Widow Mother In Law B2 Visitor Visa Rejected

[khasibhatla]

My mother-in-law aged 55, went for the interview today at 8:30 AM., at Hyderabad Consulate. My uncle passed away in November 2009, following a heart attack. He was just 54 when he expired. She receives a really good amount of pension as my father in law used to be Central Government Employee. They have two children - my wife & her elder sister. My sister-in-law's family stays in the same state. They have an year old son too. My mother-in-law had the picture of herself, along with her daughter's family also - when she went in for the interview. Here are the questions, she was asked during the interview.

Who stays in US?
My younger daughter & son-in-law

What does your son-in-law do?
He works for some company as a software engineer

How long will you stay in US?
Just couple of months. I am planning to visit US along with my son-in-law's mother from March last week to May last week. She works as a teacher and her vacation starts off only that time. We wanted to go together because all of us want to spend some quality time together after my daughter's marriage.

What do you do?
I am pensioner

Do you get pension? What does your husband do?
No. My husband was a central government employee. I get pension because of him. He is no-more. -

Who stays with you now?
I stay along with my elder sister. She is also a pensioner. She doesn't have any children & her husband expired long ago. So, she stays with me.

How many children do you have?
Two daughters. One is here in Hyderabad. They work here in Hyderabad. My other daugther is in USA.

So, one daughter is in US & other is in India?
Yes.

VO mentioned "Sorry, you will not be granted visa. Please refer to this document for your rejection"., and was handed over the 214(b) brochure.

What are my odds now? .

[ivgclive]

Originally Posted by khasibhatla

VO mentioned "Sorry, you will not be granted visa. Please refer to this document for your rejection"., and was handed over the 214(b) brochure.

GOOD thing is you can reapply after sometime.

What is 214 (b)?

214(b) : Refusals under Section 214(b), is suggest that you do not qualify for the visa , or do not meet the qualifying criteria example : you do not have enough ties, Or you have not overcome a presumption that you are using the visa to immigrate or work illegally in the United States.
If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.

What does a consular officer look for during a visa interview?

Each case is different in its own and consular officer evaluates each visa application on its own merits according to visa law and procedures. In addition to U.S. security, the officer considers the applicant’s personal circumstances, honesty, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.

Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant’s home country:
•If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? (Note: Please have the applicants bring their INS extension approval notices to their interview).
• If the applicants have traveled to the U.S. previously, how long have they been back in home country?
• How many children and grandchildren do the applicants have back in home country?
• Have the relatives in the U.S. ever returned to home country to visit their families as is normal for foreign students, workers, and residents in the U.S.?
• Are the applicant active professionally in their home country; if so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in their home country.
Each visa application is thoroughly examined and evaluated on its own merits.

[vva]

among other things VO may want to be convinced that the visitor may not become a public charge in US

you may want to go over this is a affidavit i.e legal obligation from the sponsor.

"Form I-134, Affidavit of Support" be send over to the parent/near relatives to carry for/during visa interview. or as in your case need to reapply after sometime.

Just ensure to go thru the form its self explanatory and understand it .
few times is asked for/and or would be the assurance et all

http://www. uscis .gov/files/form/i-134.pdf

[khasibhatla]

@ivgclive - This is her first attempt for a B-2 visa, and she never travelled outside of the country. As I mentioned earlier, she has two children - my wife & my wife's elder sister. My sister-in-law's family stays in the same state. They have an year old son too. Most of my in-laws immediate relatives stay in the same city as she does. She has three immediate relatives from her deceased husband & two more families from her own side. My wife & myself are her only immediate relatives in US & I visited India for my marriage in Aug 2010, my wife came over in December 2010 to US. My mother in law is a pensioner, and never worked in the past to take care of the family. She has really good amount of money invested in her fixed deposits and ample amout of gold & jewellry and bonds in her name. We had an affidavit also done in her name through a local notary mentioning all of this - indicating her non-immigrant intent.

@vva - I did send her a copy of I-134 and had really good amount in my account. I sent in a letter mentioning that I am going to take care of her expenses to the consulate also. VO was not ready to see any documents. I sent in the following documents, which were all color tagged, based on someone's feedback on the forums.

