Need Info on getting visitor Visa

[pdave83]

Hello everyone,

Me and my brother both have US greencard, my brother got his greencard through marriage which ended 3 years back, his wife is in India and he wants to apply her for green card but since there is a limitation that he has to wait until 5 years to start his application, he is thinking of applying for her visitor visa so that she can visit him until he applies for her immigration.

I need advice on this situation, we are having a family function in another couple of months, so can my brother apply for his wife's visitor visa directly ? if yes then what are the chances of rejection as office would know that he is in USA with a greencard.

second option would be , Can I apply for my sister in law's visitor visa so that she can attend our family function ?

we are in dilemma, please provide your recommendations.

[Libra_14]

She can apply for her visitor visa. She just need to prove that she has strong ties to her home country & would not miss-use the visitor visa & surely return upon completing of her said visit.

Since your brother is married now, that might be a risk, because it shows her intent to stay in USA longer or permanently.

[pdave83]

so in that case , is it better that I apply for my sister - in - laws visitor visa or my brother should apply it ?

[Libra_14]

Doesn't matter - Best would be to have her self-sponsor her visit & submit the application herself (do not sponsor).

At any rate, there is a question in DS160, if you have any immediate relative in USA & she has to answer about her husband - you can't hide the truth that she is married to an PR holder.

[pdave83]

Thank you for the advice