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Doubt abt visitor visa for my father

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  • Doubt abt visitor visa for my father

    Hi guys,

    How r u? My parents have interview in next week... My father working in one private company...he can take leave for 6 months...he has the leave
    letter..the annual salary is mentioned in that letter....

    His actual salary is 240,000/year. but he said he didnt pay any tax for it...because he has to pay PF and insurance and all those things...
    he said he is going to put the salary like 140,000/year. In this case he doesnt need to pay tax...

    My it will make any problem to get his visa.... or they will reject the visa because there is not enough income... but my parents has own house,land and jwellery.. my younger sister is studying in India...they will leave her in India during their US trip....

    Plz clarify my doubt....what I have to do now....Thank you in advance.

  • #2
    You are starting the visa process with a lie. Why should the VO trust an individual that is defrauding his own country by not paying taxes to return back? What guarantee does a VO have that this person will not involve in any illegal activities or work in the US which are not to be done on a visitor visa.

    At the end of the day, it is for the VO to decide based on financial and familial ties presented by the applicant.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Doubt abt visitor visa for my father

      Who is sponsoring in your case. you or your father? Let us know how it goes.

      Thanks

      Comment


      • #4
        doubt abt visa for my father

        thanks for ur response..

        Actually my husband sponsering for my parents...

        what can I do now?

        my father can mention the real income? if VO asked any tax payment details what he can do? He is paying the taxes for our house and land...

        I thought the strong tie is they are going to leave my sister in India....

        I am totally confused.. Tell me,is there any chance to get the visa?

        Thank You.

        Comment


        • #5
          Originally posted by anjalianjali
          thanks for ur response..

          Actually my husband sponsering for my parents...

          what can I do now?

          my father can mention the real income? if VO asked any tax payment details what he can do? He is paying the taxes for our house and land...

          I thought the strong tie is they are going to leave my sister in India....

          I am totally confused.. Tell me,is there any chance to get the visa?

          Thank You.
          Hi
          If your husband is the sponsor, the chances are that VO may not even look at the tax documents. They did not do it in my case (sponsor) to my moms visa. it is because the affidavit of support does not even mention the visitors income and in DS 156. unless your father has to fill other forms don't worry about it, if you dont have tax document proof, better to tell the income amount that is below the taxable amout, make sure you don't contradict anything those documents, that is more important. it is not about honesty, there are lot of people ho in USA also evade tax, famous being treasury secretory and also tom daschale, they did nto go to jail right ? that being said don't tell too much lie, represent the facts, and if your husband is sponsor, make sure you show enough bank deposit that can prove that you can sponsor then parents.
          good luck, my mom had interview in Chennai earlier this week, and they did not ask her any questions other than what i do ? how many kids and she told me that by the time she finished answering the last question they told visa is approved and you will get visas in a week.

          Comment


          • #6
            Originally posted by rajeshkulus
            Hi
            They did not do it in my case (sponsor) to my moms visa. it is because the affidavit of support does not even mention the visitors income and in DS 156. unless your father has to fill other forms don't worry about it, if you dont have tax document proof, better to tell the income amount that is below the taxable amout, make sure you don't contradict anything those documents, that is more important. it is not about honesty, there are lot of people ho in USA also evade tax, famous being treasury secretory and also tom daschale, they did nto go to jail right ? that being said don't tell too much lie, represent the facts, and if your husband is sponsor, make sure you show enough bank deposit that can prove that you can sponsor then parents.
            You advise is completely unethical. If you got lucky, doesnt mean others also will. My parents were asked for tax filing proof. Your advise can get someone permanently barred from even applying for a visa and possibly handing over to police. Will you claim resposibility for that???

            Comment


            • #7
              Originally posted by rajeshkulus
              it is not about honesty, there are lot of people ho in USA also evade tax, famous being treasury secretory and also tom daschale, they did nto go to jail right ?
              People make honest mistakes and that cannot be an excuse for doing it knowingly.

              You are asking people to follow the wrong path which is not safe. If you wish to, feel free but don't spread the wrong doing.