File: 1 (General documents)
1. I-134 Affidavit of Support
2. Letter indicating Funds
3. Invitation Letter from myself to Mother-in-Law
4. Non-Immigration Intent - Signed by Mother-in-Law
5. Affidavit – detailing everything she has under possession
6. Letter from her bank, where she gets her pension
7. Letter from myself to Hyderabad Consulate requesting to grant a visitor visa
8. Death Certificate of father-in-law
9. Pension Card / Documents
10. Bank Passbook, indicating presence of funds
11. Family Photo - Sister-in-Law's family with Mother-in-Law
12. Statement from the Bank for the last 6 months
File : 2 (Immigration Related documents)
1. Attorney Documents - talking about my recent H1 extension
2. H1 Visa / I-797 of myself. Approved till 10/2014
3. H4 Visa of my wife
File : 3 (Employer Related Documents)
1. Employee Employer Letter / Agreement
2. Exhibit - A - discussing current contract / scope of work
3. Employment Verification Letter
File : 4 (Payslips & Bank Statements)
1. Pay Slips - June till Date
2. Bank Statements - Last 6 months
File : 5 (W2 & Tax Returns)
1. Tax Returns - 2011, 2010, 2009
2. W2 - 2010, 2009, 2008
File : 6 (Passports & Birth Certificates)
1. Birth Certificate of myself, my wife
2. Passports – myself's & my wife's copy
File : 7 (Common)
1. Marriage Photos - my marriage photos & album
2. Marriage Certificate - my marriage certificate
3. Apartment Lease - my Apartment lease in US- good till 09/2012

I believe, all she did not carry was a little bit of luck!

[krishmunn]

Originally Posted by khasibhatla

@I believe, all she did not carry was a little bit of luck!

Very true. Per your description , I see no reason why she should be denied. Have her apply after a couple of months. May be the VO had a bad day

[khasibhatla]

The worst part is the VO was a lady & said these words with a smirk.

"So, one daughter is in US & other is in India? Sorry, you will not be granted a visa. Please refer to this document for your rejection."

My mother-in-law did not say a thing, and paved the way for the next person in line.

When I heard the last minute stuff, my first feeling was -"REALLY ???"

[ivgclive]

Originally Posted by khasibhatla

The worst part is the VO was a lady & said these words with a smirk.

"So, one daughter is in US & other is in India? Sorry, you will not be granted a visa. Please refer to this document for your rejection."

My mother-in-law did not say a thing, and paved the way for the next person in line.

When I heard the last minute stuff, my first feeling was -"REALLY ???"

There is no strict law for a VO to approve a visa because all documents are proper. Because "required documents and materials" give only eligibility to request a visa.

What State has issued are only "guidelines" not "law".

When few people in front of you pissed off the VO, you have to take the heat. I experienced in my case, there were two students in my queue in 2011, who were carrying a Master Degree and MBA, driving the VO nuts by the way they were answering. You know what? They both got the VISA. But the person right in front of me received the treatment. One question on where he was working, say "NOPE. Out". I assured myself that the VO was going to throw my passport also back in my face saying 'get out'. I prepared myself for the worst, answered every question more politely, simple and clear. Fortunately he cooled off and said OK.

In your case, the item that could possibly have irritated the VO is she is staying with her sister, both are independant, don't have to take care of anyone. Money and Gold do not produce a bond to a any place. VO might be thinking she can very well invest the money in India, save the Gold in lockers, looks to lead a life in USA.

When she stays with someone, who needs her care in India, makes much more sense in their point of view.

Obviously you can not lie to a VO and never do that. But if there is anything she has and forgot to tell the VO, she can explain next time and surely they will give her a VISA.

Good luck!

[vva]

@khasibhatla .
Seem you had every thing if asked for - hmm what more could could oune get ?

Good that you can reapply. So Wish you good luck for the next time. (my in law's got it at the second go )

[mummydaddy]

@jva: are there any changes in particular you made before sending your inlaws for the second time?

[gclabor07]

My mother-in-law who is also a widow has been rejected 3 times. In her case, VO officer has never asked more than two/three questions, how many children? what do they do? In her case, she has two daughters in the US. Son is in college in India. Apparently, VO sees this as not strong ties back to India. No amount of documentation to prove strong ties in India has worked in our case. I find this 'going by the books' type of behavior by VOs sometimes unfair because this lady does not have any inclination to immigrate to US. She just want to see her new-born granddaughter and experience US for few months.

