URGENT - I am on H1. My in laws are applying for a visitor visa to visit us.

A

appusheth

Registered Users (C)
I am on H1 in US. My spouse on H4.

We are preparing for inviting my in laws here for a month or two - for family visit and tourism.

Ques 36 in DS 156 asks if anyone has filed immigration petition on the applicants behalf. My father in law's real sister is US citizen and she filed for their them and the entire family (incl my wife) in 2003.

However, when my spouse applied for her H4 in 2008 she did not know this and she said NO as an answer to that question. She got thru and got her visas.

Now what should my in laws write?

If they write Yes, I have two questions -
Will they get the visas? They have a huge flourishing business in India and they have enough documents to prove they will return. This is not a big concern for me.

MY BIG CONCERN IS - if they write Yes and if the consulate finds out from my wife's application (made earlier) that she (accidentally) wrote NO to that question then will my wife's position be in jeopardy here?

If they write No what happens? What are the chances that the consulate can discover that their papers are filed indeed?

I mean, how do I deal with this now??? This is a two sided sword now.
 
First-of-all, you have to be always truthful on all immigration related forms. Fraud and/or misrepresentation that was committed even inadvertently has a devastating effect, which can be permanent. This applies to previously approved petitions too, i.e., the approval can be revoked.

Your Spouse's history is different from your in-laws history. In your in-laws' case, they have clearly expressed immigrant intent and now wish to you apply for a B-2 tourist visa, wherein the fundamental check by the consular post is to verify if the applicant has non-immigrant intent. There is a reasonable likelihood that the consular officer will check your in-laws' history and if it is found that they applied for Green Card earlier, there is a very strong likelihood that the current tourist visa is going to be denied.

In your spouse's case, an argument may be established to prove that you have genuinely overlooked that question. I don't think the consular officer will have time or interest to dig the history of each and every petition corresponding to your Spouse, particularly because your Spouse is not the current applicant.
 
Your wife's aunt has sponsored her brother, not her niece. So your wife answered correctly.

appusheth said:
Ques 36 in DS 156 asks if anyone has filed immigration petition on the applicants behalf. My father in law's real sister is US citizen and she filed for their them and the entire family (incl my wife) in 2003.
However, when my spouse applied for her H4 in 2008 she did not know this and she said NO as an answer to that question.
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The need to answer yes.

appusheth said:
Now what should my in laws write?
Click to expand...
 
http://www.uscis.gov/files/article/A1_english_v 2.pdf

Note that derivative children are unmarried under 21.

Aunt cannot sponsor niece or nephew.

If inlaws were to get LPR they cannot sponsor married child; only US citizen can sponsor married child.

Since your wife could not benefit from her aunts petition if the petition was filed after you married or your wife was older than 21, the answer to whether petition was ever filed is no. Your post did not provide enough info to determine if she fit in this category.
 
Triple Citizen said:
The aunt is sponsoring her brother and the spouse and children of the brother enjoy derivative status.
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Hi Triple Citizen & Others,

Thank you for your help. One quick question - father in law sister can sponsor her brother. And mother in law and children (only if under 21) enjoy derivative status. So if my mother in law is going for an interview with my father in law then what does the mother in law say? Technically, has the father in law's sister filed for her mother in law also?

In simple terms - Should mother in law say YES for filed petition in this case? Father in law will definitely answer yes.
 
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