Tourist Visa Denied (Was in USA 1 year back)

[Phantam 0]

Now that some of the missing pieces have been brought to light, it now maks sense why the CO has denied the MIL visitor visa application.

Thanks for the response... do you think reapplying after sometime would help? What do you think? Also will it help to get help from Senator's office... they said they will contact the embassy once I give them all the info about the new interview?

Edited November 22, 2011 by Phantam

[LIFE'SJOURNEY 970]

Thanks for the response... do you think reapplying after sometime would help? What do you think? Also will it help to get help from Senator's office... they said they will contact the embassy once I give them all the info about the new interview?

My daughter in with my MIL and my daughter is lucky that she has a motherly figure. I would like her to bring her here, stay here for few months and I can take her to few places as last time we couldn't do anything that we had planned to do after child's birth... She could help me in transition as my daughter is very close to her.. Thanks for taking time in reading.

Now that some of the missing pieces have been brought to light, it now maks sense why the CO has denied the MIL visitor visa application. Based on what has been printed here the CO sees that your MIL has migration intent. Sorry it is up to you'll to prove other wise and you'll past action doesn't show that.

To answer if senator involvement would help, I can't answer that .

Edited November 22, 2011 by LIFE'SJOURNEY

[Phantam 0]

Now that some of the missing pieces have been brought to light, it now maks sense why the CO has denied the MIL visitor visa application. Based on what has been printed here the CO sees that your MIL has migration intent. Sorry it is up to you'll to prove other wise and you'll past action doesn't show that.

To answer if senator involvement would help, I can't answer that .

She cannot get GC as her daughter has passed away... If she had intent to stay, she would not have gone back in the first place. But I understand your point. I was kind of naive and thought because of the circumstances and that she returned back home they would let her visit USA again.... I think I should take a step back and get all the papers ready to convince the CO.

[Zen Den 18]

No one working for a state government gets a one year paid vacation....obviously she was working (likely providing child care) and now, after just returning, she 'needs' to 'visit' for another year? I imagine that on her first application she said she was going to stay just a few weeks....but then, suddenly, she decided to stay nearly a year....doing what? Watching TV? No wonder they denied her....this should be a lesson...do what you say, stay only as long as you announced, because if you don't, why would the consular officials believe a word you say the next time you apply for a visa?

And babysitting or child care is NOT allowed by B2 visa holders, no matter if the child they are caring for is a grandchild.

the OP is posting for advice not a scolding as if you know him and you're absolutely sure about your answers and you're sure the mother-in-law was working? how about a little respect

[Phantam 0]

the OP is posting for advice not a scolding as if you know him and you're absolutely sure about your answers and you're sure the mother-in-law was working? how about a little respect

ZenDen thanks a lot for the response. I know I made the mistake of not talking about my wife's death... but I try to avoid that as I go into depression as the entire episode comes in front of my eyes.

[Phantam 0]

You used the pronoun "we" in every sentence....'we just want her to visit', 'we asked for an extension' and no mention whatsoever about this supposed event. The tone and gist of your posting gave no indication of this happening, nor did you refer to it (nor did she apparently) during her latest interview; in fact, the only concern you mentioned was something about 'we didn't mention that she works for the state government;...etc......

so who is 'we?' And why weren't you outraged or concerned that the embassy didn't ask (or was informed) about the passing of your wife as the reason for the extension?

There is something missing from this story.

Yes I am outraged, frustrated... I contacted Senator's office, I emailed the embassy, had sleepless nights... then I thought maybe I should reapply and fix things that is under my control. So came here for advice on one issue that I saw rite away.

Edited November 22, 2011 by Phantam

[Noah Lot 391]

the OP is posting for advice not a scolding as if you know him and you're absolutely sure about your answers and you're sure the mother-in-law was working? how about a little respect

And yet you are absolutely sure??? How is that possible?

I doubt she was watching TV.

[Phantam 0]

And yet you are absolutely sure??? How is that possible?

I doubt she was watching TV.

Noah so all your mother's and grand parent's do is watch TV? What is your freaking problem... if you cannot help, do not act smart by saying things that is offensive... I am not here to take rubbish from you... open your thread and ###### against the world.

[Noah Lot 391]

Yes I am outraged, frustrated... I contacted Senator's office, I emailed the embassy, had sleepless nights... then I thought maybe I should reapply and fix things that is under my control. So came here for advice on one issue that I saw rite away.

Well, a senator (or congressman) cannot order the embassy to issue a visa, so such a letter will have no effect. Why can't they order the embassy (consulate) to do so? Because congress is in the legislative branch of our government and the State Dept is in the Executive branch, and no branch can tell another what to do. Letters from senators are usually just attached to some letter from a constituent - but the one thing that won't be in a senator's letter will be the words..."Issue a visa to so and so..."

As to your MIL's current challenge, the CO will have to be convinced that she will not be returning to provide more child care....something that a senator's letter cannot guarantee nor control. They will also wonder how somebody who just had a year off is entitled to yet another vacation so soon...because that does not make sense. Now, this may sound blunt, but....our visa laws were written by Congress to be implemented (and obeyed) by the consular staff. Working in any form is not allowed by B2 visa holders....period. Of course, many people disbelieve that statement, or feel that their particular situation is some exception to the rule, but they have never been able to point to that section of law that supports their viewpoint.

The bottom line is that your MIL will have to establish (or re-establish) her credibility...last time she said she was going to stay for x amount of time...which was not a year. On her current application, she may have written 'one month' or something, but since what she wrote the last time turned out not be true, well, there in lies the crux of the matter. And the issue of child care will still be there.

As an aside, had you opted to include a bit of the entire story, the replies you got might have been different.

