zone, to be told that the nanny 'had to go to her parent's house for some reason...'...you get the idea.

So, no guarantees....on the positive side of the ledger, your wife got married, etc, via the K1 process instead of the ever popular B2->CR1 (mind change) visa route.

Thanks for the reply =)

Yep - those are valid concerns. My wife has three months maternity leave. I am thinking that if my MIL leaves at the same time as my wife's maternity leave ends that this may help convince them. Yeah - don't think writing letters making promises is what I would do. Maybe an official letter from my wife's employer letting them know she is taking the three months maternity leave? They can match that up with the date my MIL will leave back to China? They may not even ask her if she is pregnant but I imagine the CO will be smarter than that.

My MIL has two house that she owns in China. One is very new and she is still in the process the finishing touches so she can officially move in. I am unsure if property ownership would count for much when proving she wishes to return. As far as not having a job she is a 60 year old retired women who worked her entire life. I am hoping that they would understand that her not having a Job is simply because she already worked her entire life. She is also divorced so I am not sure if that will help or hurt her in this process.

[HFM181818 748]

Hard to say...but too much 'window dressing' is counterproductive.

[KierenHby 897]

B2, or any visa process, is not a one-size fits all, hence a US embassy in almost every country. COs are trained to understand cultural nuances in each country. A grandparent-to-be likely has a different role in an American household than, let's say, in a Chinese society. What may seem nanny/babysitting work to a VO may simply be cultural/emotional time spent between a grandchild and his/her grandparents in many societies.

At the end of the day though, a CO must make an adjudication based on prevailing law.

[Foxblood 2]

Hard to say...but too much 'window dressing' is counterproductive.

Fair enough - good point about the "window dressing"

I guess all she can do is her very best with the process and hope the CO does not deny the Visa.

From my research it looks like about 9% of tourist Visas in China are currently being denied. I think our chances are reasonable.

[HFM181818 748]

regardless of cultural norms, a lot of foreign born spouses try to bring relatives to the US, from grandparents to sisters, to provide free child care for months on end, so that the foreign spouse can return to work and not have to shell out thousands for child care....and that ultimate goal does not coincide with activities that are allowed by B2 visa holders, no matter what semantics might be used to avoid stating the real reason for the visa request.

[Foxblood 2]

regardless of cultural norms, a lot of foreign born spouses try to bring relatives to the US, from grandparents to sisters, to provide free child care for months on end, so that the foreign spouse can return to work and not have to shell out thousands for child care....and that ultimate goal does not coincide with activities that are allowed by B2 visa holders, no matter what semantics might be used to avoid stating the real reason for the visa request.

Sure - I guess those people who received a tourist Visa to the US under false pretense ruined it for the rest of us.

I am certain that I am not the only person with a foreign born wife in my situation. I would assume that not ALL tourist visa's are denied to people that wish to visit their relatives that have children born in the United States. I guess I could be wrong.

What I really wish is if I could talk to people that have successfully received their tourist Visa in a similar situation as mine just so I have more evidence that it is possible.

[KierenHby 897]

....and that ultimate goal does not coincide with activities that are allowed by B2 visa holders,

No argument from me there. Hence my stipulation.. At the end of the day though, a CO must make an adjudication based on prevailing law.

Sure - I guess those people who received a tourist Visa to the US under false pretense ruined it for the rest of us.

That's basically it.