SimAsh

Hey Everyone, I have a sample "invitation letter" that I used when we had my wife's mother/father went through the vistior visa in past. My question is, is it ok to use same letter that I used for them.

**************************************************************************************************************

Jane Doe

2978 Vineyard St.

Dougsville, FL 35806

August 25, 2014

John Doe

16 Tulsi Vila

Gnadhinagar, Gujarat 384002

Sub: Invitation to visit USA

Dear David:

I would like to invite you to the United States of America to stay with us for three months. It would be very nice to have you with us. During your course of stay, we would visit various tourist places in the USA such as Chattanooga, Chicago, Disney World, and Washington DC.

During your stay in the United States, I will bear all your responsibilities including, but not limited to, financial responsibilities, return air ticket fare to travel from INDIA to USA and back, travel expenses within USA, medical insurance, housing and food. You will stay with me in my house located at the above mentioned address.

During your stay here, you will also get an opportunity to see and experience western culture, meet different kinds of people and a different variety of food. You will also enjoy the nice weather and nice city I live in.

We are excited to having you with us. So, please begin planning for the trip. I am eagerly waiting for you to visit me.

Yours lovingly,

Mike & Marry Smith

*********************************************************************************

Does the above letter sounds professional or do I need any editing?

Does anyone know how or what chances he may have in coming to see us? (We have two kids that would love to see his/her uncle, should I put that in letter or no?)

I will prepare the same package (I134, Sponsor Letter, Employment Letter, last three years tax return, etc.) that I did for my wife's mother/father, is there anything different I should do for him?

Again I really appreicate VJ member.

Thank you,

SimAsh

The visitor visas are about the applicants. A letter from your employer has zero value.

The best advice is for your parents to show why they would return to India after a brief visit to the US. Do not load the applications with why they want to visit the US and the wonderful people who could adjust and sponsor them for green cards.

The visitor visa applications should focus on your parents. You should not provide too much info about you.

Thanks aaron. We will be applying for their permenant visa once my wife becomes USC. But that is still probaby year away so we thought we might have them try visitor visa just so they can come and see the States. I thought since we are going to be visiting Disney World and couple of other places it might help but I see your point. Thanks

Hey all, my wife and I want to invite her parents to visit us in states. My wife is house wife and I work full time for defense contractor. We have been thinking about taking some time off my work in October and going to Disney World, New York and Tennessee. So, we were thinking we can have her parents come with us on this mini vacation and they also get to see their grandson, who will be 2 year in August. My MIL is teacher in India and my FIL is retired from work. My MIL have tried for visitor visa once before but they rejected her request. My wife will have her three year anniversary in November but we don't want to wait till she becomes citizen and then another year before they will be here. We were wondering if you all have any advice on what different I should do from last time or anything.... I was also wondering if I should prepare a letter from my employer showing that I have got that time as approved time off from employer to go on vacation and may be trip plan. any ideas/advice?

Thanks, That's exactly what I didn't want to do. Have them receive too early (and even if it's one day early I know they will probably reject if they want it to...)and end-up wasting another week or so just by sending one day early. I called the USICS office and spoke to three different agents and some reason they just counting 26th to 26th (From Nov-26th to Oct 26th and so on...)and not realizing two extra days (Augst & October being 31 days month). But I know if it gets rejected I can't blame no-one but myself for not doing my homework and not being patient enough. Also, I was going to mail FedEx but since it's P O Box FedEx told me it had to be mailed via US Postal. So, I used 2-3 days Priority Mail knowing that they will not have it till 29th or 30th and that will be in 90 days window by than. Thanks!

90 days before 11/26 is the 28th. So it had better not be received before that date. Wait a day or two. No need to cut it so close to risk having it rejected for arriving early. You have a three day weekend coming up so it will be an extra few days to be processed anyway. I would shoot for the 30th if it was me.

Good luck,

Dave

Thanks, That's exactly what I didn't want to do. Have them receive too early (and even if it's one day early I know they will probably reject if they want to...)and waste another week just for sending one day early. I called the USICS office and spoke to three different agents and some reason they just counting (Augst & October being 31 days month)26th to 26th (From Nov-26th to Oct 26th and so on...)and not realizing two extra days but I know if it comes back I can't blame it on one but myself for not doing my homework and being too patient. Also, I was going to mail FedEx but since it's P O Box I FedEx told me it had to mailed via US Postal mail. And I did 2-3 days priority mail so they will not have it till 29th or 30th so I will be in 90 days window by than. Thank you!

I am mailing our I-751 form today and had couple of quetions:

Our PR/Green Card expires on 11/26/2012, is it ok to Mail today?

