b1 visa help

[brightmonk]

the background before my question:

My mom and sister went to US in may to attend a wedding on a b-2 visa. while there my sister got engaged to a us citizen. now my mom is returning back after 4months but my brother in law is not allowing my sister to leave and telling her to change her status by having a court marriage after 90 days duration while in US, as going back would create problem in her immigration and can take 9-10 months. they plan to have traditional wedding ceremony in next June. now the problem is that i have got an invitation for doing a clinical elective clerkship in a US hospital and i want to apply for b-1 visa and attend this rotation which is very important for my carrier. now the questions:

1, if i apply with my sister there on a b-2 visa, will it lead to rejection on the reason of weak ties in home country. plus the VO can ask what my sister is doing in US and as the marriage ceremony for which she went is over, there is no reason for her to be there and can raise suspicion.

2, if my sister comes back just for the time i apply for my visa can she go back to US again in the short spell of a month?

3, if yes then what should she say to the tough immigration officials at port of entry, i mean the reason for coming back so soon? can she say that she has come to marry her fiance or meet her fiance on a b-2 visa?

4, telling about her engagement could lead to cancellation of her b-2 visa at port of entry? how long does fiance visa take to issue?

5, what are the things and document i need to take when i apply for b-1 visa? what things should i avoid during the interview

thank you. IN desperate need of your help!!!

[peace999]

1. No she cannot re enter in a month's time and she absolutely should not mention her fiancee or future marriage at POE.
A fiancee visa ( K1 ) is a long process just like an immigrant visa , takes 9-10 months till consular processing in India. K1 can only be issued outside US. Meaning there is no change of status from B2 to K1 while inside US.

2.When did she get her visitor visa? what is the visa's validity? when she applied, did she say her purpose was to attend wedding?

3.Are you ECFMG certified yet? I mean have you visited US before to take step2 cs? Or are you still a medical student in India ?

[brightmonk]

Thanks for the prompt reply

Ans to ur first question: she got her visa in February 2013 and the reason was to attend a wedding in the family and meet our sick grandmother. Visa validity is 5 years. There was not plan of engagement then.

Ans to 2 nd question: no I am not an ecfmg certified yet and have never been to US before. I am still a final year medical student and definitely needs to come back to graduate.

My sister case is now bothering me. Questions can be asked about her in the interview. My brother in law is saying to get her status changed to green card while in US so that she can settle down to the US life before their traditional marriage next year.

[peace999]

I do not think there is any cause for concern regarding your sister.

No officer is going to pull her file out to see why she went and that she went for a wedding and why she is not back yet.
Because she has not broken any laws.She is still within her allowed stay that can be perfectly explained by your grannie's illness

It is your interview and they are going to focus on your purpose.

[brightmonk]

Thanks peace! You just injected a good deal of peace into me... If by any chance the officer asks me about my sister then instead of engagement thing I should mention my grandma's illness, right?

[brightmonk]

Yes this situation is bothering me.. Can she do this that she can come back now and then go back after two
Months for another wedding as a reason. She can carry a genuine wedding card from one of our family friends in US.

[brightmonk]

Ben your right, being honest is the best option. Lets hope things go smoothly without deep investigations and cross questioning from the vo. Can pray only !

[peace999]

Beg to disagree strongly. It seems ridiculous they will base a medical student's clerkship decision on why her sister is staying 4 months
on her visitor visa ( something she is perfectly allowed to do)..

your and your sister's decisions are independent adult decisions and the officers know that.

[brightmonk]

Logically peace, this should be the way, but we have heard all sort of stories... And I have definitely heard they see your family history ... And they certainly don't find it amusing that people go and marry in US..

[peace999]

Logically peace, this should be the way, but we have heard all sort of stories... And I have definitely heard they see your family history ... And they certainly don't find it amusing that people go and marry in US..

You do not need to tell them about the engagement .

If she was in US well over 6 mnths it could be some reason to worry, but at this time she is well within her bounds,
and you can very well explain this by your grannie's illness and tell them she is returning by the end of this month.

[brightmonk]

It's a double edge sword.. Acting like an angel could easily blow away everything... While hiding facts is not a good thing to do as well... Hope this topic doesn't comes up... Will try to deflect VO attacks But only upto a certain point.. If he puts a gun on my head then will spit out everything

[brightmonk]

Ben, your writing my thoughts... I am not going to lie if asked something very straight forward.. I will try/hope to keep the vo away from this topic.. But that's pure luck..