How do we get a tourist visa for my wife's best friend

[mconfes 0]

My immigrant wife applied for AOS in June and was thankfully approved. Now we'd like to invite her best friend (Anna) to come and visit the US. How do we start the process? Her friend applied at the Jakarta, Indonesia embassy for a tourist US tourist visa and was denied due to "lack of qualification". Anna is 30, from a good family, with a good job and good financial standing. I don't understand why she didn't get the visa.

Here are a few questions:

1. I've read that there's not much we can do from the US to bring a non-relative to the US. Is that true? If not, where do we start? What do we need to show to get her approved?

2. Would it help us to get an attorney?

Any help on this is much appreciated.

Thanks.

[payxibka 10,045]

1) the alien must meet the qualification on their own... no level of participation by a USC will make any difference

2) No an attorney cannot make an otherwise unapprovable application approvable....

Unfortunately that is just the way it is.... A few bad apples over the years made it very difficult for legitimate folk to be able to visit.

[Old Dominion 26]

My immigrant wife applied for AOS in June and was thankfully approved. Now we'd like to invite her best friend (Anna) to come and visit the US. How do we start the process? Her friend applied at the Jakarta, Indonesia embassy for a tourist US tourist visa and was denied due to "lack of qualification". Anna is 30, from a good family, with a good job and good financial standing. I don't understand why she didn't get the visa.

Here are a few questions:

1. I've read that there's not much we can do from the US to bring a non-relative to the US. Is that true? If not, where do we start? What do we need to show to get her approved?

2. Would it help us to get an attorney?

Any help on this is much appreciated.

Thanks.

The fact that she is a single woman will be a continuing deterrent. All she can do is apply again, with some convincing evidence on paper that her return to Indonesia is imperative. There is nothing you can do.

[Dakine 26]

My immigrant wife applied for AOS in June and was thankfully approved. Now we'd like to invite her best friend (Anna) to come and visit the US. How do we start the process? Her friend applied at the Jakarta, Indonesia embassy for a tourist US tourist visa and was denied due to "lack of qualification". Anna is 30, from a good family, with a good job and good financial standing. I don't understand why she didn't get the visa.

Here are a few questions:

1. I've read that there's not much we can do from the US to bring a non-relative to the US. Is that true? If not, where do we start? What do we need to show to get her approved?

2. Would it help us to get an attorney?

Any help on this is much appreciated.

Thanks.

Not much you can to.

Applican't has to have good reasons they HAVE to and will return home and not go illegal.

[mconfes 0]

Thanks for confirming what I read. So, now the real question becomes: What are the qualifications to be approved for a tourist visa? Does anyone have a link to a good site that outlines everthing very cleary and easily?

Thanks in advance.

[mconfes 0]

Wow, 4 responses in 5 minutes. You guys are great. Thanks.

So that makes sense about her being a single woman. I'm sure there are several reasons for the embassy to object to that. So, does anyone have some good examples of what she should use on her application to convince the embassy that she WILL return to Indonesia and not stay in the US?

[payxibka 10,045]

for starters

http://travel.state.gov/visa/frvi/denials/denials_1361.html

[Mononoke28 135]

Thanks for confirming what I read. So, now the real question becomes: What are the qualifications to be approved for a tourist visa? Does anyone have a link to a good site that outlines everthing very cleary and easily?

Thanks in advance.

The qualifications should be showing enough evidence that will tie her to her home country, this will let the CO know that she has every intention in the world to go back home after her trip in the US is over. But, we all know that is not the case every time because it's up to the CO to approve or deny every applicant he/she has to interview. So a denial may be as a result of something as silly as the CO having a bad day or not feeling like it.

There's no "real trick" that will help anyone get a tourist visa no matter how prepared they are. They have a 50-50 chance of getting approved.

Diana

[mconfes 0]

I'm starting to learn that this is indeed a 50-50 chance process and that it's pretty much up to the person you talk to ON THAT DAY. If they get a good vibe from you or are in a good mood - lucky you. Here's some recent correspondence from the Indonesian Embassy:

Thank you for your inquiry to the Consular Section of the United States Embassy in Jakarta, Indonesia regarding the refusal of your friend.

