Parent's visitor visa:Should I sponsor or my husband sponsor?

[mrnnmr]

I read in the immihelp I-134 guidelines that if both husband and wife are working, and if wife wants to invite her parents, then its better that she is the sponsor, and not her husband( Parents relationship is closer than in-laws).

If I sponsor

I came to US initially on visitor visa, and then converted to H1 visa without leaving the country and I dont have a H1-B stamp on my passport yet. I only have the I-797 approval. I had to take this route because i married a Green card holder after he got his green card.I have never been out of status and have all the paper work such as pay stubs, tax returns etc. The issue is my passport does not have the H1-B stamp and I am worried that if this would be a problem if i sponsor for my parent's visa.

If my husband sponsors

My husband had filed a immigrant visa petition i.e green card through family category while i was still on B2 visa. This is a question in I134 question asking if my husband has filed a immigrant visa petition for anyone. Now since we want to honestly answer as that he did file for my green card would that have a negative impact on my parents' visitor visa application ?

Also, if the VO asks during the interview as to why their son-in-law is sponsoring rather than theor own daughter who is working ,what is the best answer my parents could give to the VO ?
So considering the pros and cons can any expert here suggest as to what's best route to take ?
Thanks and regards

[smohanty]

Regardless of who sponsors - your husband or you - a copy of your every page of your passport has to be carried by your parents when they visit the consulate.

And if the VOs check your passport/background in the US they can ask your parents as to your status when you first went to the US and can ask them why you haven't left the US in all these years to get your H1B regularized.

So problematic questions can be raised whether you sponsor your parents or your husband does.

The INS is very serious about not allowing people with green cards to sponsor non-immigrant/immigrant visas. And the fact remains that both of you have used a loophole to allow you to slip in to the US and live here. And by doing that you have made any future visa sponsorships of family difficult for both of you.

As someone who came to the US on a visitor visa and stayed back in the US your parents application for a visitor visa may automatically be looked upon with some suspicion. They may be asked to prove that they will not try a similar tact as their daughter to stay back in the US.

If you still want your parents to apply, then I would say you should sponsor them. That way you don't have to worry about them being asked why their son-in-law is sponsoring rather than their own daughter who is working.

And just hope that the VO does not look deeply at your visa/immigration history.

[waitin_toolong]

I agree with all Smonhanty says.

but at the same time I would say that the visa process is like playing roulette. It sometimes does not matter what the circumstances are but the mood of the VO.
So we might postmortem everything and assign blame or help on papers etc. But in the end it is how confidently you present your case, your body language and ease. Plus the luck of draw.