Parents B1/B2 Visa got Denied

[VB-100 3]

I applied for my parents b1/b2 visa. I am an Australian citizen married to US citizen living in Australia. During the application, I filled myself as a sponsor. I have been married for 7 years and my parents' have not met my father in law yet. The travel purpose of that application was to meet my father in law and attend my sister in laws' wedding (15 day trip).  We attached all my financial documents. I have also had all the hotels booking attached. They got denied on the basis of 214 (b) not showing strong ties to home country. I still don't understand on what basis they denied the visa age wise, my father is 70 years old and mother 66 years old. They have travelled previously 4 times to Australia and always came back within a reasonable time. 

 

Questions asked:

1. Why are you going to US? To meet my sons' father in law and attend his sister in law's wedding
2. Where do they live? California
3. For How long are you going? 2 weeks
4. What does your sons' father in law do? He is a builder
5. Where are your kids are living? They are well settled in Australia and citizen of Australia.
6. Have you ever travelled outside India? Yes 4 times in past 4 years.
7. What do you do for work? I have a transportation business (Single proprietorship)
8. How much do you earn? Rs.50000 monthly
9. Why are you going to colorado? We don't know anything about colorado, our kids booked trip. 

 

I am confused why the hell they would ask if they are going to colorado when they are not going. The only place we put was California.

 

Documents we attached in the application:

• My Salary slips from Australia
• My 3 Years Tax returns
• My 3 Months Bank Statement
• A combined invitation letter from my wife (US citizen)
• My Fathers' 3 Years tax returns
• My Fathers' house papers
• My Father's savings and current account statement (Total 10Lac)
• Invitation from My sister in law to attend her wedding
• Hotel bookings for my parents
• Passport copies of my wife, Sister in law and my Australian passport

 

We are applying again this week. Any help would be appreciated.

[Roel 7,191]

If nothing changes in your parents life, then they will get denied again. 

 

Also all your financial paperwork is kind of useless. Embassy don't need any of your info or invitation letters, only your parents proofs that they will return to their country 

[geowrian 22,336]

First, you cannot sponsor a tourist. This is a long-spread urban myth. Your financial capability has no bearing on their case, and the financial documentation provided did not impact their decision at all. From DOS directly (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html):

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

 

You can offer to provide a ticket and/or housing arrangements during their visit, although no documentation is needed for that. The CO primary cares why they want to leave the US, not why they want to come.

 

Unfortunately, they did not overcome the presumption of immigrant intent. Sorry, but it is what it is.

 

I do NOT suggest reapplying so soon. Unless there is a material change in their circumstances, the same result will occur. It is not a chance based process, plus it's like asking the CO to overrule their coworker.

[VB-100 3]

1 minute ago, geowrian said:

First, you cannot sponsor a tourist. This is a long-spread urban myth. Your financial capability has no bearing on their case, and the financial documentation provided did not impact their decision at all. From DOS directly (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html):

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

 

You can offer to provide a ticket and/or housing arrangements during their visit, although no documentation is needed for that. The CO primary cares why they want to leave the US, not why they want to come.

 

Unfortunately, they did not overcome the presumption of immigrant intent. Sorry, but it is what it is.

 

I do NOT suggest reapplying so soon. Unless there is a material change in their circumstances, the same result will occur. It is not a chance based process, plus it's like asking the CO to overrule their coworker.

Well what they didn't mention that they have next Australian trip pre-booked (We have booked their tickets to Australia) and he has a office in India and have paid 12 months rent in advance. Do you think this will help?

[geowrian 22,336]

Just now, VB-100 said:

Well what they didn't mention that they have next Australian trip pre-booked (We have booked their tickets to Australia) and he has a office in India and have paid 12 months rent in advance. Do you think this will help?

Possibly, but not substantially enough to overcome a very recent denial IMO.

[VB-100 3]

1 minute ago, geowrian said:

Possibly, but not substantially enough to overcome a very recent denial IMO.

Interesting. How would you show strong home ties then?

