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KozmicBlues

Better changes of approval when applying as a family? (Indian Citizens)

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Hello - I know there's really not much that can be done in terms of us sponsoring family for tourist visas, but wanted to ask if anyone has suggestions or helpful opinions. My husband (K1 > AOS > Green Card Holder) has a younger brother (25 years old) and his parents back in India. We are having our first baby in November so obviously we are eager to have his family come visit. We especially want his brother to come visit soon as they are super close and has been difficult for them to be so far apart. Then his parents later on once my maternity leave is close to being over. 

 

My question is more so around my brother-in-law... he just finished school and is in-between jobs. Being unemployed probably doesn't look good and he doesn't really have much in terms of ties back to his country other than the truth that he would need to stay there to care for his parents. But actually him just finishing school/not having a job yet is why it's the best time for him to visit - once he starts a permanent job it will be almost impossible to get enough time off. Anyway, I'm really nervous about him getting approval so I'm wondering if it would be better chances if he applies at the same time as their parents? So mom, dad, brother all together requesting a visa to come visit us and meet the baby. Or would that look more questionable if they are all coming together?


They 100% intend to return - we couldn't afford to support them here illegally even if we were crazy enough to consider it! And his parents would not do well here for more than a few months at a time anyway, but we want them to come see the baby and be able to watch the baby for a good part of the year while we work. Doesn't cost much to apply for a tourist visa so they could at any time, but I'm cautious as I know a denial makes an approval even more difficult to get in the future. Obviously honesty is the best policy and I just have to trust that as long as they are truthful about their intentions then it will work out, but of course I'm over-analyzing all of the possible scenarios!

 

Any advice or tips?


The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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1 hour ago, KozmicBlues said:

 

They 100% intend to return - we couldn't afford to support them here illegally even if we were crazy enough to consider it! And his parents would not do well here for more than a few months at a time anyway, but we want them to come see the baby and be able to watch the baby for a good part of the year while we work.

Any advice or tips?

Ignoring other aspects, just the above bold reason will likely result in the visa denial.

 

Other than that, it’s hard to tell. Parents may have a better chance of getting visa than the brother for sure. One can only know after applying.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Posted (edited)

Looking after the baby while you work is considered work itself which is not allowed on a tourist visa.

 

He has no ties at all - highly doubt he will get approved with or without his family present.

 

Also not sure what you mean by 'good part of a year' since the maximum time allowed on a B2 visa is 6 months, and that is not guaranteed.

Edited by ElDiablo

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43 minutes ago, arken said:

Ignoring other aspects, just the above bold reason will likely result in the visa denial.

 

Other than that, it’s hard to tell. Parents may have a better chance of getting visa than the brother for sure. One can only know after applying.

Guess I'm not understanding why that alone would result in a denial. If they are allowed multiple entries up to 6 months then what is the harm in planning to say for 3-5 months at a time to spend time with their grandchild and son? Them watching the baby is not the sole purpose, but if they are here visiting then of course they would want to watch the baby while we are working. We live in an Indian community and know tons of people who have their parents come stay, many for close to 6 months every year. 

 

Either way - you're right. There's no way to know whether or not they would get the visa. I was just hoping to get some advice on if my brother in law applying with their parents would be the best option, in which case we'll tell him to wait until they are ready to apply at the same time. Thanks for your reply!


The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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You can check my signature link below for my parents successful b2 application. You might find some helpful tips there.

As for your brother, being unemployed will not help his b2 application, regardless of reason. He has no financial capability to show he can fund his trip (he is not a minor child nor a retired senior). In the eyes of the interviewing officer, he will be more likely be tempted to stay in the US, with a sibling to provide food and shelter. Just putting it out there. 

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All I am saying is if your parents mention “while we are there we can also watch the baby so our son/DIL can go to work” they will likely be denied. While it’s a tradition in countries like Nepal and  India, it’s considered work over here. Let’s say it’s equivalent to getting denied on a F1 visa by answering “while i am studying i may plan to marry a USC as well”. Lots of people do that as well.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Curious, who watches the baby when you are working and the grandparents aren't around?

