what next?

[jason29 0]

my fiance and i ( together more than 1 year) just got denied a B2 visa at the embassy in jakarta. she is indonesian and we live in bali. i am based here in bali for work and love living here. we have no plan to live in the states in the near future. we attempted to get a B2 visa to go visit my family for christmas and also introduce my fiance to my friends and show her where i grew up etc. the interviewer said that she did not show strong enough ties to indonesia and that we should apply for the K1 visa and get married in america. we intended to get married in her village sometime in the next six months here in indonesia.

below is a list of the documents we brought to the interview. we intend to come back to Indonesia after a short trip to california:

all ID documents

bank account record (3000 US balance)

work letter (length of employment, salary, job description, business card, leave granted)

proof of ownership of a new motorcylce and a scooter around 5000.00 value

1 year lease with more than 6 months left on the contract for our house

invitation letter from my father

a complete I 134 from my father with all supporting documents

I also had work letters stating that i live and work in indonesia as well as 2 magazines that i work for with photo and bio of me that say i live in bali(i am a photographer)

we also brought bills in my name for services here in bali (sat TV, internet etc)

i have several friends who are married to Indonesian's and have been granted a B2 visa. one couple reviewed our documents prior to our interview and told us that they had far less documentation and were still granted the visa. the interviewer told us she had immigrated to america her self. it seemed to me like she was biased. we saw over 50 visas granted in our time waiting from two of the 3 interviewers at the embassy. the woman that interviewed us denied 6 people in a row in front of us. she did not even look at our documentation besides the application.

any thoughts? can we try again for the B2 or do i have to go to all the trouble of K1 with no intention of living in the states?

thanks

jason

[Otto 83]

any thoughts? can we try again for the B2 or do i have to go to all the trouble of K1 with no intention of living in the states?

Unless you will be bringing something new to the table - trying again for a B2 would likely have the same result as your previous application. As for what you listed - it sounds more like your (the US Citizen's) ties to Bali than your girlfriend/fiancé's (unless am reading it wrong) - I don't think they're concerned about your ties to the country as they are the foreign visa applicant.

A K-1 doesn't sound like the appropriate path.

[canadian_wife 1,829]

Generally, from what I understand, the beneficiary of a B2 visa will have to show not why he/she wants to go to the US, but why they NEED to come back to the home country. The more evidence the beneficiary presents, the better the case.

A lot of times when the answers to the question why do you want to go to the US is "to visit family" the CO assumes that the ties to the family are stronger than the ties to the home country. You need to show that ties to the home country are stronger than ties to family. Don't compare your case with other people's case since each case is adjudicated individually.

I agree with Otto_and_Karin, unless you have additional ties to show, another attempt at a B2 visa will likely be denied. Build a stronger case and then try again

Good luck, sorry for your situtation

[Kathryn41 3,205]

The difference between the B2s your friends got and your request is that they were married. Your fiancee doesn't have strong enough ties on her own but if you were married your ties to Bali would then carry more weight and the answer may be different. No, if you don't intend to live in the US after marriage a K-1 is of no use to you. You can certainly proceed with your plans to marry in Bali, and then if you later decide to return to the US you can sponsor her for a CR-1 visa or use DCF (if it is available in your area). Unless circumstances change they are unlikely to grant her a B2 if you re-apply. Marriage would be a change in circumstances and your strong ties to return to Bali would be added to hers increasing her position. Right now, they really can't consider your ties as her ties.

[jason29 0]

thanks for the replies. maybe if we buy land here that would help. that was on the list of things we want to do soon. i agree that another interview would most likely end in the same way as our last. just so frustrating that i cant bring my fiance to meet my grandfather who is 90 years old and not well. i understand their point, just sad...