Is it OK to FedEx? I am in Alabama so I am mailing to following address:

USCIS Vermont Service Center

75 Lower Welden Street

P. O. Box 200

St. Albans, VT 05479-0001

Thanks,

SimAsh

I don't see a problem if she returns before her conditional card expires. Her card is 100% valid until it expires, NOA or no NOA. However, she better be in town when she is scheduled for biometrics (generally, about a month after the ROC package is received by USCIS).

They are planning (wife and baby) to travel abroad next month and I will join them there in Dec. We will all return in Jan13. Card expires on NOv-26. Most likely she is not going to be here in town when we receive the biometric appt letter either. I am going to have to reschedule that also.

Will she be returning to the U.S. BEFORE her green card actually expires?

No her card expires on 11/26 and we will not be back till Jan 7th. When we called the USCIS the rep on the phone said as long as we take the latter with us that we will receive from USCIS (the one we have sent for the renewing process...NOA)than we are ok to travel.

Hello my wife has her PR card expiring on 11/26/12, so I am going to sent the I-751 after Aug-26 (in 90 days anniversary window). My wife and son is traveling abroad on sep-17th. Do they need to wait till we receive the NOA before they leave the country to go abroad? I understand that they will ask for the the letter when they are entering back in country. I am planning to go abroad later this year and we all will be traveling back together. So, I was thinking I can take the NOA letter with me when I go because we all are traveling back together. However, I heard different from friend that I should have my wife wait till we get the NOA from USCIS for I-751 before she leaves country. Because she is saying that US Immigration/Custom officer might question that why did you leave the country before you received the NOA? I already booked their ticket not knowing this. If you are not allowed to leave the country until you receive the NOA than I will just have to change their ticket departing date but I just want to make sure this. Thanks for any help.

She will be able to if/when she becomes a US Citizen

Thanks! Somereason I really thought you can do this. TOo bad. Thank you all

no problem. if you read again, only USC children can file for parents. she has to become a US Citizen first. residents cannot file for parents, siblings or married children.

Dumer...thanks! I thought they can still file and when they become USC the file gets rolled over to USC status. But I assume that only works for husband and wife?

Thanks again

hi,

you can't file for your in laws, only USC children can file for their own parents. when she becomes a USC, she can file separatly for each parent.

I mean my wife will be filing but I will be doing the processing part . I agree I can not file for her parents. But she is green card holder so can green card holder file for their parents (that's what I am I asking...sorry for any confusion)?

Thanks

Hi All, it's been little while since I have been here. Hope everyone is doing well. Obviously I am here because I have question and I have to rescue from my fellow VJers. I am thinking about filing paper-works for my in-laws and that have raised some questions in my curious mind. My wife came in here in NOV-2010 and I am US citizen. So, she will become US citizen in three years, that will be NOV 2013 . So, should I wait till she becomes US citizen or go ahead and file paper-works for my in-laws to come her as permanent resident? They (only my Mother-in-law) tried for visitor visa for twice but she was denied. Thanks!

Hey,

Congratulations on the birth of your baby boy!

Honestly, if your MIL was denied twice alone, then the chances of both of them together are quite slim. She needs to focus on HER ties, for example, her husband staying back is a strong tie, that she has another child, (any other grand kids?), any property in her name, cars, bank accounts, electricity bills, etc. She needs to say she is coming to see her new born grandson for the first time and visit her daughter and son-in-law, whom she hasn't seen in a while. Nothing about 'helping' or 'supporting' or 'providing' child-care. COs often assume that the elderly parent is coming in to basically provide free baby-sitting services.

Her elderly in-laws are not much of evidence of strong ties. Also, six months off from work just sounds wrong. If you can take 6 months off from work, do you really need that job? Are you really going to come back to it? Do you know ANYONE who'd be able to take 6 months off from any 'real' job?

Do you see what I am saying? This is how the CO looks at it. 4-5 weeks is much more normal, especially during the Christmas vacations when it is conceivable she'd have some time off as a school teacher.

Of course, it doesn't hurt to try. It's only $131 a pop. Good luck and keep us posted.

As a context to my previous post, here's a review of my experiences with the B2.

My mom and I had a B-2 denial in 1997. Despite overwhelming evidence. We have a house, two cars, entire family in India, bank accounts, her own successful business, tax returns, etc. I had a letter from my school that I was expected back in class at the end of the summer vacation on such and such date. When my mother asked, 'what if her old parents stood as guarantors, and signed a bond that said she would return,' the CO laughed and said, 'what if they die while you're in the U.S? Are we gonna be able to take them to court?' So, yeah, denied. Why? My father had a 10-year US visa and was in the States at that time and we wanted to join him for a vacation. You know, the touristy stuff. Disneyland. Statue of Liberty. Las Vegas.

Anyway, we ended up touring Europe that summer.