Embassy records indicate that she applied for a nonimmigrant visa, and was found ineligible for a visa under the provisions of Section 214(B) of the Immigration and Nationality Act (INA). This section of law stipulates that all applicants must demonstrate to the satisfaction of a consular officer that they have a residence outside the United States which they do not intend to abandon and that their ties to another country are strong enough to compel them to depart the United States after a temporary stay. Further, the law stipulates that applicants must show they will abide by their nonimmigrant status while in the United States.

During the interview, the interviewing officer was not convinced that her ties to Indonesia were strong enough to overcome the statutory presumption of intending immigration contained in Section 214(B) of the INA. The adjudicating consular officer was therefore required, by law, to refuse their applications under that section of the law.

I have reviewed the officer’s notes and have determined that the visa application was adjudicated according to visa law and regulation.

To be frank, there is not a large amount of importance placed on a letter of support for a tourist visa. Although some applicants submit a sponsorship letter from a person in the United States, sponsorship is not required to apply for a nonimmigrant visa. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of a sponsor’s assurance. Please also understand that certain documents are not required to be shown, but if an officer wants to see supporting documents they will ask for them. Sometimes a decision is made just by reviewing the application form and simply speaking with the applicant.

As is the case worldwide, to qualify for a visitor visa, applicants must have compelling ties that would require them to return home after a visit to the US. Applicants normally do this by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of a temporary stay. The law places this burden of proof on the applicant. Strong ties differ from country to country, city to city, and individual to individual. Our consular officers are aware of this diversity. During the visa interview, they look at each application individually and consider professional, social, cultural and other factors. Each case is examined individually and is accorded every consideration under law. It is not up to the applicant to orally “convince” the officer they will come back. The officers must look at the facts (not necessarily documents) regarding an applicant’s ties and determine if they are strong enough.

When making a determination of ties, consular officers examine many aspects of an application, including applicant’s family, social, professional, financial, and other ties to their country of residence. Some examples of ties can be a job, a house, a family, or a bank account. However, these are only a few examples of ties, and having these alone does not make one qualified. Ties are the various aspects of applicants’ life that bind the applicant to their country of residence: their possessions, employment, social and family relationships. We also examine the ties that applicants have to the United States. If we are not convinced that applicants have sufficient reason to return to Indonesia following their stay in the United States, they are unable to overcome the statutory presumption of intending immigration contained in Section 214(B) of the INA. Section 214(B) imposes on most nonimmigrant visa applicants the presumption of immigrant intent and places the burden of overcoming this presumption solely on the applicant, by having strong enough ties.

Again, it is important to remember that it is the applicant alone who must establish eligibility for a visa. Additionally, even if a relative or friend is paying for an applicant’s entire trip, they must be able to demonstrate they have sufficient funds to afford the trip entirely on their own. This is part of showing strong economic ties to Indonesia.

Each applicant is responsible for bringing any relevant documents to the interview with them. One more note: If an applicant is not qualified, it is possible a letter of support may not be examined. If they are not qualified on their own, showing a letter of support will not change that decision, and each interview is kept to the minimum amount of time it takes to make the decision.

This does not prohibit her from applying for a visa in the future. However, unless she can demonstrate to the consular officer during the interview that her ties to Indonesia have been significantly strengthened, it is unlikely that she will qualify for a visa. This is not done simply by bringing more documents. Put another way, the applicant must have a significant change in their inherent situation, thereby increasing the strength of his or her ties.

[himher 634]

Jakarta is a tough embassy......the only ones we know of are usually married, with one staying and one visiting, with children or a job left behind. Sometimes if you bring in papers to show you own a home there that helps. A single female non-homeowner doesn't have a prayer unfortunately.

I'm starting to learn that this is indeed a 50-50 chance process and that it's pretty much up to the person you talk to ON THAT DAY. If they get a good vibe from you or are in a good mood - lucky you. Here's some recent correspondence from the Indonesian Embassy:

Thank you for your inquiry to the Consular Section of the United States Embassy in Jakarta, Indonesia regarding the refusal of your friend.