              No one is a thief until one gets caught.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Originally posted by orion
                You advise is completely unethical. If you got lucky, doesnt mean others also will. My parents were asked for tax filing proof. Your advise can get someone permanently barred from even applying for a visa and possibly handing over to police. Will you claim resposibility for that???
                I am not sure why my advice is unethical, if you carefully read the instructions in the visa application, it clearly states that financial responsibility rests upon the sponsor, i have had 3 visa stampings for myself, 3 for my wife, 2 for in laws and one for my parents, none of the times we had to show the other documents. for my stampings my employer was sponsor and i had to show my tax stuff, but for my wife same way, my tax documents, for my in laws, my documents, and for my parents my documents, so i am telling from my personal experience, unless you had other experiences where i am wrong, they say so

                Comment


                • #9
                  Originally posted by rajeshkulus
                  it clearly states that financial responsibility rests upon the sponsor,
                  Where is it? There is no requirement for a sponsor for a visitor visa in the first place. The I134 that one fills does not even apply for visitors.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Originally posted by txh1b
                    Where is it? There is no requirement for a sponsor for a visitor visa in the first place. The I134 that one fills does not even apply for visitors.
                    OK here is the instruction we get when you take appointment for Visitor visa ( the one i got for my parents)
                    GUIDANCE SHEET FOR BUSINESS TRAVELLER / TOURIST / FAMILY VISIT
                    Visa Class: B1/B2
                    Page 1 of 3
                    ON THE DAY OF INTERVIEW:
                    Please be at the Visa Hall entrance, not more than 15 minutes before your appointed time.
                    SUPPORTING DOCUMENTS REQUIRED FOR THE INTERVIEW:
                    1. Passport, visa fee receipt issued by HDFC bank and interview appointment letter.
                    2. Original signed visa application form DS-156 with a recent photograph affixed on form DS-156.
                    Photograph must be as per the specifications given.
                    3. Original visa application form DS-157 only if you are 15-55 years of age.
                    4. National of foreign countries may be required to pay an Issuance Fee. To check the availability
                    as well as the issuance fee amount, log on to www.travel.state.gov/visa/reciprocity/index. The
                    fee if any needs to be paid via demand draft in INR at the prevailing Consular rate of exchange.
                    Note: Mention your Name and Passport number on the reverse side of the demand draft.
                    5. Original Birth Certificate for children below 14 years of age.
                    6. If you are visiting a relative, carry photocopies of the relative’s proof of status e.g. Green Card,
                    naturalisation certificate, valid visa etc.
                    7. Business travellers need to produce proof that the Company will finance the trip. If the company
                    is new or unknown it is helpful to carry tax records of the firm for the last 3 years.
                    8. It is also helpful to carry evidence of how the trip will be financed along with letters of
                    deputation, invitation or sponsorship also known as the Affidavit of Support (Form I-134).

                    9. A tourist may show evidence of financial resources through bank statements and tax returns for
                    the past 3 years.
                    10. Dependents joining their spouse on-board ship need to carry their original marriage certificate and
                    entire wedding photo album along with the spouse’s visa copy.
                    11. For parents visiting a child resident in the US:
                    • If child is an Indian citizen.
                    (a) Childs’s original birth certificate.
                    (b) Photocopy of all pages of child’s passport.
                    (c) Where the US visa of child has expired, photocopy of the renewed petition required.
                    (d) Where child is a legal permanent resident in USA, photocopy of the green card (front and
                    back) is required.
                    • If child is a U.S. citizen.
                    (a) Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.
                    VISA RENEWAL:
                    Applicants scheduled for the appointment under the visa renewal programme must carry the original
                    passport with the previous visa stamp. Photocopies of old visas will not be accepted.

                    Ok it clearly states that
                    and in regard to furnish proof of funds
                    here are the instruction for filling the form I-134