[Phantam 0]

Well, a senator (or congressman) cannot order the embassy to issue a visa, so such a letter will have no effect. Why can't they order the embassy (consulate) to do so? Because congress is in the legislative branch of our government and the State Dept is in the Executive branch, and no branch can tell another what to do. Letters from senators are usually just attached to some letter from a constituent - but the one thing that won't be in a senator's letter will be the words..."Issue a visa to so and so..."

As to your MIL's current challenge, the CO will have to be convinced that she will not be returning to provide more child care....something that a senator's letter cannot guarantee nor control. They will also wonder how somebody who just had a year off is entitled to yet another vacation so soon...because that does not make sense. Now, this may sound blunt, but....our visa laws were written by Congress to be implemented (and obeyed) by the consular staff. Working in any form is not allowed by B2 visa holders....period. Of course, many people disbelieve that statement, or feel that their particular situation is some exception to the rule, but they have never been able to point to that section of law that supports their viewpoint.

The bottom line is that your MIL will have to establish (or re-establish) her credibility...last time she said she was going to stay for x amount of time...which was not a year. On her current application, she may have written 'one month' or something, but since what she wrote the last time turned out not be true, well, there in lies the crux of the matter. And the issue of child care will still be there.

As an aside, had you opted to include a bit of the entire story, the replies you got might have been different.

Noah again stay out of this.. Your scribblings are all rubbish.

[Noah Lot 391]

Noah again stay out of this.. Your scribblings are all rubbish.

No, they are not rubbish; they are factual.

No one gets more vacation for a 'few months' after having been away for a year.

The issue of child care is still on the table, whether you choose to acknowledge it or not.

A senator cannot promise that an individual will comply with our laws.

A senator's letter cannot order the COs to do anything.

those are the facts. Pure and simple.

[Noah Lot 391]

You originally posted a couple of questions, but apparently did not want to hear certain answers. But sometimes questions have different answers. If you wanted somebody to just write..."oh just do this or that and she will get a visa"...that person would have been fibbing, to say the least. There is no automatic, easy solution to your current problem. And that statement is factual.

[Phantam 0]

You originally posted a couple of questions, but apparently did not want to hear certain answers. But sometimes questions have different answers. If you wanted somebody to just write..."oh just do this or that and she will get a visa"...that person would have been fibbing, to say the least. There is no automatic, easy solution to your current problem. And that statement is factual.

I would have tried to hear your answers, but look at the ####### you wrote:

"No one working for a state government gets a one year paid vacation....obviously she was working (likely providing child care) and now, after just returning, she 'needs' to 'visit' for another year? I imagine that on her first application she said she was going to stay just a few weeks....but then, suddenly, she decided to stay nearly a year....doing what? Watching TV? No wonder they denied her....this should be a lesson...do what you say, stay only as long as you announced, because if you don't, why would the consular officials believe a word you say the next time you apply for a visa?

And babysitting or child care is NOT allowed by B2 visa holders, no matter if the child they are caring for is a grandchild."

"I like that phrase....'porky pies'....kind gets to the heart of the OP's story.... Most people would have mentioned the passing of a dear loved one, especially a spouse, at the beginning of their posting...perhaps something like..."my MIL visited us a year ago, for the birth of our first child, but something terrible happened and my wife passed away during childbirth, so we needed my MIL to help out...."...but all we heard was some alleged concern that 'they' (the 'we') forgot to mention on the MIL's visa application that she supposedly works for the state government....

yep....porky pies.... "

"And yet you are absolutely sure??? How is that possible?

I doubt she was watching TV. "

[Noah Lot 391]

I would have tried to hear your answers, but look at the ####### you wrote:

"No one working for a state government gets a one year paid vacation....obviously she was working (likely providing child care) and now, after just returning, she 'needs' to 'visit' for another year? I imagine that on her first application she said she was going to stay just a few weeks....but then, suddenly, she decided to stay nearly a year....doing what? Watching TV? No wonder they denied her....this should be a lesson...do what you say, stay only as long as you announced, because if you don't, why would the consular officials believe a word you say the next time you apply for a visa?

And babysitting or child care is NOT allowed by B2 visa holders, no matter if the child they are caring for is a grandchild."

"I like that phrase....'porky pies'....kind gets to the heart of the OP's story.... Most people would have mentioned the passing of a dear loved one, especially a spouse, at the beginning of their posting...perhaps something like..."my MIL visited us a year ago, for the birth of our first child, but something terrible happened and my wife passed away during childbirth, so we needed my MIL to help out...."...but all we heard was some alleged concern that 'they' (the 'we') forgot to mention on the MIL's visa application that she supposedly works for the state government....

so...here's your chance....tell me which statement(s) are in error (based on the very limited information you posted originally)....

Was she watching TV or babysitting?

Do our laws allow B2 visa holders to work?

Did you mention, even briefly, in your first posting, what the actual situation was?

Can a senator order the embassy to do anything?

Will she be called upon to provide child care again?

Now, you may think that these questions and/or the sentences they were drawn from are '#######' as you so succinctly put it, but....what are the facts? Which answer or statement is wrong?

yep....porky pies.... "

"And yet you are absolutely sure??? How is that possible?

I doubt she was watching TV. "

[catknit 144]

Have you spoken with an immigration lawyer about a possible "inventive" solution to this issue? I know this will sound insane and only a well qualified attorney could really speak about the plausibility but you could hypothetically hire her as a housekeeper/nanny and sponsor her as a household employee. However, you WOULD have to pay her and pay her respective payroll taxes. As such, she's sort of burned her tourist visa abilities and technically you will be 100% honest about the reason for her staying in the US. Regardless of what she did or didn't do on a daily basis - when you are talking about 11 months in one place you are definitely crossing the line from tourist to resident.