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Visitor's visa and daughter's pregnancy

Discussion:
Visitor's visa and daughter's pregnancy
  My wife is expecting and we want to get our in-laws for help with delivery. I read at few places on the web that said NEVER EVER mention daughter's pregnancy and she needing help. However, most of the comments appeared to me as people's impression based on what they have heard or read. I looked at a lot of the past postings at this forum and didn't come across a single case where somebody was rejected visitors visa on such a ground (all rejections were due to the fact that applicant couldn't prove strong ties back to India, 214b). In fact, on the contrary, I found two postings where the consulate granted visa even after the applicant mentioned his/her intention of helping their daughter with pregnancy as the primary purpose of visit. To me it seems it may be a positive point to mention. So I would really like to know if anybody has any personal experience of being granted or rejected visa. Also, many of you have posted in past suggesting not to mention pregnancy. Could you please help me understand how this advice came about? I very much appreciate your feedback. These postings are very helpful. Thanks much.
Satchi :confused:
Answer:
More than anyone, it depends upon you
  Dear Satchi-
My wife is expecting and we were facing the same delimma as you are. All the people I talked to suggested not to mention about my wife's pregnancy. Only one of my friend's Mother had mentioned that her daughter is expecting and she got the visa. Almost all did not mention about the pregnancy and still got the visa.
In our case My in-laws were rejected the visa even though the paperwork was accurate and complete and they mentioned that they are visiting their daughter and not the pregnancy. The reason given was that you cannot maitain the ties to come back. That was totally bizzare if you consider that on Second attempt my mother-in-law applied with the same set of paperwork and got 10 year multiple. Same questions were asked and no documents were seen.
In a nutshell, do what you feel comfortable with and just be ready for everything. There is no logic of what will and what will not work. Just have a good case and stay with it throught.
Hope this helps
BTW: We both are GC holders.
Answer:
I can tell you from my personal expereince, that my parents visa was rejected when I had given a reason of my wifes pregnancy. As a result they could not come for the delivery and we had to manage ourselves.
The reason for the rejections is obvious. The rule is very clear, you are given a visitor visa either for a) business (B1), b) pleasure or medical treatment (B2). The reason of going to help someone is not a criteria for getting visa. The officials have to follow what the law states.
Also the person intending to come as a helper is potentially going taking the place of a US nanny or other helper, thus taking away one persons job !
So in a nutshell I will tell you that there are strong, valid and overbearing reasons not to mention the reason of coming to help for pregnancy.
The reason why everyone is given 214(b) is because by going to US to help you are showing strong ties in US, thus negating ties in India, and also it may look to the embassy officer that after pregnancy, the applicant will want to stay to help in initial child bearing, and then more help in child rearing, maybe a second child may be on the way.......and then it goes on and on.. this looks like a strong reason to immigrate, doesn't it?
If everyone is saying not to mention this reason, there must be some shred of reasoning to it !
Rest is upto you, you can use your own logic !
Answer:
agree to an extent
  guys,
Each individual case is unique and different. The explanation by sertra makes good sense.
In our case when my wife invited her parents after our son is born this is what she wrote to them:
I would like to invite both of you to The United States of America to stay with me for six months. It would be very nice to have you with me. During your course of stay, we would visit various tourist places in USA such as, all the world famous casinos that have been built since your last trip three years ago. We will also visit places like Grand Canyon, Bryce Canyon, and some of the most exciting places in the neighboring states of California and Arizona.
During your stay in the United States, I will bear all your responsibilities including, but not limited to, financial responsibilities, air ticket fare for travel from INDIA to USA and back, travel expenses within USA, medical insurance, housing and food.
I promise we will have a wonderful time here this time around too. As you know by the time you come here we will have a new addition to our family (my newborn baby). He will get an opportunity to see his grand parents immediately. This visit will give me an opportunity to see you both after a long time. So, please begin planning for the trip. I am eagerly waiting for you to visit me. You will find following documents attached and present them when you go to consulate office.
------------------------
but when we invited my parents during my wife's pregnancy, I wrote something in the similare lines but did not bother to mention anything about pregnancy.
My parents got 10 years visa. My in-laws who already visited us before only got one year visa. Go figure that.
So its your call guys.
all the very best
Cheers
Kalyan
Answer:
Follow Up
  Ours is another example in line with Serta's views as even we did not feel comfortable to give pregnancy as a reason for Parents to visit US. The people we talked to and many board discussions we read convinced us 99% not to give pregnancy as a reason.
I was in exact same position as you are finding yourself Satchi so it is understandable. Wish you all the luck.
