I am in US on F1 visa.My wife would like to get my kid to US during his vacation(which falls on April-May) to spend sometime with me .The stay will be sponsored by our cousin who stays in US.My wife is working with a IT comp in India and has all the leaves approved for the vacation.What are the fair chances of their visa application being approved?
Hard to tell from here. Will all depend on the documentary evidence with which your wife will be able to prove "substantial ties" to her country, beginning with a well-paying job/position which makes it worthwhile (and believable) that she'll want to return to India after a temporary visit in the US, as well as real estate ownership, and etc. Strictly facts and document based. Credibility and demeanor during the interview will also be a determining factor.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your wife needs to prove significant ties to her country by producing documents such as employer letter explaining when she started working, her occupation, how many hours a week she works, her salary and the dates of her leave and most importantly, that she is expected back. If your wife owns property in India, she should produce the deed. If she were to leave the child behind with her parents, greater change she will get the B-2 visa but that defeats your purpose. If she has any other property, she must produce proof of it. She should also produce a copy of your visa, latest I-20 and latest I-797A, if applicable. She should write an affidavit of the reason for her visit and when she will return. Not knowing what her significant ties are, can't say what the changes of their visa app being approved.
Your wife's chances will depend on her ability to convince the consular officer that her visit will truly be temporary. There are myriad documents that can be used to attempt to accomplish this, depending on the details of her life in India, including evidence of work, finance, property and family ties.
Attorney Khurgel's comments on Avvo are general information, and do not constitute an attorney-client relationship.
B2 or F2 may be possible. The probability depends on your spouse and child's ability to convince the US consulate of their eligibility. In particular for the B that they intend to return to India and they can provide for themselveswhile in United States without going to work.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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