Embassy records indicate that she applied for a nonimmigrant visa, and was found ineligible for a visa under the provisions of Section 214(B) of the Immigration and Nationality Act (INA). This section of law stipulates that all applicants must demonstrate to the satisfaction of a consular officer that they have a residence outside the United States which they do not intend to abandon and that their ties to another country are strong enough to compel them to depart the United States after a temporary stay. Further, the law stipulates that applicants must show they will abide by their nonimmigrant status while in the United States.

During the interview, the interviewing officer was not convinced that her ties to Indonesia were strong enough to overcome the statutory presumption of intending immigration contained in Section 214(B) of the INA. The adjudicating consular officer was therefore required, by law, to refuse their applications under that section of the law.

I have reviewed the officer’s notes and have determined that the visa application was adjudicated according to visa law and regulation.

To be frank, there is not a large amount of importance placed on a letter of support for a tourist visa. Although some applicants submit a sponsorship letter from a person in the United States, sponsorship is not required to apply for a nonimmigrant visa. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of a sponsor’s assurance. Please also understand that certain documents are not required to be shown, but if an officer wants to see supporting documents they will ask for them. Sometimes a decision is made just by reviewing the application form and simply speaking with the applicant.

As is the case worldwide, to qualify for a visitor visa, applicants must have compelling ties that would require them to return home after a visit to the US. Applicants normally do this by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of a temporary stay. The law places this burden of proof on the applicant. Strong ties differ from country to country, city to city, and individual to individual. Our consular officers are aware of this diversity. During the visa interview, they look at each application individually and consider professional, social, cultural and other factors. Each case is examined individually and is accorded every consideration under law. It is not up to the applicant to orally “convince” the officer they will come back. The officers must look at the facts (not necessarily documents) regarding an applicant’s ties and determine if they are strong enough.

When making a determination of ties, consular officers examine many aspects of an application, including applicant’s family, social, professional, financial, and other ties to their country of residence. Some examples of ties can be a job, a house, a family, or a bank account. However, these are only a few examples of ties, and having these alone does not make one qualified. Ties are the various aspects of applicants’ life that bind the applicant to their country of residence: their possessions, employment, social and family relationships. We also examine the ties that applicants have to the United States. If we are not convinced that applicants have sufficient reason to return to Indonesia following their stay in the United States, they are unable to overcome the statutory presumption of intending immigration contained in Section 214(B) of the INA. Section 214(B) imposes on most nonimmigrant visa applicants the presumption of immigrant intent and places the burden of overcoming this presumption solely on the applicant, by having strong enough ties.

Again, it is important to remember that it is the applicant alone who must establish eligibility for a visa. Additionally, even if a relative or friend is paying for an applicant’s entire trip, they must be able to demonstrate they have sufficient funds to afford the trip entirely on their own. This is part of showing strong economic ties to Indonesia.

Each applicant is responsible for bringing any relevant documents to the interview with them. One more note: If an applicant is not qualified, it is possible a letter of support may not be examined. If they are not qualified on their own, showing a letter of support will not change that decision, and each interview is kept to the minimum amount of time it takes to make the decision.

This does not prohibit her from applying for a visa in the future. However, unless she can demonstrate to the consular officer during the interview that her ties to Indonesia have been significantly strengthened, it is unlikely that she will qualify for a visa. This is not done simply by bringing more documents. Put another way, the applicant must have a significant change in their inherent situation, thereby increasing the strength of his or her ties.

[mconfes 0]

I hope that's not the case about the gender issue but I can see how it could be true.

[Old Dominion 26]

Gender matters, unfortunately.

[faryan 4]

Perhaps it can also help if she gets her employer to write a letter on company header for her saying that the company aware of her trip to the US for xx-xx date, and that she will be returning to work right after. Thats what my friends from here (malaysia) do whenever they are going for R&R in the US. Altho, traveling alone for a single woman usually may make things more difficult.

[himher 634]

I did not mean to imply that it was just a case of gender. It's more like the whole picture.....single girl, no strong ties, all the lonely strapping bules running around unsupervised.....they have to consider all the what-if possibilities lol...

I hope that's not the case about the gender issue but I can see how it could be true.