Sorry to hear about your case Serta, we are going through the process and can relate to what you had to go through . Hope everything is fine now.
Answer:
Thanks for your concern VPFAM ! Thankfully we were able to manage as my sister is also in US and could come to help us. I can relate to Satchi's situation very well.
My parents visa rejection made me an active member of discussion boards like this. This time I am planning to invite them again, and the difference this time is, I have been reading and preparing this time. All this has convinced me of the naivety of stating the reason of help for pregnancy as a reason to visit US !! I now feel I should have dome more research, not just through discussion boards, but also I should have read about the laws through government and other sites.
All of you are correct in your analysis that one should make their own desicion, but please read about the law. The US govt's travel site is a good reference :
http://www.travel.state.gov/visa;visitors.html
and
http://www.travel.state.gov/vo_faq.html
Also the information on the website of the US embassy in India is useful :
http://usembassy.state.gov/posts/in1/wwwhb2_b.html
All those who succeeded in getting a visa showing the reason of pregnancy, must have met a sympathetic embassy official, because any official who follows the law as it is now, has to reject the visa summararily.
I am not pressurising anyone into a desicion (although it very much looks that way, doesn't it...;)!) , but please read about the law, understand it, make those who will be applying understand it, and then apply for the visa. Because I have gone through the disappointment, anxiety, even depression of a rejection.
All the best to to you Satchi and others !
Answer:
Hi Guys:
Thanks much for taking time out to reply to my querry. I do agree after reading the replies that the fact that my wife is expecting is an irrelevant fact in the context of applying for visitor's visa, and it has no bearing on granting a visitor's visa (and many of you think it may in fact negatively factor into the decision). So, I have asked my in-laws not to mention it.
Another point I would like to run by you is - my wife has applied for US citizenship which she will get in 2-3 months. Would it help to provide that information? The point here is that if she wants her parents to immigrate, she could easily sponser them and get a green card for them in a year or so. It would be foolish for someone, who has that option, to come in as a visitor and overstay illegally. This question can be reworded as .... does the consulate refuse visitor's visa to US citizen's parents based on 214(b)?
Appreciate you all patiently explaining your viewpoint.
Satchi
Answer:
Hi Everyone,
First of all thanks to all for sharing your experiences. It really helps.
Im in the same situation as Satchi, with the difference being that I dont have any information regarding the paper work required to get visitor visa for my parent in laws. Could someone please give me a list of papers needed to show at the consulate and what letters do I need to send to my parent in laws for their stamping. Any help would be highly appreciated. Thanks.
Answer:
List of documents
  Hi asharma,
Here is a list of documents you will need to submit for sponsoring your inlaws visa :
(List of documents that you need to send them)
1) Your letter to consular officer, stating the reason, the duration of their stay etc.
2) Your letter of invitation to your in-laws.
3) Form I-134, affidavit of support, separate for BOTH
4) A letter from your bank manager, in duplicate. (format as stated in instructions on form I-134)
5) A letter from your employer, stating your salary and that you are permanent employee of company.
6) Copy of your I-797. (if on H1, or other documents proving your work Authorization)
7) Copy of your I-94.
8) Copy of your W2 and US tax return for last two years.
9) Copy of your last 2 or 3 months pay slips.
10) Copy of ALL pages of your spouses passport.
11) Copy of your marriage certificate.
12) Copy of ALL pages of your passport.
13) Copy of your wifes birth certificate if you have one (embassy has started asking for this recently, not sure if you need it, but better be safe than sorry)
(List of document they need to take)
14) Completed application forms DS-156 (visa application form). 1 for both
15) Passports. For both
16) Draft for Visa Application and fees favoring US Embassy/consulate, as the case may be.i
17) A personal affidavit from in laws. (format can be copied from www.path2usa.com)
18) Originals and neat copies of all property papers.
19) If possible an affidavit from a CA stating market value of property
20) Original and copy of your inlaws Tax returns.
21) Original and copy of bank account statements/passbook
22) Original and copy of any fixed deposit certificates
23) Copy of passport (preferably passport, but other ID or birth cert. will do), of immidiate relatives in India. (your SIL, or BIL in India)
(For reference you can go to sites path2usa.com or immihelp.com. You will find formats of sample letters and affidavits also there)
This list may look like too much documentation. Make sure that your inlaws catogorize/put labels on the documets before they go to consulate so that they can easily and quickly find any document that is asked for. Make sure they are not overwhelmed by the documentaion.
This is not a comprehensive list. Every individulas situation is different and more or less document than in the list, may be needed. I am not a lawyer so please verify through other sources.
All the best to you,
sertra2002
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