 

I actually got a US visa in the same situation as this brother (after graduation, before job, i took a gap year to travel), just a one year visa but they granted it. To this day I cannot tell you why they granted it (i do come from a country with a very low overstay/refusal rate though, and even more so back then) and I think the chances of most visas being granted in this situation are slim.  His ties (or lack of them) to India are the same whether or not the parents are on vacation, and we have seen cases before of young single family members being denied while the older settled ones they applied with are granted visas, so I don''t think a family application (or lack of) will make any difference to the outcome.

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1 minute ago, SusieQQQ said:

Curious, who watches the baby when you are working and the grandparents aren't around?

 

I actually got a US visa in the same situation as this brother (after graduation, before job, i took a gap year to travel), just a one year visa but they granted it. To this day I cannot tell you why they granted it (i do come from a country with a very low overstay/refusal rate though, and even more so back then) and I think the chances of most visas being granted in this situation are slim.  His ties (or lack of them) to India are the same whether or not the parents are on vacation, and we have seen cases before of young single family members being denied while the older settled ones they applied with are granted visas, so I don''t think a family application (or lack of) will make any difference to the outcome.

I'm still pregnant so no need for anyone to watch the baby :) I get 6 months maternity leave then we are fully prepared and plan to arrange proper child care arrangements - likely a combination of us alternating schedules, enrolling in a child care facility, or hiring an at-home care taker.

 

That's helpful to know your situation, but you're right that most chances are slim. I need to fully prepare my husband for the highly likely possibility that his brother's visa could be denied which is a heartbreaking reality for us to accept, but is reality nonetheless. 

 

1 hour ago, arken said:

All I am saying is if your parents mention “while we are there we can also watch the baby so our son/DIL can go to work” they will likely be denied. While it’s a tradition in countries like Nepal and  India, it’s considered work over here. Let’s say it’s equivalent to getting denied on a F1 visa by answering “while i am studying i may plan to marry a USC as well”. Lots of people do that as well.

Ok thanks, I understand where the concern is coming from. I am the one who has been thinking that if his parents were here visiting then we would obviously prefer to leave the baby with them instead of putting them in day care, so it's purely from my side and his parents haven't even mentioned any intentions of coming here specifically to be our sole child care providers. They just want to meet their grandchild. I actually didn't even think about the fact that this would be considered work so I need to take a step back and be careful what ideas I give to his parents so they don't misunderstand anything either. I will make sure they know to be 100% clear and honest of their sole purpose and intentions for traveling which is to simply VISIT us and that's it. 


The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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6 hours ago, KozmicBlues said:

I'm still pregnant so no need for anyone to watch the baby :) I get 6 months maternity leave then we are fully prepared and plan to arrange proper child care arrangements - likely a combination of us alternating schedules, enrolling in a child care facility, or hiring an at-home care taker.

 

 

Which proves the point that bringing in grandparents for this takes jobs away from Americans. 

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Posted (edited)
On 7/25/2019 at 5:54 PM, SusieQQQ said:

Which proves the point that bringing in grandparents for this takes jobs away from Americans. 

Okay now this is just ridiculous. It takes jobs away from Americas? Really? Would you say the same thing if I was talking about my American mother watching my child instead of me putting my child into day care where a random stranger will take care of them? So just because my in-laws happen to be from a different country they are now stealing precious American jobs just because I would want my child to spend time with their grandparents - to experience the same culture and love that his father was raised with? Are American grandparents who watch children during the day while parents work stealing jobs? Are they working illegally?

 

I'm so sick of the discriminating comments towards foreigners and immigrants that I continue to read on this site. It's absolutely pathetic considering everyone on this site is either an immigrant themselves or family/spouse of one. Just goes to show how many entitled people live in this country thinking they are somehow holier than thou just because they happen to be born in this country. 🙄

Edited by KozmicBlues
spelling error

The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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Posted (edited)
7 minutes ago, KozmicBlues said:

Okay now this is just ridiculous. It takes jobs away from Americas? Really? Would you say the same thing if I was talking about my American mother watching my child instead of me putting my child into day care where a random stranger will take care of them? So just because my in-laws happen to be from a different country they are now stealing precious American jobs just because I would want my child to spend time with their grandparents - to experience the same culture and love that his father was raised with? Are American grandparents who watch children during the day while parents work stealing jobs? Are they working illegally?