[geowrian 22,336]

1 minute ago, VB-100 said:

Interesting. How would you show strong home ties then?

Employment that requires you to be physically present in the country, property, sufficient means to pay for your own trip, family to care for, etc. These must also overcome any ties to the US. Unfortunately, there is no specific set of circumstances that will or won't overcome the presumption of immigrant intent.

 

Indian nationals have almost a 25% refusal rate last fiscal year (https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf), so it is a tough bar to overcome (my own wife's family and friends couldn't make our wedding with similar refusal rates for the Philippines). Certainly not impossible, but 25% is on the more difficult end (despite it sounding not too bad at 3/4 people being approved overall).

[SusieQQQ 11,585]

I do sometimes think there’s a random element. You see people who post about their Indian parents coming to visit for 6 months at a time every year. What ties can they have ?! Sometimes older ages seems an advantage and sometimes a disadvantage...  The refusal would make more sense to me if OP lived in US rather than Australia tbh. I get that it’s a wedding and therefore more urgent and maybe the extra evidence will help (is it normal in India to pay 12 months rent in advance though? That almost implies they expect to be gone for a long time?) I wouldn’t hold out much hope but given the circumstances I can understand why they’d try again.

[VB-100 3]

21 minutes ago, SusieQQQ said:

I do sometimes think there’s a random element. You see people who post about their Indian parents coming to visit for 6 months at a time every year. What ties can they have ?! Sometimes older ages seems an advantage and sometimes a disadvantage...  The refusal would make more sense to me if OP lived in US rather than Australia tbh. I get that it’s a wedding and therefore more urgent and maybe the extra evidence will help (is it normal in India to pay 12 months rent in advance though? That almost implies they expect to be gone for a long time?) I wouldn’t hold out much hope but given the circumstances I can understand why they’d try again.

Well, regardless all the suggestions, we are going to apply again. 

[JE57 239]

54 minutes ago, VB-100 said:

Well, regardless all the suggestions, we are going to apply again. 

I like others have said believe the chances are slim.  BUT.... an Important distinction is that NO.... 'we' are not applying 'THEY' are applying.  There application has nothing to do with you.  It is up to them to show that they have strong ties to return to India.   Previous travel to Australia and return is a plus for them.   They knowing and being aware of the travel plans is important.  Your father is still working and making by my calculations about $750 USD per month.  From the COs point of view they are going to California to 'meet' your father in law who is a builder.  Perhaps they believe that your Father-in-law can hire your father as a Laborer and if so he'd make (even at Minimum wage) more than the 750/month.  Further you mention 10 Lakhs in accounts in India.  How portable is that.  The key is in a short interview to answer whatever questions are asked in a way that shows that your father (and mother) intend to return to India and not relocate to the USA.   Not an easy hurdle to pass as they will likely not be asked for documents and the prior denial will weigh against them.  Perhaps the best chance is if they ask your parents what changed is for your parents to state truthfully that they mis-understood the prior interview and thought that you could sponsor them so were not prepared to show that they are well established and rooted in India and have no intention of re-locating to either the USA or anyplace else.  They are happy and financially stable in India both because of a Transport business that requires your father to mind it and house and savings for the future..  Further,  perhaps it's a cultural thing I don't understand but meeting your father-in law and attend your Sister in laws wedding when you and your spouse live in Australia doesn't seem like a very compelling reason to travel to the other side of the planet.  They might want to expand on why it's important to them to do these things and why it's a hardship for them to do it this but worth it.  Denial is the most likely outcome but best of luck and hope that if they take the view of a skeptical CO that maybe they could have a 2nd chance.

