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Posted (edited)

Hi everyone, I have a complicated situation that I would like to seek for your opinion.

 

My husband and I are both US citizen. My husband works full-time and his salary is around $30 - $40k a year. I work (less than) part-time for university, and my salary is around $3k a year. 

 

His brother (B1), which is my brother-in-law is also a US citizen. He had been unemployed for two years before he moved to Vietnam in 2015. He works part-time/hourly in Vietnam but his job is not stable. He met and married his wife in Vietnam in 2016.

 

Now that B1's wife wants to move to US and get green card. But, with my understanding, B1 is unable to sponsor unless there is someone who can co-sign. B1 asks my husband and my husband hesitates. When we (my husband, his parents, and I) confront and suggest B1 to come back to the US and work for couple of years in order to have tax paperwork in his record and to prove that he could somewhat support her financially. His answer is NO, he does not want to come back and work because he does not want to be away from his wife.

 

But first, B1 wants my husband to sponsor for B1's wife and B1's mother-in-law to get visas to come here as tourists. Now that B1 keeps putting pressure on my husband by demanding my husband to send him my husband's tax info to so he could start the paperwork process. After B1's wife comes here, B1 wants my husband to co-sign to sponsor her.

 

I wonder if my husband could co-sign to sponsor B1's wife and if it is possible for B1 and my husband to get her the green card. 

 

Thank you so much for reading this. I know my situation is messed up, but now even my parents-in-law (my husband's parents) put pressure on both of us to co-sign.

Edited by pnguyen540
Filed: Timeline
Posted

Ok- this is pretty easy-

There is NO SUCH thing as sponsoring for a tourist visa. Plain and simple. Theres no form, theres no process- just nothing. Some people feel providing the Embassy with a letter stating "I agree to pay for tourist applicants trip" will help- but honestly those letters get tossed in the trash. To obtain a tourist visa the applicant needs to show strong ties to returning home.

 

Your B1's wife is married to a USC. She is going to have a hard time potentially getting a tourist visa to begin with. Why? Because they will suspect she will travel on it and then remain in the US with her USC spouse and file to adjust status. She CAN NOT do this. You can not enter as a tourist with the intentions of remaining in the US and filing for adjustment of status.

 

Now- you basically stated this is their intention. This is illegal and posting/discussing how to, or what if I - just anything about it is not allowed on VJ. 

 

-----

 

So with that said, B1's wife can apply for a tourist visa. If approved she will HAVE to leave when her time in the US is up. I can understand both your position of wanting B1 to work and establish himself so a co-sponsor is not needed, and I can also understand B1s position of not wanting to be apart from his spouse.

 

Since she can not enter and stay- the only choice is to file for her while she is overseas. It is up to you guys if you want to co-sponsor her so he can remain with her while they wait the process out or if you want to take the position of not helping- which would force him to leave his wife to re-establish himself first. 

 

Are you familiar with the responsibilities of being a co-sponsor? Many people do it for family- some do not. It can be hard when family is putting pressure on you to do it. Mixing money and family is hard. It doesnt always work out.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

yup, you have nothing to do with them for tourist visas, there is no such thing as sponsoring someone for tourist visas, for green cards yes, you can be joint sponsors if he wants to file for his wife, and you feel comfortable in doing so.

 

but for a tourist visa you don't do anything, they must show strong ties to their country and convince the officer that they won't use the tourist visa to immigrate and adjust status, since the wife is married to a USC. the mother in law also has to prove on her own that she doesn't intend to stay illegally in the country, that she has strong ties and motives to return

 

 

Posted

As already mentioned there is no sponsoring tourist visas.

 

Also, it looks like your brother-in-law wants to use the tourist visa to commit fraud because immigrating is not what the tourist visa is intended for.

 

The actions of your brother in law is selfish but that is a family issue. The tourist visa issue is not your responsibilty.

 

Tell you hubby to let his brother know that if they want tourist visas they have to apply on their won merits.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

Thank you all SO MUCH! I know this is a tough situation, and I appreciate so much your concern and time! B1 wants to give his wife a tour around US and then when they come back to Vietnam, my partner and I would start the paperwork to bring her here to stay and be citizen. Sorry for making you all confused that she would come here to start the paperwork at the same time.

 

I am aware of the responsibility of being a co-sign to sponsor, that is why I do not want to do that. Thank you again for your all input! Hope you have a wonderful day.

 
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