Brining my mom to the USA. !st time visa denied. What to do?

[Annabelle]

Hi!

I just got a link for this site and that person who told me about it thinks that he saw the discussion on my topic here. I looked through almost all the posts but didn't manage to find it.
I will just try to explain my problem and maybe something comes up!

I'm a permanent resident of the USA and my husband is a US citizen. I know I can't file 1-130 to bring my mom to the USA before I become a US citizen. So we tried to bring her here as a visitor just for couple of months but when she applied for a visa she didn't get it (as they explained she didn't demonstrate tight connection with Russia). She provided a lot of financial documents showing her ties to Russia like that she owns an apartment, a car, business. Our only problem was that she is a widower and I am the only child in the family so it doesn't really show a lot of "good proof" for the embassy! Unless she has some additional documents to show they they advised her not to try again. Any ideas on that? Or maybe somebody had been in such situation? Any help would be appreciated !!!

[Admin]

Hi!

I just got a link for this site and that person who told me about it thinks that he saw the discussion on my topic here. I looked through almost all the posts but didn't manage to find it.
I will just try to explain my problem and maybe something comes up!

I'm a permanent resident of the USA and my husband is a US citizen. I know I can't file 1-130 to bring my mom to the USA before I become a US citizen. So we tried to bring her here as a visitor just for couple of months but when she applied for a visa she didn't get it (as they explained she didn't demonstrate tight connection with Russia). She provided a lot of financial documents showing her ties to Russia like that she owns an apartment, a car, business. Our only problem was that she is a widower and I am the only child in the family so it doesn't really show a lot of "good proof" for the embassy! Unless she has some additional documents to show they they advised her not to try again. Any ideas on that? Or maybe somebody had been in such situation? Any help would be appreciated !!!

Annabelle,

William3rd is one of our members who is also an immigration attorney. You might try searching for his posts and/or sending him a PM. He seems very helpful.

- Dan

[Annabelle]

Annabelle,

William3rd is one of our members who is also an immigration attorney. You might try searching for his posts and/or sending him a PM. He seems very helpful.

- Dan

Thanks Dan! I sent him a PM I hope to hear from him back!

[William3rd]

Good news and bad news. The bad news first- this is a classic example of the problems of bringing an in-law to visit. "Sufficient connections to the home country." The burden is on the alien to prove the likelihood of returnng home after a temporary visit. Unless there is a substantial change of circumstances, a new application is not going to change the outcome.

The good news is that a parent is considered an immediate relative to you so that the day that you are naturalized, you can file that I130 and the parent's visa is not subject to quota. So she can emigrate in a year or so after you naturalize.

PM me a telephone number and I can give you some other information.

[rasdave]

Sorry to hear about that Annabelle. My wifes mom & nephew just got their visa in Kiev. Basically, I had all the financial documents of my salary, my wifes salary, etc. a nice letter stating why we are inviting her, and that we will pay for all. They told my mother in law they didnt want to look at ANY of it. They showed that they owned an apartment, dacha, business, 2 cars and we gave them like 10 photos of mom & nephew along with the extended family... granny, sons, daughters, aunts, uncles, etc... to show that she has ties to Ukraine.

She is also taking nephew and nephews parents both attended the hearing and they even interviewed nehpew asking him questions like "what does daddy and mommy do for a living?". I'll create my own topic on this interview and go into more detail, but my mother-in-law said MOST people were rejected that day and they got pretty nervous from it.

[BillyB]

The good news is that a parent is considered an immediate relative to you so that the day that you are naturalized, you can file that I130 and the parent's visa is not subject to quota. So she can emigrate in a year or so after you naturalize.

William3rd, what's the average amount of time it takes an immigrant to get naturalized considering it's his or her goal?

[Bruce]

"Average" - I'd say "average" for a RW, since it seems it takes a lot longer for them.

[William3rd]

Naturalization- "average" time depends on the time at the local district office for backlog. My last Naturalization-currently in process- Filed September 2006-Muslim. Fingerprinting-within 45 days. Interview notice on January 5, 2007 for Feb 14, 2007.

Last LADO case before that. Filed June 11, 2006, Fingerprints- 2nd week July. Interview September. Sworn in November.

Eligibility for marriage to USC which is still viable- starting 90 days prior to the third anniversary of the initial approval of GC. All others, the 90 days prior to the 5th anniversary.

The average time is by district office so you need to go to the JIT reports to see what they are saying.

[Zhena]

Annabelle-how old is mama? And rasdave-how old is your mom in low? How old is nephew? I heard the retired people get the visas more easy-is that true?

[Annabelle]

My mom is 55. But I heard  that people older 80 don't need to come for the interview .

[Jet]

But I heard  that people older 80 don't need to come for the interview .

What they don't say is that's because they won't issue a visa to folks over 80  :seething:

Lil's grandmother came over 2 years ago, she was 76 and we didn't really have any trouble - been retired for years but has a couple apartments in her name and Lil's Dada opened up a bank account and threw some rubles in it for her. Only real difficulty came at the POE when they couldn't read her fingerprints on their new digital print scanner, thus delaying her entry by 6+ hours while they decided what to do  .

