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dipsam

US Citizen filing Visitor Visa for Old Parents

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Background:

I am a Naturalized US Citizen, and so is my Wife.

 

My parents are Indian citizens and aged 85 and 80 years. They have never visited the US.

 

I have one estranged sibling (brother), who is an estranged son to my parents as well.

 

I had applied for their immigration visa, but could not proceed with complying to queries raised, relating to their Marriage Certificate. They don't have one; nor is there any way for us to comply with the alternatives. So I had to abandon the process mid-way.

 

They are pretty old, and will not culturally be able to settle down in a different country at this stage. So I wanted them to visit me whenever possible, apart from me visiting them. My only intent to file for their immigration visa was because, I was told that, me being an US Citizen, they would in all probability be denied a Visitor visa, since they would be categorized as "intent to immigrate". So though they didn't have any intent of settling down here, just to avoid being denied a Visitor visa, I had filed for their Green card (which of course I had to stop now as mentioned above).

 

 

My question is:

  • Is there any way they can file for their Visitor visa, given the background above, and not be rejected?
  • What precautions / considerations / steps should they/we take to ensure that?

 

 

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Background:

I am a Naturalized US Citizen, and so is my Wife.

 

My parents are Indian citizens and aged 85 and 80 years. They have never visited the US.

 

I have one estranged sibling (brother), who is an estranged son to my parents as well.

 

I had applied for their immigration visa, but could not proceed with complying to queries raised, relating to their Marriage Certificate. They don't have one; nor is there any way for us to comply with the alternatives. So I had to abandon the process mid-way.

 

They are pretty old, and will not culturally be able to settle down in a different country at this stage. So I wanted them to visit me whenever possible, apart from me visiting them. My only intent to file for their immigration visa was because, I was told that, me being an US Citizen, they would in all probability be denied a Visitor visa, since they would be categorized as "intent to immigrate". So though they didn't have any intent of settling down here, just to avoid being denied a Visitor visa, I had filed for their Green card (which of course I had to stop now as mentioned above).

 

 

My question is:

  • Is there any way they can file for their Visitor visa, given the background above, and not be rejected?
  • What precautions / considerations / steps should they/we take to ensure that?

 

Very tough to get a visitor visa for your parents in current situation. Talk with a good immigration attorney.

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Since they have previously demonstrated immigrant intent and they have only you to care for them in their old age, it is unlikely that they would be granted a visa but you can certainly try. No one can do anything to guarantee issuance of a visa.

 

However,  You must understand that at their age, health care while in the US should be a major concern. If they are granted a visa, be sure to purchase medevac and repatriation of remains insurance.

Based on the stresses of long distance travel on the elderly, I think they are foolish to attempt it.

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It would be not easy (however not impossible) for your old parents to get visitor visa given that you have attempted immigration for them before and also you have not mentioned any strong ties (i.e. living with your brother or other family or significant assets or strong reason to visit). Age is a factor also. However, I would not loose hope. Each individual case is different. Specifically given immigration status attempt before, I would suggest getting some legal help here. There are many other factors also -- where they are applying, when they are applying, if they can communicate clearly (in English) and explain their situation during interview. You might have abandoned immigration application since you could not get proper documents. It might be possible to get an affidavit and other proof of their marriage. As unusual as it might sound, you might be better of hiring an attorney and filing their immigration again. It might be done quicker than a couple of tourist visa rejection cycle. Don't loose hope. Don't rush (unless there is a strong reason). I hope your parents can get their visa in the future either immigrant or non-immigrant and your family can spend some time together.

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Just a quick update, since my first post above, and thank you so much for all your responses earlier. Surprisingly we received the approvals for their I-130, without having to send any response to the queries from USCIS on my parents' Marriage Certificate. The approval reads that the NVC would be contacting my parents on the next steps for the Permanent Residency.

 

However while filing for the I-130 in the first instance, I had not included the I-864 (Affidavit of Support) along with the I-130 application, nor any supporting financial documents.

  1. Do I need to send my parents the I-864 with the supporting documents now? 
  2. Do I send them two copies of the same set, one for each of them?
  3. What other documents do I need to send them, before they appear before the Consulate there?
  4. What other documents do they need to carry with them?

I would really appreciate any clarifications you can provide.

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When they come to visit, be sure to buy the best health insurance coverage available. Also be aware that long distance travel and a new environment at their age presents risks and assess whether the visit is worth the adverse effects on their health.

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They are not coming to visit. They are coming to stay. The new Health Care Law should help. You will still have to spend significant amounts of money on their Healthr Care Insurance.

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Why is the question posed under Visit?

In addition to the cost of insurance, a big problem could be finding physicians willing to take them into their practice. In my area, if you are on Medicare or an exchange most practices are closed to new patients.

 

If you cannot afford the insurance (and assume a big premium increase next year). you need to rethink your plan of bringing them to the US.  And the cost of meds is significant. 

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Just follow all the instructions and requests for documents for the NVC perfectly and everything will go OK. Congratulations on getting their approval. I am in the same situation and have applied for my widower father who is 76 years old and does not have a marriage certificate and now wondering what to do.

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