Visitor visa easier before or after green card?

[ManuC]

Hi everyone,

My parents applied for B1/B2 visitor/tourist visa at Mumbai, but got rejected and the VO said "apply again when your son gets his green card". I am on H1-B, haven't applied for green card yet. I was sponsoring my parents, although they have sufficient funds and property in India - in any case, they were not asked about it in their visa interview.

I am qualified for green card application under EB-1B, so can probably get it very quickly. My question is: should I? My understanding is that applying for a green card will demonstrate that I am more likely to immigrate to the US, so it will further reduce their chances of getting a tourist visa. Is that correct? Or are parents of green card holders more likely to be granted a visitor visa?

I will greatly appreciate any help from the forum. Thanks.

[immihelp]

If they can show that they have the money to pay for their expenses of U.S. trip, they should do that.

Otherwise, you should sponsor them.

[peace999]

The reason for denial is usually lack of ties in India.
(Retired parents, or low income parents, No children in India, only child in USA are some
examples)

I do not think it will make any difference if you apply for your GC.
If you can post their interview, it can be analysed why they were denied.

[ManuC]

If they can show that they have the money to pay for their expenses of U.S. trip, they should do that.

Otherwise, you should sponsor them.

Thank you for your reply. I had sent all the sponsorship documents (I-134, salary slips, bank statements, employer letters, invitation letters ....). My parents have extensive cash, property and several houses in India. My sister also lives in India.

I have another question: Is it better if my parents say they are sponsoring their own trip? Or is it better if they say their son in the US (that is, me) is sponsoring it?


In the interview, however, the VO did not ask for any sponsorship or property documents. She simply asked them to reapply after I get a green card. However, I haven't even applied for a green card. Even if I did, she has no way of knowing I may get it in a short time under EB-1B. Does she expect my 70-year old father to wait 5-6 years before applying for his tourist visa?

(I have purchased a house in India and asked my parents to carry the papers to demonstrate my non-immigration intention, but again, the property papers were not asked for.)


Here is how the interview went. All their answers were completely truthful. I will be glad to hear any comments or analysis.

VO: Where do you work?
A: I retired in 2003, now I manage my agricultural farms and other properties.

VO: Where did you used to work?
A: Such and such organization.

VO: What is your pension?
A: X lakhs per year.

VO: What work did you do?
A: Such and such.

VO: Do you have children in India?
A: Our daughter.

VO: What does she do?
A: She is a doctor in XX city.

VO: How long do you wish to go to US for?
A: 5 months.

VO: How long has your son been in the USA?
A: 8 years.

VO: How come you did not visit the US until now?
A: Our daughter and son-in-law were studying for medical school and post-graduation. It is only now that we have time to take a break.

VO: What visa did your son go on?
A: F-1.

VO: What visa is he now?
A: H1-B.

VO: Your visa is denied. You may reapply when your son has a Green Card.


Note that there was no mention of a Green Card on my parents' application, any letters, documents or in the interview. The VO's comment is entirely based on her presumption of my intent.

[peace999]

If you read several posts on this forum, it becomes obvious that property and documents
are hardly given any weight. The decision is based on their verbal answers on their family ties
and work /income ties.

I think the reason was their retired status + no child living with them in India +
they should not have mentioned 5 months. + you are nearing the end of your H-1

For self funding , they will have to have a strong annual income ( 12 lacs +) or substantial savings 15-20 lacs.
If that is doubtful, your sponsorship will be safer when you get a GC.

[ManuC]

I think the reason was their retired status + no child living with them in India +
they should not have mentioned 5 months. + you are nearing the end of your H-1

For self funding , they will have to have a strong annual income ( 12 lacs +) or substantial savings 15-20 lacs.
If that is doubtful, your sponsorship will be safer when you get a GC.

Thank you for your helpful reply, peace999. I will greatly appreciate a couple of further quick comments.

* I have only recently moved to H1-B (in Oct 2011), for a position in a well-known research lab. The GC comment from VO remains weird to me in that context.

* As you suggested, my parents will reapply only for 1-2 months.

* My parents have little pension income. But they have liquid bank savings (50 lakhs +), 3 houses and land holdings. Do you recommend they should self-sponsor? Or is more weight given to existing income stream, in which case I sponsor?

(The reason we are considering self-sponsor is that otherwise, it seems the VO does not give them even a chance to prove their economic ties to India.)

* Also, is there anything the VO looks for in the "Why didn't you visit the US until now" question? Should they instead answer something like "Our son used to visit often when he was a student, but now it is difficult for him to take a month off". (Which is also true, besides what they had answered earlier.)

[peace999]

Ok.
I am sorry, I misread the 8 yr thing, I thought you were on H-1 for 8 years.

Stay mentioned should not be too short or too long.
1month is short and 5 months is long.
For parents 3 months of mentioned stay is fine.

In your parents' case , I do not think H-1 or GC should make much difference.
So many H-1s successfully sponsor their parents.
The issues are retired status and no children living with them in India.

About self sponsorship it all depends on how you handle the interview.
If he was working and earning very well, the officer's questions;
what do you do and what is your income would have convered it.
But with a retired status and a mediocre pension, many times they stop here and do not ask about savings.
Your father will have to volunteer info that he has savings of 50 lacs ( must have proof)
so he is spending his own money.
Your reason about self-funding and financial ties is correct.

Your last query about visiting is trivial and you should not worry about it.

[ManuC]

Thank you again for your comments, peace999.

Based on your inputs, I suppose the only thing they can change when they reapply is say 2-3 months for duration of visit. And regardless of whether I sponsor or they self-sponsor, look for an opportunity to volunteer information on strong economic interests in India.

Given that my GC is likely not an issue, is there an ideal amount of time they should be waiting before applying again?