[thomachan72]

Originally Posted by gclabor07

My mother-in-law who is also a widow has been rejected 3 times. In her case, VO officer has never asked more than two/three questions, how many children? what do they do? In her case, she has two daughters in the US. Son is in college in India. Apparently, VO sees this as not strong ties back to India. No amount of documentation to prove strong ties in India has worked in our case. I find this 'going by the books' type of behavior by VOs sometimes unfair because this lady does not have any inclination to immigrate to US. She just want to see her new-born granddaughter and experience US for few months.

Dont know how true this is but some of my friends have mentioned that you should NEVER say that the mothers visit is to see the new born baby. Could be that the VO takes that a sort of cheap baby sitting?
Without naming any country/ies, we have to remember that there are several folks who bring their parents/relatives here on various visas and then they never leave. This results in genuine cases being affected. Anyway best of luck.

[vhd999]

My mom who is a widower got her visa in the third attempt. She has no intention of staying back in U.S. Also, both my sister and I are living in U.S.

We almost lost hope when her visa was rejected in the second attempt.

In the third attempt, we tried things little differently. We took no chance.
We have contacted senator, got CA letter summarizing the properties we have, took lot of family pics etc.

Send me a PM if you need more details.

Originally Posted by gclabor07

My mother-in-law who is also a widow has been rejected 3 times. In her case, VO officer has never asked more than two/three questions, how many children? what do they do? In her case, she has two daughters in the US. Son is in college in India. Apparently, VO sees this as not strong ties back to India. No amount of documentation to prove strong ties in India has worked in our case. I find this 'going by the books' type of behavior by VOs sometimes unfair because this lady does not have any inclination to immigrate to US. She just want to see her new-born granddaughter and experience US for few months.

[gclabor07]

Yes, I agree. We actually never mentioned the baby stuff, but always asked her to mention her trip was for tourism purposes the first two times and for attending graduation cermony the last time. During her last visa interview, I was graduating from a Masters degree and had school send her a letter about attending graduation ceremony. But, VO never looked at the letter or asked about the purpose of the trip at the last interview.

Originally Posted by thomachan72

Dont know how true this is but some of my friends have mentioned that you should NEVER say that the mothers visit is to see the new born baby. Could be that the VO takes that a sort of cheap baby sitting?
Without naming any country/ies, we have to remember that there are several folks who bring their parents/relatives here on various visas and then they never leave. This results in genuine cases being affected. Anyway best of luck.

[gclabor07]

Thanks for replying. I'd love to get some tips and tricks on documentation from you. I'll PM you.

Originally Posted by vhd999

My mom who is a widower got her visa in the third attempt. She has no intention of staying back in U.S. Also, both my sister and I are living in U.S.

We almost lost hope when her visa was rejected in the second attempt.

In the third attempt, we tried things little differently. We took no chance.
We have contacted senator, got CA letter summarizing the properties we have, took lot of family pics etc.

Send me a PM if you need more details.

[ColdStone55]

Congratulations I guess...
I have been covertly trying to get my MIL's visa denied for a while now, no success so far

Originally Posted by khasibhatla

My mother-in-law aged 55, went for the interview today at 8:30 AM., at Hyderabad Consulate. My uncle passed away in November 2009, following a heart attack. He was just 54 when he expired. She receives a really good amount of pension as my father in law used to be Central Government Employee. They have two children - my wife & her elder sister. My sister-in-law's family stays in the same state. They have an year old son too. My mother-in-law had the picture of herself, along with her daughter's family also - when she went in for the interview. Here are the questions, she was asked during the interview.

Who stays in US?
My younger daughter & son-in-law

What does your son-in-law do?
He works for some company as a software engineer

How long will you stay in US?
Just couple of months. I am planning to visit US along with my son-in-law's mother from March last week to May last week. She works as a teacher and her vacation starts off only that time. We wanted to go together because all of us want to spend some quality time together after my daughter's marriage.

What do you do?
I am pensioner

Do you get pension? What does your husband do?
No. My husband was a central government employee. I get pension because of him. He is no-more. -

Who stays with you now?
I stay along with my elder sister. She is also a pensioner. She doesn't have any children & her husband expired long ago. So, she stays with me.

How many children do you have?
Two daughters. One is here in Hyderabad. They work here in Hyderabad. My other daugther is in USA.

So, one daughter is in US & other is in India?
Yes.

VO mentioned "Sorry, you will not be granted visa. Please refer to this document for your rejection"., and was handed over the 214(b) brochure.

What are my odds now? .