How to bring Brother in Law From Peru who is a Minor

[DCVA 0]

Greetings to all. I am a U.S Citizen who married a Peruvian female based on a K-1 Visa in 2010. The whole process went smoothly for us and very soon she will be sending her I-751 to get her conditions removed.

My question has to do with my wife's brother who is 13 years old. My wife and he miss each other a lot. I thought the tourist visa was the best choice because he is 13 years old and there is no risk for him overstaying here in the U.S because if he would come here it would be on his summer vacation. They both have the same mom and dad but they were never married (the dad is still legally married to another woman and has 2 adult kids with her and he also has 2 other kids with other women) but were living together for over 25 years. They no longer live together and my brother in law lives with his mom. My mother in law paid all the fees and did the necessary paperwork to apply for the tourist visa just for my brother in law. When she went to the interview with my brother in law they asked her a few questions and the visa was rejected. As you can imagine he was heartbroken that he was rejected. My mother in law does not have debt and I believe he was rejected because my father in law has a lot of debt. I wanted to know if there is anything I can do to bring him here. I would not have a problem assuming any and all responsibility for him nor would it bother me if I have to sign an affidavit of support because my wife and I are doing well money wise. He is a good kid who gets good grades and is just looking to see his sister more than once a year. I am going to Peru in June and was wondering if I could do anything while I am there to help his cause. Any advice would be appreciated. Thanks!

[aaron2020 11,651]

There is nothing anyone can do to help. All he can do I try again.

A visitor visa denial cannot be appealed. And no one can sponsor someone for a visitor visa. And no one can guarantee a visitor will leave the US.

Sorry.

[Noah Lot 387]

Greetings to all. I am a U.S Citizen who married a Peruvian female based on a K-1 Visa in 2010. The whole process went smoothly for us and very soon she will be sending her I-751 to get her conditions removed.

My question has to do with my wife's brother who is 13 years old. My wife and he miss each other a lot. I thought the tourist visa was the best choice because he is 13 years old and there is no risk for him overstaying here in the U.S because if he would come here it would be on his summer vacation. They both have the same mom and dad but they were never married (the dad is still legally married to another woman and has 2 adult kids with her and he also has 2 other kids with other women) but were living together for over 25 years. They no longer live together and my brother in law lives with his mom. My mother in law paid all the fees and did the necessary paperwork to apply for the tourist visa just for my brother in law. When she went to the interview with my brother in law they asked her a few questions and the visa was rejected. As you can imagine he was heartbroken that he was rejected. My mother in law does not have debt and I believe he was rejected because my father in law has a lot of debt. I wanted to know if there is anything I can do to bring him here. I would not have a problem assuming any and all responsibility for him nor would it bother me if I have to sign an affidavit of support because my wife and I are doing well money wise. He is a good kid who gets good grades and is just looking to see his sister more than once a year. I am going to Peru in June and was wondering if I could do anything while I am there to help his cause. Any advice would be appreciated. Thanks!

You cannot do anything...you cannot guarantee his return, you have no legal authority over him (no matter where he is), you cannot 'assume responsibility' over him by merely saying so...minor children normally qualify through their parents...if their parents are visa holders or are considered eligible, then a minor could get a visa....but invites from other relatives do not pass on any sort of responsibility, etc to that child.

Showing up at the embassy and trying to 'demand' a visa or trying to talk a VO into granting a visa will be about as successful as trying to stop a train by blowing on the windshield.

[DCVA 0]

Well that makes me SOL. Would it be better if my mother in law applies for a tourist visa with my borther in law at the same time?

[Noah Lot 387]

Well that makes me SOL. Would it be better if my mother in law applies for a tourist visa with my borther in law at the same time?

maybe...but here is something to think about....all too often from many developing countries, people send their children to relatives in the US....never to return, and to stick them in public school at my expense...now this does not happen every time...but it happens a lot...

[aaron2020 11,651]

Well that makes me SOL. Would it be better if my mother in law applies for a tourist visa with my borther in law at the same time?

All visitor visa applicants are presumed to have the intent to illegally immigrate to the US; i.e., not return home if granted a visitor visa. The burden is on the applicant to show strong ties to his/her home country to overcome the presumption of illegal immigration.

While the reason for coming to the US is considered during the application, the US Embassy is more interested in the reasons the applicant has to go home.

Your brother in law probably got denied for not demonstrating strong ties to overcome the presumption he will not leave the US after his visit. His mother traveling with him does not show stronger ties to Peru. She's another reason for him to stay in the US because he would have the support of his mother who presumably would stay illegally in the US with him.

However, sometimes people will reapply for a visitor visa without any changes and get approved. The process is imperfect because it rely on the discretion of the visa officer. Your brother in law may get lucky the second time around with a different and more generous visa officer.

