Visotor's Visa - Mother

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jamesbrown2009

Registered Users (C)
Sorry, if i posted this in the wrong section. I have tried in the past to invite my mother to come visit my wife and I but someone reason she keeps getting denied. I really wanted to apply for a green card for her but I know she would not stay for long in the US. What can I do? Should I apply for an I-130 or invite her over?

Thanks.

I'm a USC.
 
jamesbrown2009 said:
Sorry, if i posted this in the wrong section. I have tried in the past to invite my mother to come visit my wife and I but someone reason she keeps getting denied. I really wanted to apply for a green card for her but I know she would not stay for long in the US. What can I do? Should I apply for an I-130 or invite her over?

Thanks.

I'm a USC.
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You should post this question in one of the B-visa subforums instead, http://forums.immigration.com/forumdisplay.php?17-B-and-E-Visas
as this forum is not really the right venue.
Presumably your mother's visitor visa application keeps getting denied since on the grounds of insufficient evidence of intent to return to her home country after the visit. So that is what she needs to work on, getting together more evidence of intent to return, such as evidence of homeownership, income, job, other family connections, community ties etc.
I do not recommend filing I-130 for her unless she really intends to immigrate to the U.S. (I assume you are a U.S. citizen, right?)
If she gets a green card but does not come to the U.S. to live here permanently, this will create another set of problems for her. Also, having an I-130 filed on her behalf is likely to torpedo her future tourist visa applications.
 
baikal3 said:
You should post this question in one of the B-visa subforums instead,
as this forum is not really the right venue.
Presumably your mother's visitor visa application keeps getting denied since on the grounds of insufficient evidence of intent to return to her home country after the visit. So that is what she needs to work on, getting together more evidence of intent to return, such as evidence of homeownership, income, job, other family connections, community ties etc.
I do not recommend filing I-130 for her unless she really intends to immigrate to the U.S. (I assume you are a U.S. citizen, right?)
If she gets a green card but does not come to the U.S. to live here permanently, this will create another set of problems for her. Also, having an I-130 filed on her behalf is likely to torpedo her future tourist visa applications.
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Can someone move this post to the right location for me?

My mum is an house wife. Never had anything on her name. How can she show ties with her country?
 
jamesbrown2009 said:
Can someone move this post to the right location for me?

My mum is an house wife. Never had anything on her name. How can she show ties with her country?
Click to expand...

In my first reply I provided you with a link to the B-visa related forums.
Here is a direct link to the subforum on the general B-visa related issues:
http://forums.immigration.com/forumdisplay.php?184-General-B-Visa-and-Related-Issues
Click on this link and post your question there, in exactly the same way as you posted it here. I don't believe that you are so helpless that you can't post your question in that forum yourself.

Regarding the substance of your questions about difficulties in getting a B-visa, I don't have any direct experience here myself so I can't give much in terms of specific advice. I believe there do exist procedures for appealing visa denials. If you think that the denials are getting unreasonable, you can also contact your local members of Congress (the two U.S. Senators for your state and the member of the U.S. House of Representatives for the area where you live) and ask them for help; they have staff experienced in dealing with these kinds of requests from constituents. However, you do need to remember that in relation to temporary visa applications there is a presumption of guilt, so to speak, on behalf of the applicant. That is, by law, there is a presumption that the applicant intends to come here permanently and the burden is on the applicant to overcome that presumption and to prove that he/she actually intends to return. In some cases it may be practically impossible to do that; the law is not fair but that is the way it is.
If your mom is a house-wife, presumably she lives in a house owned by her husband, right? Having property and family connections in the home country is the sort of thing that they are looking for, if she can properly document it. Then there are things like community ties - participation in local church, volunteer and other community groups, etc (again, this stuff can be documented, at least with affidavits from individual people involved in such groups). You and your mom would have to be pro-active here and treat this issue as a practical problem, research the problem carefully (that's what internet is for) and figure out possible solutions. Acting helpless is not going to work. Ultimately, if she is unable to provide convincing evidence of ties to her home country, she simply would not be able to get a visitor's visa, ever. From the point of view of the law and of the consular officials, the inability to get proper supporting documentation is her problem, not theirs, and if she can't solve it, tough luck.

------
Oops, I see that somebody has already moved the entire thread to the right forum. Hopefully, you'll get more substantive answers here.
 
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jamesbrown2009 said:
Can someone move this post to the right location for me?

My mum is an house wife. Never had anything on her name. How can she show ties with her country?
Click to expand...

Her ties to her country would have to be VERY strong to overcome the fact that she has a USC son living in the US. Parents of USC have a very high rate of staying to immigrate after entering with a tourist visa, so they also have a high rate of visa denial.

You're probably going to be forced to do things the hard way ... file I-130 so she can get a green card. Then she'll keep using the green card for a couple of years to visit the US a few times. Then she'll officially surrender the green card at a consulate and apply for a tourist visa, since it's easy to get a tourist visa after voluntarily surrendering the GC.
 
Whats my best option because she doesn't work. How can she pay tax? I know its going to be difficult for her to get a visitors visa. Should I fill I-130 for her then?
 
jamesbrown2009 said:
Whats my best option because she doesn't work. How can she pay tax? I know its going to be difficult for her to get a visitors visa. Should I fill I-130 for her then?
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Are you an only child and her only living immediate relative? Where are your siblings, if any? Mom is a homemaker, is she also a widow? Does she have siblings and parents still living in India? Does she have a source of income in India or is it strictly foreign remittances? Does she ever leave the house? Got community involvements, place of worship, specific medical care provider(s), obligations to any other family members nearby to her? Does she help take care of grandchildren, her own elderly parents or in-laws, an ailing widowed brother or sister?

Be creative in helping her show her ties.
 
Actually, my mum is in nigeria. She is taking care of sisters and her grandchildren. She is a widow and her source of income is from hotels, and homes that people rent- my dad owns it. Everything is in my dad's name and they cannot transfer anything because I'm the only son.
 
Thay can both apply for visit visas and if granted, only your mother can come and visit you. One possibility. I assume she re-married and is now a widow but your biological father is still alive?

jamesbrown2009 said:
Actually, my mum is in nigeria. She is taking care of sisters and her grandchildren. She is a widow and her source of income is from hotels, and homes that people rent- my dad owns it. Everything is in my dad's name and they cannot transfer anything because I'm the only son.
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Well in that case, there is one route you can adopt. You sponsor her for a GC. She goes to the US. Then returns and after a year has passed, she surrenders her GC at the US consulate. The same time she applies for a visit visa. She will have a much better chance of securing a visit visa then.

jamesbrown2009 said:
It cannot be transfered. My dad didn't had a will.
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She is basically an intending immigrant if he plans to go live with you in the US after you file your petition, so I'm not sure why you think his mother and siblings are really a factor that will make him go back.
 
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