Visitor visa for girl friend visiting the US

[Joel Agnel Fernandes]

Hi Guys,

My girl friend is in India and I would like to get her US visitor visa to visit me in the US.

I am a US citizen and would like to provide her with Form I-134 affidavit of support and all other supporting documents.
She has not been employed in India for a few years now and is under the care of her parents. She can provide her parent's bank statements and other supporting documents, however I am sure that through I-134 I can say that I am more than capable of supporting her.

My questions are:

(1) What are her chances of getting US visitor visa based on the above?

(2) If she is denied a visitor visa, will it be difficult for her to get a visitor visa or a h4 dependent visa in the future? In other words will the visa denial be a bad recorded remark?

(3) Is there a way I can assure the US consulate that she will leave the US after certain number of days of visit?

I am unable to get leave days to visit her, so I would really appreciate any help on what I can do about this situation, to have her visit me.

Thanks a lot for your help,
Joel

[pb2au]

(1) Not very good based on the portrait you have outlined. She has no independent income or job. She would be seen as a potential immigrant.

(2) Denial of visitor visa will have no impact on any other visa provided the denial is based on 214(b).

(3) No. The onus is wholly on the applicant to convince the consular officer at the interview. Supporting letters from you can help but ultimately it is her overall situation and responses that matter.

Form I-134 will do little towards enabling a positive outcome for a visitor visa. In fact that form is not legally enforceable from what I have read.

[Joel Agnel Fernandes]

But..

Thanks for your response.

Is there a legally enforceable way for me to ensure the US consulate of her intentions to visit and leave on time, and my intentions of taking care of all her expenses?

She has sufficient funds in her bank account, is it enough if she showed the availability of these funds?

She might get a job soon. In this case, how many months does she need to work before she can come visit, any idea? In this case there will be no tax return filed as a tax year wouldn't be completed. But ofcourse bank statement would be available.

Thanks for any other ideas. She will leave the US and it is only fair she is allowed to visit.. but I am wondering what can be provide to US consulate here.

Thanks & Regards,

[pb2au]

Thanks for your response.

Is there a legally enforceable way for me to ensure the US consulate of her intentions to visit and leave on time, and my intentions of taking care of all her expenses?

She has sufficient funds in her bank account, is it enough if she showed the availability of these funds?

She might get a job soon. In this case, how many months does she need to work before she can come visit, any idea? In this case there will be no tax return filed as a tax year wouldn't be completed. But ofcourse bank statement would be available.

Thanks for any other ideas. She will leave the US and it is only fair she is allowed to visit.. but I am wondering what can be provide to US consulate here.

Thanks & Regards,

The discretion to grant the US visitor visa lies entirely with the consular officer. The process is designed by law to exclude any outside interference or influence. In theory, not even the President or the Secretary of State can reverse the consular officer's decision. And visitor visa decisions cannot be appealed or subject to judicial review.

But getting a visa is not rocket science. The basic idea is simple: present a picture that convinces the consular officer that you are going there for purposes of tourism and/or to visit family, and that you will return to your home country after a short stay in the U.S.

Having a stable job with a strong income goes a long way. Family situation and ties in India can strengthen the overall picture. Any substantial assets that are easily demonstrable are a bonus (note: consular officers by and large don't see or trust property documents since they know they can be doctored or forged). There is no getting around these basics. If one cannot meet these requirements, one can always try laying out one's case at the interview honestly and fervently.

Above all, remember that being truthful is the best policy both at the time of filling the DS-160 and at the interview.

[Ideal sol]

By default, every applicant is treated as a potential immigrant in the B visa category and it's the responsibility of applicant to prove/demonstrate to VO, that his/her stay in the USA will be temporary and will surely return to home/a foreign country at the end of the trip.

There are no fixed rules for eligibility of B visa. Every case is evaluated by individual circumstances and one should pose and prove that she/he has a very strong financial, family and social ties to home country and doesn't have any intention to immigrate to USA by abusing B visa.

It's a bit difficult to adjust the status in the USA from B visa, but not impossible. Many people did that earlier, doing present and that's why VOs are always be very smart (over smart sometimes) in guessing the intension of the applicants with the information provided by them in DS160 as well as by the answers at the time of interview.

Being young, unmarried and without any job/income, visiting American citizen boyfriend is too difficult. It will be even more difficult if she get sponsored by him.

There is no thumb rule, that she should have been in employment for these many years. But surely it is better to apply with a job than nothing.
Apart from the other factors, a genuine and strong purpose will play vital role in successful visa cases. If she can convince the VO that her trip this time is very important and crucial to her and will surely return after a short stay, it's not an impossible task to get a visa, if not for 10 years, at least for a short stay.

So these are the facts and based on the provided information (but not limited to) you may assess your gf's case and act accordingly.

Good luck.

This is my opinion, not a legal advice.