[DCVA 0]

All visitor visa applicants are presumed to have the intent to illegally immigrate to the US; i.e., not return home if granted a visitor visa. The burden is on the applicant to show strong ties to his/her home country to overcome the presumption of illegal immigration.

While the reason for coming to the US is considered during the application, the US Embassy is more interested in the reasons the applicant has to go home.

Your brother in law probably got denied for not demonstrating strong ties to overcome the presumption he will not leave the US after his visit. His mother traveling with him does not show stronger ties to Peru. She's another reason for him to stay in the US because he would have the support of his mother who presumably would stay illegally in the US with him.

However, sometimes people will reapply for a visitor visa without any changes and get approved. The process is imperfect because it rely on the discretion of the visa officer. Your brother in law may get lucky the second time around with a different and more generous visa officer.

I would think that his age would be enough of a reason for him to go back home because he is only 13. But I think it does depend on the visa officer. When my wife went in for her k-1 interview they asked like 4 questions and she showed them a few pictures and the officer told her welcome to the US

[aaron2020 11,651]

I would think that his age would be enough of a reason for him to go back home because he is only 13. But I think it does depend on the visa officer. When my wife went in for her k-1 interview they asked like 4 questions and she showed them a few pictures and the officer told her welcome to the US

His age is not enough of a reason for him to go back because he is only 13. If you read through this board, you will find a good number of children who overstayed their visitor visas.

It's not uncommon for parents to send a 13 years old child to the US on a visitor visa to live with a US relative. It happens because a free US education and living in the US with a caring sister may be a better alternative than growing up at home.

-------------

Your fiancee had a valid relationship to a US citizen that allowed her to come and remain in the US after marriage.

Your brother in law does not have a valid relationship that allows him to remain in the US. You cannot compare his situation to your wife because they are in very different immigration positions.

Edited April 26, 2012 by aaron2020

[Boiler 43,668]

I am going to Peru in June

Take your Wife with you.

[aaron2020 11,651]

I applaud you and your family for taking the time to figure out the right and legal way to bring your brother in law to the US for a visit. This post about why it is so hard for a Peruvian to obtain a visitor visa.

When a Peruvian abuses his/her visitor visa by overstaying, it affects future visitor visa applicants.

When a Peruvian lies to obtain the visa and stay illegally in the US, the US Embassy has one more reason to believe a Peruvian will return home if granted a visitor visa.

Your brother in law can blame his fellow Peruvians who abuse their visitor visas as a reason why he was denied a visitor visa. Peruvian like this who don't care about breaking US immigration laws, who don't seem to care about getting arrested and deported, and who ultimately think they will get away with breaking the law because they have a friend who was not caught; http://www.visajourney.com/forums/topic/363745-plsss-help-nvc-case-complicated/page__p__5333846__fromsearch__1#entry5333846

It makes it harder for the US Embassy to grant visitor visas when people similarly situation like your brother in law when his fellow Peruvians are abusing their visitor visas.

[ginmartini 0]

I can sympathize with your situation. I am Peruvian and live here with my husband. I love being here, but I miss my family a lot (haven't had a chance to go in last couple of years). My sister has applied to get the visitor visa TWICE since I came here and has been denied both times. Even in her case I would presume she has more than enough reasons to go back to Peru, since she's married to a Navy guy and all her assets and property are there. She applied by herself both times and was denied. You can't ask why, all you can do is wait and try again (and pay, of course). So yes, I blame all the Peruvian people who came here and overstayed, for denying the opportunity to come here for a couple months and visit me. Shame on them.

I hope next time your brother-in-law applies, he gets it. I can see how painful this must be for your wife.

[K & J 17]

When a minor applied, the Consulate check the parent's financial situation. Depending on the age of the minor, they will also look at his intend to immigrate. When I was 6, I got a US tourist visa for 5 years. When I was 11, they gave me another 5 years. When I was 16, the only gave me a visa for 6 months. I was horrified but they did how my life was going to be as an adult and I guess they did not want to take a chance. At 21 I applied again and the Consulate gave me a 10-year tourist visa.

At 13, they are looking at the parents. I highly doubt that the father's debts were checked (although in Peru anybody can do a debt check on another person). What I am going to tell you might sound awful but it is the pure and simple truth. There are 2 basic questions that, if answered properly, will give you a visa almost automatically: 1) Where do you live? (what district -- Lima has like 60 but only 8 or 9 are visa material), 2) Where do/did you study? (public school? Forget about it. Private school? Probably 40 out of the 100s in the city. College? Better be prestigious).

You mentioned that your MIL does not have debt, but does she have assets, a good income, etc?