[Son of Clyde]

I thought "strong ties" applied mostly to young, single women. Is  it just as difficult for parents, brothers and sisters to visit? If most FSU people own apartments and not homes, is this an issue? William3rd, can you send me a PM with your contact information? Never know if I will need a good immigration attorney.

[William3rd]

Done- call me later.

Strong ties to the home country go to the likelihood of return.

Another issue is the likelihood of working, likelihood of becoming an immigrant, etc.

Just remember the following consular and USCIS maxims.

The burden of proof is on the alien applicant or alien beneficiary and petitioner to prove each and every requirement of eiligibility to a clear and convincing standard.

If an application or petition is not clearly approvable, it must be denied.

Having said all that-that spiel is more forboding than it really is.

[Photo Guy]

William- what exactly is happening here? The US govt is worried that her mom
may decide not to go home at the end of her visa period?  Is that the issue?
Isn't the government capable of enforcing the imposed visa period? I can think
of many ways to do that, but the govt cannot?     

[DKMM]

Yes P/G if she doesn't have much of a connection, she could be at risk for an overstay.  Or are you saying it should not be a problem if one overstays?  Do you not understand the issues (like costs) caused by overstays?  Its the same reason every other developed country on earth enforces visas.

[Photo Guy]

What are the various ways that the US govt could deal with overstays?
Off the top of my head, you could setup severe penalties, maybe
direct them at the 'sponser'.  It seems like a non-problem compared
with millions of undocumented people walking across our border every year.
I think our immigration/visa systems need an overhaul.

[Bruno]

What are the various ways that the US govt could deal with overstays?
Off the top of my head, you could setup severe penalties, maybe
direct them at the 'sponser'.

System used here in Belgium... When FSU girl have not the needed finacial, a sponsor is responsible... max 30000 euro during 3 year... in $$$; it is over 100k for 3 year... and this is only about the stay expense, the return home expense is always for you... add to this the medical expense ( if neede )...

Here, the goverment is not responsible, it is the man who make the invitation... i think that it is the right way... why goverment need to pay for our own mistake...

But now, how much American are ready to accept so system... 30000 euro mean maybe 100k when related to USA... who in US is ready to be a garanty of 100K is he make a mistake in the choose of wife/girlfriend...

And some difference between here and there... We have a identy card system who allow to follow each people ( not in UK but system is similar to US )... Our system is not bad but you loose a lot at the level of privacy ( each 6 month, control of police at you own home + interview of neightbourg )...  Several US people already comply about problem with privacy... but here, the system work BECAUSE state have a possibility to control your privacy...

Like we say in French : "Tu ne peut pas avoir le beurre et l'argent du beurre"... a bad translation : "you cannot have the butter and the money of the butter"...

[John K]

Hi all,

I was a regular contributer when this forum was on Planet Love.  My wife, Marina, and I are wanting to bring her mother and grandmother over here in the US for a few weeks.  This is an interesting discussion, so I thought I'd jump in.

Question:  What defines a "solid connection" to Ukraine?  Marina's mother and grandmother both have apartments in their names.  Marina's mother still has a job, while the grandmother is retired.  Both are single women living on their own.

As far as relatives go, her mother and grandmother are pretty much all of Marina's family.  There may be a few distant relatives, but they are just that, distant.

Question #2: What can Marina and I do on our end to make the visa application process easier?  Can we fill out an I-865(?) affidavit of support or something?  Ask our congressman to write a letter of invitation on our behalf?  Any ideas?

Question #3: Marina is not a naturalized citizen, but she has her permanent green card.  Will this make it more difficult for us to bring them over?

Any help would greatly be appreciated.

Thanks,
John K

[Annabelle]

Hi, Everybody!

I'm so thrilled to tell you ------------- my mom got her visa!!! Unbelievable!!!!!!!!! I don't know all the details because I haven't talked to my mom yet (our congressman's office (they helped us) called and told that she got approved!!!!!! WOW!!!!!!

[KenC]

Congrats!!!!  Enjoy her visit!
KenC

[Simoni]

Hi, Everybody!

I'm so thrilled to tell you ------------- my mom got her visa!!! Unbelievable!!!!!!!!! I don't know all the details because I haven't talked to my mom yet (our congressman's office (they helped us) called and told that she got approved!!!!!! WOW!!!!!!

Wow, Annabelle! That's great news!  And yes, unbelievable!  Congrats :-)

[catzenmouse]

That's wonderful news Annabelle!

Please let us know how she likes it here and what her impressions are of life in general.

Ken

[Rags II]

Hey Howdy John K!

Nice to see that you are still around. I don't come here often either but I happened to catch your post.

My inlaws have been over to visit us twice now (summers of '04 & '06) and have had no problems getting visas.

The first time I sent them a notorized affidavit of support and had them bring all thier documents to prove ties to Ukraine. The consular official didn't even look at any of it (which kind of put me in a bad light as I insisted that they would need them to get the visa). They even took thier pictures as somehow that detail got forgotten in the rush to get all the documentation together. Everyone at the Consulate was kind and helpful (unlike other FSU Embassy expiriences that I have heard of).

The second time I just made the appointment (online) and made sure that they had the proper photo pose done. Everything went even faster as they had proof that they came and didn't overstay.

One great advantage is that Ukrainians have a better status with the State Dept. than Russians.