                    I-134, Affidavit of Support
                    Instructions
                    An alien applying for SSI must make available to the SocialSecurity Administration documentation concerning his / herincome and resources and those of the sponsor, includinginformation that was provided in support of thecorresponding application.An alien applying for TANF or Food Stamps must makesimilar information available to the State public assistanceagency.The Secretary of Health and Human Services and theSecretary of Agriculture are authorized to obtain copies ofany such documentation submitted to USCIS or the U.S.Department of State and to release such documentation to aState public assistance agency.A separate affidavit must be submitted for each person. Asthe sponsor, you must sign the affidavit in your full, trueand correct name and affirm or make it under oath.As the sponsor, you must show you have sufficient incomeand/or financial resources to assure that the alien you aresponsoring will not become a public charge while in theUnited States.Evidence should consist of copies of any or all of thefollowing documentation listed below that are applicable toyour situation.Failure to provide evidence of sufficient income and/orfinancial resources may result in the denial of the alien'sapplication for a visa or his or her removal from the UnitedStates.
                    The sponsor must submit in duplicate evidence of incomeand resources, as appropriate:
                    A. Statement from an officer of the bank or other financialinstitutions where you have deposits, identifying thefollowing details regarding your account:
                    1. Date account opened;
                    2. Total amount deposited for the past year;
                    3. Present balance.
                    B. Statement of your employer on business stationery,
                    revealing:
                    1. Date and nature of employment;
                    2. Salary paid;
                    3. Whether the position is temporary or permanent.
                    C. If self-employed:
                    1. Copy of last income tax return filed; or
                    2. Report of commercial rating concern.
                    D. List containing serial numbers and denominations of
                    bonds and name of record owner(s).
                    I. Execution of Affidavit.
                    II. Supporting Evidence.
                    Effective October 1, 1981, amendments to section 415 of theSocial Security Act established similar requirements fordetermining the eligibility of aliens who apply for the firsttime for Aid to Families with Dependent Children (AFDC),currently administered under Temporary Assistance forNeedy Families (TANF). Effective December 22, 1981,amendents to the Food Stamp Act of 1977 affect theeligibility of alien participation in the Food Stamp Program.These amendments require that the income and resources ofany person, who as the sponsor of an alien's entry into theUnited States, executes an affidavit of support or similaragreement on behalf of the alien, and the income andresources of the sponsor's spouse (if living with thesponsor) shall be deemed to be the income and resources ofthe alien under formulas for determining eligibility for SSI,TANF and Food Stamp benefits during the three yearsfollowing the alien's entry into the United States.Form I-134 (Rev. 07/14/06)Y
                    OMB No. 1615-0014; Exp. 04-30-07
                    Effective October 1, 1980, amendments to section 1614(f) ofthe Social Security Act and Part A of Title XVI of the SocialSecurity Act establish certain requirements for determiningthe eligibility of aliens who apply for the first time forSupplemental Security Income (SSI) benefits.
                    III. Sponsor and Alien Liability.
                    If you are in the United States, the affidavit may besworn to or affirmed before an officer of U.S.Citizenship and Immigration Services (USCIS)without the payment of fee, or before a notary publicor other officers authorized to administer oaths forgeneral purposes, in which case the official seal orcertificate of authority to administer oaths must beaffixed.
                    If you are outside the United States, the affidavitmust be sworn to or notice affirmed before a U.S.
                    consular or immigration officer.
                    Documentation on Income and Resources.
                    Department of Homeland Security
                    U.S. Citizenship and Immigration ServicesHow you submit the form depends on whether the alienyou are sponsoring is in or outside the United States andwhat type of application is being submitted. See the
                    instructions provided with the corresponding applicationfor detailed information on how to submit this affidavit ofsupport form.

                    Therefore it should be submitted, i hope this explanation helps,

                    Comment


                    • #11
                      The form I134 is applicable for sponsors on a permanent basis (Green card, citizenship etc). Off late, visitors have started using it but it holds no significance in the granting of the visa.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Originally posted by txh1b
                        The form I134 is applicable for sponsors on a permanent basis (Green card, citizenship etc). Off late, visitors have started using it but it holds no significance in the granting of the visa.
                        you probably misunderstood it,
                        of course i am a GC holder now, but prior to that while in H1, my in laws visited us, and during that time, this exact same PDF file was created from the VFS booking site when i scheduled for the visa, this visit occurred 2 year before (Nov 2006) , very recently, my friend got the visa for his parents and he is on H1, and even he had to do it, i am not sure if the PDF file that was created also described ? i will just confirm it today evening and edit this post if it was not requested.

                        Comment


                        • #13
                          No, I did not. What I am saying is even though they are asking for form I134, if you look at the form or the USCIS website, it is clearly indicated as to what purpose it was supposed to be used for. It was never intended for visitors. Consulates have been asking for that to see if a visitor really has someone that can/will bear the expenses in US as that paper has to be notarized.

                          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                          Comment


                          • #14
                            thanks for all of ur discussions....

                            somebody can tell me, which is the correct way I should follow? plzzz.....

                            Comment


                            • #15
                              Originally posted by txh1b
                              No, I did not. What I am saying is even though they are asking for form I134, if you look at the form or the USCIS website, it is clearly indicated as to what purpose it was supposed to be used for. It was never intended for visitors. Consulates have been asking for that to see if a visitor really has someone that can/will bear the expenses in US as that paper has to be notarized.
                              Hi
                              i don't want to drag on the discussion here, instead of stating that I-134 was not intended for Visitor visa, could you provide the proof that it was not intended, i went through US consulate website, and personally called few friends who all have invited their parents/in-laws to US as visitors , the sponsors included, F1, H1, and GC holders and all of them had this PDF file that clearly stated the need for I-134 signed by the sponsor if the sponsors reside in USA,
                              I would request you to show the proof that I-134 not intended for visitor visa sponsors who are on H1 visa, till then please don't post otherwise.
                              if you know so much about I-134 form, then you must be the one who wrote it, or you have worked in a place that reviews this form, if so please educate us on this issue so that we could be well informed, another point is i believe US consulate in India receives hundreds of this kind of application everyday, and i am sure they would have noted this error of is-use and would have clearly stated so,

                              i feel you are just arguing for the sake of argument,

                              Comment

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