Venezuela - Mother in Law Tourist Visa

[agualimpia 1]

Hello,

 

My wife and I want to help my mother in law apply for a tourist visa. She lives in Venezuela, and we know she has to do all the paperwork from Colombia. All that is fine.

 

My wife can't travel to see her because we are going through the adjustment of status process at this time, and she is currently in removal proceedings from an asylum interview.

 

Anyways, my MIL's passport will expire before her visa appointment which would be more than two years in the future.

 

Question:

Can we apply and pay the fee using her current passport number, renew the passport (which would change that number), and eventually report to the interview with that new passport? or do we have to renew the passport first and then apply?

 

Thank you!

[Boiler 43,433]

Normally I would say why not have a go, not a lot to loose.

 

But in this case throwing money away.

Edited October 29, 2021 by Boiler

[agualimpia 1]

4 minutes ago, Boiler said:

Normally I would say why not have a go, not a lot to loose.

 

But in this case throwing money away.

 

To be honest, is not even about the money. The fee is $160 and while I'm not rich, I don't mind risking that.

What I would hate to happen is show up in 2+ years and have her application rejected because a passport was renewed after the application was submitted. 2+ years is such a long time.

[Boiler 43,433]

The passport is a non issue.

[SusieQQQ 11,584]

Agree the passport expiry/new passport is not an issue

 

we occasionally see denials based on what close family members have done in the US, so the fact that your wife has been placed in removal proceedings (even if you are successful overcoming that), or rather the factors that led to her being placed in removal proceedings (that is: presumably an overstay of a tourist or other non immigrant visa), is likely to be a negative for the mother’s application. 

[agualimpia 1]

2 minutes ago, SusieQQQ said:

Agree the passport expiry/new passport is not an issue

 

we occasionally see denials based on what close family members have done in the US, so the fact that your wife has been placed in removal proceedings (even if you are successful overcoming that), or rather the factors that led to her being placed in removal proceedings (that is: presumably an overstay of a tourist or other non immigrant visa), is likely to be a negative for the mother’s application. 

So we can apply with current passport and show up to the interview 2 years or so from now with new passport. 

We honestly expect your point to come up, but it's worth a shot. We hope for her to have her green card by then, and hopefully we can show that my MIL doesn't have an intent to overstay her visa. (She still have children in venezuela, properties she owns, etc), but to us, for $160 is a risk worth taking.

 

We wanted to know if we could save those months of time and apply right away or if we had to renew the passport first, as it'll expire in around 8 months.

[Boiler 43,433]

7 minutes ago, SusieQQQ said:

Agree the passport expiry/new passport is not an issue

 

we occasionally see denials based on what close family members have done in the US, so the fact that your wife has been placed in removal proceedings (even if you are successful overcoming that), or rather the factors that led to her being placed in removal proceedings (that is: presumably an overstay of a tourist or other non immigrant visa), is likely to be a negative for the mother’s application. 

She is in removal proceedings following an asylum claim.

 

[SusieQQQ 11,584]

10 minutes ago, agualimpia said:

So we can apply with current passport and show up to the interview 2 years or so from now with new passport. 

We honestly expect your point to come up, but it's worth a shot. We hope for her to have her green card by then, and hopefully we can show that my MIL doesn't have an intent to overstay her visa. (She still have children in venezuela, properties she owns, etc), but to us, for $160 is a risk worth taking.

 

We wanted to know if we could save those months of time and apply right away or if we had to renew the passport first, as it'll expire in around 8 months.

If the MRV fee is still going to be valid (it is usually valid a year but I know most embassies are extending) you may as well try.

 

Fwiw I don’t think your wife having a green card then will help. I would expect the thinking of the CO to be something like (note I’m not giving my own view on your case, just presenting the way it might look to a CO) : “the daughter was ok with overstaying until she found a way to be legal, and now that she has a green card she can naturalize in x years, and they may be thinking that the mom can just overstay too until the daughter is a citizen and able to sponsor the mom”. 

[SusieQQQ 11,584]

12 minutes ago, Boiler said:

She is in removal proceedings following an asylum claim.

 

Most people apply for asylum after entering the country on a non immigrant visa.( If anything it makes the mom’s case more shaky, “maybe she will try the same thing”. )

Edited October 29, 2021 by SusieQQQ

[agualimpia 1]

1 minute ago, SusieQQQ said:

If the MRV fee is still going to be valid (it is usually valid a year but I know most embassies are extending) you may as well try.

 

Fwiw I don’t think your wife having a green card then will help. I would expect the thinking of the CO to be something like (note I’m not giving my own view on your case, just presenting the way it might look to a CO) : “the daughter was ok with overstaying until she found a way to be legal, and now that she has a green card she can naturalize in x years, and they may be thinking that the mom can just overstay too until the daughter is a citizen and able to sponsor the mom”. 

oh absolutely, I don't expect it to help. Just like you, I also think this is a long shot. But for the price I want to take that shot. I just wanted to see if the rules allowed for a passport to be renewed while the application was pending. That would save us at least 6 months.

[SusieQQQ 11,584]

7 minutes ago, agualimpia said:

oh absolutely, I don't expect it to help. Just like you, I also think this is a long shot. But for the price I want to take that shot. I just wanted to see if the rules allowed for a passport to be renewed while the application was pending. That would save us at least 6 months.

Yes, the passport being renewed is not a problem.

[SalishSea 16,770]

12 hours ago, agualimpia said:

So we can apply with current passport and show up to the interview 2 years or so from now with new passport. 

We honestly expect your point to come up, but it's worth a shot. We hope for her to have her green card by then, and hopefully we can show that my MIL doesn't have an intent to overstay her visa. (She still have children in venezuela, properties she owns, etc), but to us, for $160 is a risk worth taking.

 

We wanted to know if we could save those months of time and apply right away or if we had to renew the passport first, as it'll expire in around 8 months.

She won't get a B visa with a daughter in removal proceedings and an asylum case.  I'm sure when your wife arrived she also did not intend to overstay/seek asylum either.