[VB-100 3]

1 hour ago, JE57 said:

I like others have said believe the chances are slim.  BUT.... an Important distinction is that NO.... 'we' are not applying 'THEY' are applying.  There application has nothing to do with you.  It is up to them to show that they have strong ties to return to India.   Previous travel to Australia and return is a plus for them.   They knowing and being aware of the travel plans is important.  Your father is still working and making by my calculations about $750 USD per month.  From the COs point of view they are going to California to 'meet' your father in law who is a builder.  Perhaps they believe that your Father-in-law can hire your father as a Laborer and if so he'd make (even at Minimum wage) more than the 750/month.  Further you mention 10 Lakhs in accounts in India.  How portable is that.  The key is in a short interview to answer whatever questions are asked in a way that shows that your father (and mother) intend to return to India and not relocate to the USA.   Not an easy hurdle to pass as they will likely not be asked for documents and the prior denial will weigh against them.  Perhaps the best chance is if they ask your parents what changed is for your parents to state truthfully that they mis-understood the prior interview and thought that you could sponsor them so were not prepared to show that they are well established and rooted in India and have no intention of re-locating to either the USA or anyplace else.  They are happy and financially stable in India both because of a Transport business that requires your father to mind it and house and savings for the future..  Further,  perhaps it's a cultural thing I don't understand but meeting your father-in law and attend your Sister in laws wedding when you and your spouse live in Australia doesn't seem like a very compelling reason to travel to the other side of the planet.  They might want to expand on why it's important to them to do these things and why it's a hardship for them to do it this but worth it.  Denial is the most likely outcome but best of luck and hope that if they take the view of a skeptical CO that maybe they could have a 2nd chance.

I think you made couple of good point.

 

Actually my father is law doesn’ Own a business. He works as a tradesman in a company.

 

It is a cultural thing in India you need to know your extended family where your son is married and where you daughter in law is from. My parents does not want to visit US it’s my wife keep pushing that they should visit once in their life time. And about my sister in law wedding, she was invited to my brothers’ wedding and my parents’ took care of her trip especially when she missed the flight to India. My parents bought her the ticket. Now she really wants to pay back to my parents and invited them on her wedding.

 

i still don’t understand why CO will ask about Colorado when they were not going to visit.

 

[CEE53147 559]

Why would your SIL invite your parents to her wedding and at such a great distance and expense especially if they are not close to your spouse's side of the wedding?

[WeGuyGal 1,052]

Your Oz citizenship or spouse' US citizenship has absolutely no bearing on parent's US visa appl.  As Indian nationals, they applied on an Indian passport and were denied based on merit (lack on strong ties to home). 

 

As others have said, you didn't apply; parents did. And there is no sponsoring a US tourist visa. All the hundreds of pages of documents carried to an interview usually come to not during the 3-5 minutes at the window. 

 

And, never book any non-refundable trips before passport is in hand with a visa in it. 

 

India-centric forums/agents typically suggest re-applying (playing the numbers game). Will just be another $320 donation and a denial imo. 

Edited June 27, 2018 by WeGuyGal

[WeGuyGal 1,052]

8 hours ago, SusieQQQ said:

I do sometimes think there’s a random element. You see people who post about their Indian parents coming to visit for 6 months at a time every year. What ties can they have ?! Sometimes older ages seems an advantage and sometimes a disadvantage...  The refusal would make more sense to me if OP lived in US rather than Australia tbh. I get that it’s a wedding and therefore more urgent and maybe the extra evidence will help (is it normal in India to pay 12 months rent in advance though? That almost implies they expect to be gone for a long time?) I wouldn’t hold out much hope but given the circumstances I can understand why they’d try again.

No.  Appears to be part of an effort towards procuring a US visa

 

3 hours ago, CEE53147 said:

Why would your SIL invite your parents to her wedding and at such a great distance and expense especially if they are not close to your spouse's side of the wedding?

See above; whatever it takes to obtain a visa

[SusieQQQ 11,585]

4 hours ago, CEE53147 said:

Why would your SIL invite your parents to her wedding and at such a great distance and expense especially if they are not close to your spouse's side of the wedding?

There are at least a few cultures where it’s considered rude not to invite all family members to weddings, no matter how remotely related they are to you.  

And a celebration like this seems like a great opportunity to finally meet in laws. If I were in OP’s shoes and could afford for my parents to do something similar, i would, especially if the in laws had not managed to meet until this stage (it does seem odd it didn’t happen at OP’s wedding rather than this one, admittedly.)