In 1999, we applied again for the B-2. Took exactly the same amount of evidence. Evidence of my mom's business, property deeds, etc. Including the passport that now had a U.K and Schegen visa and the fact that we came back from those trips. Approved after ONE question. 'Where is your husband?' 'In Calcutta for the summer. He has to assist his colleagues on a research project.' (My dad was an assistant professor at a government college at that time.) My uncle who has had a B1 since the early 80s had no trouble securing B-2s for his kids (my two cousins) and his wife (my aunt who had visited the U.S. as a teenager). So the six of us came to the U.S. in 1999 and enjoyed our 4 week stay here.

Hi sachinky - thanks yes he is been fun and keeps us busy all the time now. So you don't think we should even consider applying visa for both instead of just her? Because, we really want them to come here and just check out some places (like you said statue of liberty, Disney...)in States and of course visit us. I see what you mean by taking vacation for six months instead of 4-5 weeks. Yes, we were thinking about to try around Christmas timezone. Interesting story about your visitor visa story. COs are very insensitive and they can only think from LAWs perspective but it's always the few bed apple that makes the whole basket bad (you know what I mean...just because one person did something wrong everyone else has to pay the price for it). Thank you for taking the time to reply on my post. Take care

The reason is usually because the applicant hasn't overcome the 'intent to immigrate' presumption.

Elder in-laws are really not considered to be strong evidence of ties, but what about your FIL? Is he alive? Does she have a house in her name? Any other kids apart from your wife? Money in the bank?

Hi Sachinky, hope all is going well for you. Opening back up the case/thread :-). We are considering to try visitor/tourist visa for both of my in-laws this time. Hope this helps to convince Embassy that they are not coming here to reside after their official stay.

going back to your earlier question here yes my FIL has two houses on his name their. He is retired and getting pension from his job. He has just recently retired may be a year or so. He has one son and my wife. They have money in bank and we can show that also to Embassy.

What other evidence would help us to make this case strong? Thanks

All, I have bad news to share my MIL tried visitor visa twice and they rejected her both time. The lady told her that we had enough people from my side of the family and she did not needed to go there. My In-Laws had hired immigration agent that did all the paper works for them and in that he showed the reason that my MIL was going there to be with my wife and support her during the pregnancy. I did not see the comment here from Jojo92122 and now it's too late. Thanks Jojo and I should have told them before hand but got really busy here at work and forgot to tell them this main reason.

So, here I am again hope that VJ can come to my rescue.

Does the embassy keeps your previous file (etc. reason for visa....), what I am going with is that can I have both of them try now for tourist visa and not mention anything about her daughter's pregnancy. Also, is it up to you what embassy you want go for your interview or that is based on your resident location (state you reside in)? What other avenues that we have so they can see the birth of their grandchild? Thank you so much all for sharing your knowledge and experience. Love

Hi all, we had handsome boy who is going to be six week young tomorrow. We really like to invite my in-laws here in States to visit grand baby. Since my Mother-In-Law(MIL) was rejected twice before for visitor/tourist visa here as you can see my comment above. So, is it OK if this time we tried for both of my in-laws to come here to see their grandson and visit their daughter and son-in-law? They also have other relatives that stays here in States if that helps any to convince Embassy that they are not coming here to stay. Also, what other supporting documents that I should get from them that shows that they will go back to their home country? Just FYI my MIL is school teacher in India and my FIL is retired from work. Thank you so much to all VJ members around the world to sharing their knowledge and experience.

to come see

Your timeline is non-sequential. How did the petitioner submit documents to NVC in August, 2010, when the petitioner died in May of the same year? Did somebody sign the petitioner's name on the I-864?

As Penguin stated, the petition dies when the petitioner dies. The consulate obviously already knows the petitioner is dead or they never would have asked that question. They only reason they're asking for evidence is for the rare chance that their records are wrong, and the person who died is someone else with the same name or similar SSN.

Whether the petitioner is alive or dead is definitely a material fact that would affect the approval of the visa. Lying about a material fact has severe consequences. Unless the consulate is willing to believe this was an honest mistake then she may be banned from the US for life.

There is a remote chance of resurrecting the petition and getting the visa, but she first needs to convince the consulate that she didn't intentionally lie about the fact that the petitioner was dead. She needs to admit to the consulate that the petitioner is dead, and request they return the petition to USCIS. When USCIS gets the petition then she can submit a request for humanitarian reinstatement, along with an affidavit of support from a qualifying relative who will serve as a substitute sponsor. Humanitarian reinstatement is a little complicated, and outside the realm of do-it-yourself for most people. A good immigration lawyer would be a wise investment.

Hi JimVaPhuong thanks so much for taking time to share your knowledge with me. OK this is what beneficiary told me, NVC (or USCIS) sent request to petitioner's address in US requesting some original documents instead of copy that was submitted. Next, petitioner (actually care taker because petitioner at this stage was basically in bad health) either overlooked his mail or was under stress (and obviously we know in May Petitioner died) and did not sent the requested documents back to NVC till August 2010. So, I think that is the reason for time line being off.

