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Filed: K-1 Visa Country: Peru
Timeline
Posted

I have a common problem. Mother in Law was denied a tourist visa. She has no bank account, house, not married.....We provided proof we could support her while here, but they didn't care. Who would be the best to contact to complain and maybe get help? Sate Rep. Local Rep. Congressman...I'm sure it will be a waste of time but i'd like to give it a try.

Separate question. Why can't she be put in my custody and make me responsible? I have permanent address, job, bank account. I have alot to lose if she dosen't return.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The issue isn't proving your responsibility or ties to the US, it is proving HER ties to Peru. Until that changes, She'll be denied again - even with a Senator.

I'm sorry, it sounds like she just didn't have enough ties

Good luck

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Medical
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Filed: K-1 Visa Country: Peru
Timeline
Posted (edited)

I have a common problem. Mother in Law was denied a tourist visa. She has no bank account, house, not married.....We provided proof we could support her while here, but they didn't care. Who would be the best to contact to complain and maybe get help? Sate Rep. Local Rep. Congressman...I'm sure it will be a waste of time but i'd like to give it a try.

Separate question. Why can't she be put in my custody and make me responsible? I have permanent address, job, bank account. I have alot to lose if she dosen't return.

...unfortunately I'm confronting a similar situation for my soon to be mother in law from Peru. We're in the process of gathering evidence...mine also has no bank account, house in her name and is not married. She has a 24 year long career and supports three fairly young children (that will not be coming along for the trip). We haven't been denied yet so I remain hopeful, but I'm really nervous about her prospects. I doubt it will help matters but I will also be contacting my representatives if she isn't approved.

Edited by missouriviaperu
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted (edited)

US govt cannot just go by your word (OP) they cannot just let her in the country and hold you responsible for her return. So if she jumps her visa, then its additional headache for US govt to search and hunt u.

If she has no strong ties to her home country, like not married, no property, retired etc - then why would she want to go back to her home country after her tourist visa expires?

Ohh and sorry Senator or a congresman neither cannot do anything, you cannot complain to anyone. Coz for tourist it is not their right to visit us as tourist.

Thats the job of ppl working in consulate to evaluate the situation and make the call to grant tourist visa or not to grant tourist visa.

Edited by Harsh_77
Filed: K-1 Visa Country: Peru
Timeline
Posted

US govt cannot just go by your word (OP) they cannot just let her in the country and hold you responsible for her return. So if she jumps her visa, then its additional headache for US govt to search and hunt u.

If she has no strong ties to her home country, like not married, no property, retired etc - then why would she want to go back to her home country after her tourist visa expires?

Ohh and sorry Senator or a congresman neither cannot do anything, you cannot complain to anyone. Coz for tourist it is not their right to visit us as tourist.

Thats the job of ppl working in consulate to evaluate the situation and make the call to grant tourist visa or not to grant tourist visa.

....damn. oh well, may as well try to get the visa, multiple times if need be.

Filed: K-1 Visa Country: Peru
Timeline
Posted

US govt cannot just go by your word (OP) they cannot just let her in the country and hold you responsible for her return. So if she jumps her visa, then its additional headache for US govt to search and hunt u.

If she has no strong ties to her home country, like not married, no property, retired etc - then why would she want to go back to her home country after her tourist visa expires?

Ohh and sorry Senator or a congresman neither cannot do anything, you cannot complain to anyone. Coz for tourist it is not their right to visit us as tourist.

Thats the job of ppl working in consulate to evaluate the situation and make the call to grant tourist visa or not to grant tourist visa.

Doesn't the court sometimes release people accused of committing crime into custody of other? These people are responsible for them not to flee and return for court appearance.

I have permanent house address and job. They can easily find me and throw me in jail or something if she doesn't return home. She's my MIL, I guarantee she will go home. :)

Her only ties to Peru are her whole family except her one daughter of course. I guess this is not enough?

It would save me A LOT of money to buy one plane ticket for her to come here instead of 4 for my family to go there.

Filed: K-1 Visa Country: Wales
Timeline
Posted

How can you guarantee she would return?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Russia
Timeline
Posted

...unfortunately I'm confronting a similar situation for my soon to be mother in law from Peru. We're in the process of gathering evidence...mine also has no bank account, house in her name and is not married. She has a 24 year long career and supports three fairly young children (that will not be coming along for the trip). We haven't been denied yet so I remain hopeful, but I'm really nervous about her prospects. I doubt it will help matters but I will also be contacting my representatives if she isn't approved.

Bank account is only of minor importance. It is not really a "tie" - money can easily be moved. Since she does not own property, family and social ties are very important. Career also. Supporting the 3 young children is a very strong tie.

QCjgyJZ.jpg

Filed: K-1 Visa Country: Peru
Timeline
Posted

Bank account is only of minor importance. It is not really a "tie" - money can easily be moved. Since she does not own property, family and social ties are very important. Career also. Supporting the 3 young children is a very strong tie.

Thanks for the advice...so what's a good way to show/document family and social ties for the B2 visa? We have docs that prove her career (recent pay stub, letter of employment dated in 1986) but I was wondering if/how we should attempt to document the other ties.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You have identified the crux of the problem. No real controls on those who enter complying with the terms of their entry.

Hence over focus at the visa issuance stage.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Doesn't the court sometimes release people accused of committing crime into custody of other? These people are responsible for them not to flee and return for court appearance.

I have permanent house address and job. They can easily find me and throw me in jail or something if she doesn't return home. She's my MIL, I guarantee she will go home. :)

Her only ties to Peru are her whole family except her one daughter of course. I guess this is not enough?

It would save me A LOT of money to buy one plane ticket for her to come here instead of 4 for my family to go there.

Sorry buddy, but immigration does not look like that - coz there are more ppl waiting in line to enter the country (legally), lets not even go to illegally.

So immigration has to control the flow of ppl somehow and in past ppl have abused the visa granted to them and abused the loop holes in the system.

Anyone can easliy change a job and residence in 6 months :)

So how do they track you?

  • 8 months later...
Filed: Timeline
Posted

That was just a joke. She's my mother in law. I'll drag her on to the plane to get her to go home again.

You cannot accompany her to the boarding gate, so how are you going to 'drag' her on the plane? You do not have legal authority over her...period. Our laws don't have some specific clause in them that allows some kind of magic transferrence of custody from one person over another.

And congressmen/senators hold no sway over the consular officials...they are not empowered to 'order' them to issue a visa, nor do anything else, except answer their letters!

Filed: Timeline
Posted (edited)

A visitor visa is a privilege for a foreign national. There is no right to a visitor visa even if there are family members who are US citizens.

The US Embassy/Consulate has sole authority in its discretion to grant visitor visas. The decision cannot be appealed or complained about.

Furthermore, the US government explicitly does not accept "guarantees" from anyone that a visitor will leave.

You cannot "drag" your mother onto the plane. That's battery. What authority would give you the right to "drag" another person anywhere? The "guarantee" would not give you any legal right to detain a person, much less force the person onto a plane. Since you have no legal authority over your mother, your "guarantee" is worthless, and that is why the US government does not accept "guarantees."

--------------------------

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

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

Edited by Jojo92122
Posted

This thread is almost a year old, presumably OP has already decided what to do about seeing their MIL

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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