Unique Situtation - Help out Gurus!

[alubhaja]

Need expert advise from you all! I am in H1B visa, an employee of a fortune 200 energy company. I would like to sponsor my parents visitor visa, but my uncle (Dad's younger brother) is a Doctor here, and a US citizen!

who has a better proposition here - me, or my uncle?

Please advise!

[immihelp]

Either one.

[alubhaja]

either one? thanks for the reply, but it does not help much

anyone else, please?

[peace999]

Having a USC brother in US is a negative in itself for a visitor visa . Having him send funding papers is another negative. Anyway, your parents are coming to mainly visit you and not the doctor brother, so you should send the papers.

Another piece of advice; Funding papers ( I-134) are not mandatory and are counterproductive in many cases. It is an indirect admission by the applicant of lack of enough funds for the trip ,
hence an I-134 from the US host.

If your parents have very sound income/savings , let them show self funding , that will go in their favor.
If not, you have to send the I-134.

[alubhaja]

Thank you very much for the reply! I understand that there is no concept of sponsoring a visa, we can just sponsor the trip. People do say that self funding is best, but I hear stories all the time that h1b folks sponsor their parent's visa successfully.

Also, I am not exactly sure if having a US citizen brother is a negative point itself..isn't it a solid reason why you want to visit US - to meet your sibling? also, I think the VOs do consider who is sponsoring your trip - isn't an US citizen with earnings about half a million dollar a year more credible than someone with about $80k a year on a temporary work visa ?

[peace999]

OK. You have to understand how the visitor visa process works.

Funding part of the process is secondary.

The primary and the most important issue is to overcome the presumption of
being a potential immigrant. They consider everyone a potential immigrant
and weigh factors in your presentation that go and against that presumption.

If you have a strong earning US citizen brother in US,
he will likely support you to stay back in US and hence it is a negative.
And if you combine it with other factors like
lack of ties to India ( retired, low income, funding from US, no children in
India) , it will give you a denial.

Yes, H1bs do successfully fund their parents' trip. That said, self-funding is better if it
can be shown.It shows strong financial ties to India.

[immihelp]

Either one is still the right answer.

Whether you sponsor or your father's brother sponsors, the situation would still remain the same.

Even if you sponsor, your father has to still disclose that he has brother in the U.S. (in the application form) and that he is U.S. citizen. Even after he comes to the visit the U.S. on your sponsorship, he can still stay back in the U.S. and brother will support him.

Therefore, it does not matter either way.

[alubhaja]

ok, guys, thank you both! I think I am beginning to understand the whole process. One more question – if my parents have visited a few countries in the past, say about 5 countries in Asia, and in Europe, does it support their case in any way to obtain a US visa?

[peace999]

Yes, it will go in their favour. Provided the officer takes notice of it in their passport or asks them
about it.

These 2 factors are more important ;

1. Your dad's work status and income .
2. Any children in India.