Visitor visa confusion

[notabot]

I came to the US on a student visa (F1) from India and my visa expired recently. I got married to a US citizen 3 weeks ago and I want to apply for a visitor visa for my immediate family.(parents and brother). I am unemployed currently and out of status with I-130 and I-485 filed by my husband. My question is what is the procedure to apply for my brother for visitor visa who lives in India
1. Can I apply the visa for him even though I can't submit / don't have my recent payslips?
2. My spouse is a US citizen and considering that he has to apply for my brother, what would be the procedure?

Thanks for all replies.

[Tezza]

I came to the US on a student visa (F1) from India and my visa expired recently. I got married to a US citizen 3 weeks ago and I want to apply for a visitor visa for my immediate family.(parents and brother). I am unemployed currently and out of status with I-130 and I-485 filed by my husband. My question is what is the procedure to apply for my brother for visitor visa who lives in India
1. Can I apply the visa for him even though I can't submit / don't have my recent payslips?
2. My spouse is a US citizen and considering that he has to apply for my brother, what would be the procedure?

Thanks for all replies.

If they just wish to visit the USA, then they must each apply for their own B1/B2 visa (India don't qualify for a Visa Waiver), you aren't required to apply nor petition on their behalf.

[notabot]

If they just wish to visit the USA, then they must each apply for their own B1/B2 visa (India don't qualify for a Visa Waiver), you aren't required to apply nor petition on their behalf.

I should clarify. Even though I am legally married to my US Citizen spouse, we would like to have another ceremony and we'd like to bring my parents and brother for the ceremony. Is there any reason I should petition for them?

[Tezza]

I should clarify. Even though I am legally married to my US Citizen spouse, we would like to have another ceremony and we'd like to bring my parents and brother for the ceremony. Is there any reason I should petition for them?

You wouldn't need to. Assuming they're coming over temporarily as a visitor for your ceremony, then they'd have to apply for a B1/B2 visitors visa themselves, you wouldn't have to do anything. The onus is on them to apply. They be required to fill out an online form DS-160 which is a nonimmigrant visa application and assuming all is correct, pay the correct fees and attend an interview at a consulate or embassy in India to prove to the officer they are intending to visit only temporarily. There are more steps to this process, I believe you can find them online.

[notabot]

You wouldn't need to. Assuming they're coming over temporarily as a visitor for your ceremony, then they'd have to apply for a B1/B2 visitors visa themselves, you wouldn't have to do anything. The onus is on them to apply. They be required to fill out an online form DS-160 which is a nonimmigrant visa application and assuming all is correct, pay the correct fees and attend an interview at a consulate or embassy in India to prove to the officer they are intending to visit only temporarily. There are more steps to this process, I believe you can find them online.

Thanks for the reply. Is there any added benefit to sponsoring someone as opposed to letting that person self-sponsor?

[krypton9591]

Thanks for the reply. Is there any added benefit to sponsoring someone as opposed to letting that person self-sponsor?

No

[Tezza]

Thanks for the reply. Is there any added benefit to sponsoring someone as opposed to letting that person self-sponsor?

Well if they're visiting the country then you can't sponsor them anyway as it's simply a tourist visa. Don't confuse the fact it's called a visa with immigrant visas, the B1/B2 is a nonimmigrant visa. They must apply for permission to enter the country for a limited amount of time, promising the U.S. government they will leave before the nonimmigrant visa expires. Since the U.S. government assume everyone that visits the country is an intending immigrant, the onus is on the person wishing to visit here to apply, pay the fees and attend the necessary interview to convince the government officer of their intention to visit for a limited time only and not remain after their visa expires.

Applying for a B1/B2 visa is common practice for ANYONE wanting to VISIT the states temporarily. The only way you can visit the states as a tourist is via the Visa Waiver Program, but unfortunately India isn't one of the countries that may use this program. This is why they must apply for a B1/B2 themselves. Each person wishing to visit the states must apply.