So, like you mentioned I think my best bet would be to higher immigration lawyer for them and wish for the best.

Thanks again for your advice.

OP - you do realize Social Security Administration (SSA) publishes the SSNs of deceased persons in readily accessible data base? I believe it highly likely for DOS to access the database and run their checks there as well.

Thanks, milimelo. Yes, the petitioner is dead but beneficiaries other relative member should have told her or should have educated little bit. But that is the problem that they were not on the same page. I am just trying to help them to get some answers. Thanks again

You're saying she didn't understand the question "Is your mother dead or alive?" It's not a complicated question. She lied deliberately.

I was not there at the time of the interview and the visa process/interviewer does not make this easier for beneficiaries either. May be it's easy for you because you are in England. I am not here to decide if she LIED or not. If she did than she will not get visa and that should be the judgment.

She was asked to bring a picture of the mother holding a current ( todays) newpaper ,how can she do this ? Without the evidence they ask for the visa will not be granted and they will now found out she lied about the mom ( they may already know she died from social security death records ) There is some exception for petitions approved and waiting a visa numner before the petitioner dies to have a substitue sponor but her lying may have cut that off.

Thanks, Nigeriaorbust. Yes, it is not possible to provide her picture readying newspaper because she/petitioner is not here to read the paper. However since this was honest mistake and she is admitting to it can they talk to someone like attorney and explain in professional manner? Are you saying they can still migrate considering there is some exception, what are the exceptions? Thanks again

Hello VJ members, hope all is going well for everyone...need some answers...I have a family member who was coming here on green card file but the petitioner died before his interview date. She just recently had interview and they asked her if her mom was live or deceased and she said LIVE. Even-though she was deceased in May 2010. She said she didn't understood the question and she was little bit nervous. (The file is for whole family mom, dad and son).

***August 2001 Priority Date

***Dec 2009 file was opened

***Feb 2010 (NVC/USCIS requested some original documents)

***Aug 2010 documents sent (Documents were sent late because petitioner overlooked the letter from NVC)

***May 2010 petitioner was deceased

***OCT 2010 NVC case completed

***AUG 2011 Interview at embassy

The interviewer asked them to mail picture of her mother/petitioner reading newspaper or something. Her tax return for last couple year 2009 & 2010. She was getting social security from government and had not filed tax return (I thought you still have to file tax return even if you are getting tax return) and one other thing but that's just for not enough affidavit of support and I am sure that can be fixed from other family member's support from States.

Interviewer also asked them some other questions regarding their green card form on where to send it or something like that. They told them to just submit above documents at the closet VFS office and their passport and they will mail their visa.

So, there goes everything I know. My question is does the file gets CLOSED after the petitioner gets deceased? Does this mean petitioner's (mother) daughter and her family can not migrate here?

Any advice or suggestion would be appreciated....Thanks

Yes, absolutely. Every denial goes on file. She will need really strong ties to overcome two previous denials. Unless her circumstances change, don't expect a different result.

Sachinsky, so they don't have to have any reason two deny why? She is junior high teacher in India, so she submitted leave documents from her work stating that she has approved 6 months of leave from her work and she has elder in-laws in India that she has to come back to take care of them. So, if you don't call these over whelming evidence than what? My MIL said the lady did not look at those other documents either. I hate these embassy people. Can you not appeal or anything? Thank you all and Sachinsky for your honest opinion

OP, you can forget about the visitor visa idea for your in laws, it's not going to happen.. you can have her try 100 times, the outcome will be the same.

Export of Dhaka, why would you that?

Can anyone tell me what 214(b) Act is about. Based on what I read on Mumbai Consulate's website, it sounds to me that applicant should be able to convince or prove the following things to the consulate officer in order them to consider you for visa:

The consular officer must be convinced that the applicant:

1. Has a home outside the United States that he or she will not abandon;

2. Is visiting the United States temporarily and will leave when the stated purpose of travel is complete;

3. Is able to pay for the trip; and

4. Meets the requirements of the visa type for which he or she is applying.

Source: http://mumbai.usconsulate.gov/214b-refusal.html

With all this said should I put file together with all this (above stated criteria) and have them re-apply for tourist visa?

Please, advice what should I do. Thanks

Yes they keep the file and yes it is base don where you reside. You could of course move, and sometimes one consulate is easier than another, but the file would go with you.

I know you want her there is person, but have you considered webcames/ skype? One of the ladies in my hospital birthing class was Indian, her family also couldn't get visas, and they set up live web cam in the delivery room.

Thank you Penguin. Yes, I am not in her shoes but she would really feel comfortable if her mom was with her. We might have to just use web-cam like you said.