 

I'm so sick of the discriminating comments towards foreigners and immigrants that I continue to read on this site. It's absolutely pathetic considering everyone on this site is either an immigrant themselves or family/spouse of one. Just goes to show how many entitled people live in this country thinking they are somehow holier than thou just because they happen to be born in this country. 🙄

Um, I'm an immigrant too, careful where you jump to when you jump to conclusions. All I did was point out something you posted that supports a common argument people give - you totally said in your own words that you would need to hire someone if the grandparents aren't here to babysit. Clearly, it hit a major nerve to spur such a rant.  Best of luck with the parents' visitor visas, I'm sure you now know how to tell them exactly what to say in the interview. 

Edited by SusieQQQ

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26 minutes ago, KozmicBlues said:

Okay now this is just ridiculous. It takes jobs away from Americas? Really? Would you say the same thing if I was talking about my American mother watching my child instead of me putting my child into day care where a random stranger will take care of them? So just because my in-laws happen to be from a different country they are now stealing precious American jobs just because I would want my child to spend time with their grandparents - to experience the same culture and love that his father was raised with? Are American grandparents who watch children during the day while parents work stealing jobs? Are they working illegally?

 

I'm so sick of the discriminating comments towards foreigners and immigrants that I continue to read on this site. It's absolutely pathetic considering everyone on this site is either an immigrant themselves or family/spouse of one. Just goes to show how many entitled people live in this country thinking they are somehow holier than thou just because they happen to be born in this country. 🙄

Also an immigrant and having looked after grandchildren I can absolutely confirm it is work, hard work and I am sure I am not alone in finding your attitude to those who do it demeaning. 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Boiler said:

Also an immigrant and having looked after grandchildren I can absolutely confirm it is work, hard work and I am sure I am not alone in finding your attitude to those who do it demeaning. 

I am by no means implying that it is not hard work. In fact there's probably no way my mother in-law could watch the child full-time anyway because of how hard it would be - I was just saying it wouldn't make sense to not leave our child with them sometimes while we work if they are here visiting. I'm just frustrated that foreign grandparents would be accused of stealing jobs from Americans (not by anyone here specifically - but by how the Government determines intent) while grandparents who live in the US would never face such accusations of stealing jobs from others or working illegally, instead they would be getting praise for doing such a difficult and amazing thing of caring for their grandchildren. 

 

I personally couldn't even be a stay at home parent because of how hard it is! I'm not cut out for it and have immense respect for parents/grandchildren/care takers who care for children on a full-time basis. 


The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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28 minutes ago, SusieQQQ said:

Um, I'm an immigrant too, careful where you jump to when you jump to conclusions. All I did was point out something you posted that supports a common argument people give - you totally said in your own words that you would need to hire someone if the grandparents aren't here to babysit. Clearly, it hit a major nerve to spur such a rant.  Best of luck with the parents' visitor visas, I'm sure you now know how to tell them exactly what to say in the interview. 

Yea sorry - the statement felt like it was specifically expressing that viewpoint, since it didn't say anything like that's how the government would see it, etc. And the second part was by no means directed at you specifically - just this site in general. I've been reading a lot of comments on posts lately that feel very anti-immigrant and it's disappointing. One would think this is a safe space where you can find like-minded individuals supportive of all immigrants, but that is my naivety.

 

This whole process is just beyond frustrating when we are trying to start our family and just want the OPTION of my husband's family to come spend time with us. The fact that my child's grandparents and family members who are such a huge part of my husband's life may not be able to be part of our child's life if we are living in the US is just a really heartbreaking concept to grasp. 

 

Also... pregnancy hormones. 😣


The Dalai Lama, when asked what surprised him most about humanity, answered "Man.... Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived."

- The Dalai Lama

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1 minute ago, KozmicBlues said:

YThe fact that my child's grandparents and family members who are such a huge part of my husband's life may not be able to be part of our child's life if we are living in the US is just a really heartbreaking concept to grasp. 

 

 

I totally get that, as does probably just about everyone else on this board, unfortunately that is the choice we all make when we choose to emigrate. It was a clear choice for us as we already had kids when we left, it seems people who leave when they are younger don't necessarily see all the ramifications of their choice to emigrate. Trust me, it gets harder when the grandparents are too old to travel.

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