risk of applying for tourist visa after H4 visa denial

[marsha1110 0]

hello. i was been denied for H4 visa twice in manila. actually, in the second interview i could have been made it because the consul look for affidavit but unfortunately, i did not bring it. and now i want to apply for tourist visa because i just want to visit my husband even just for 2 weeks but im afraid they might deny me again. on the other hand, im thinking of applying for h4 visa again and provide them the affidavit they asked me before. whats the best thing to do.

[Noah Lot 391]

hello. i was been denied for H4 visa twice in manila. actually, in the second interview i could have been made it because the consul look for affidavit but unfortunately, i did not bring it. and now i want to apply for tourist visa because i just want to visit my husband even just for 2 weeks but im afraid they might deny me again. on the other hand, im thinking of applying for h4 visa again and provide them the affidavit they asked me before. whats the best thing to do.

There is no way they will give you a tourist visa since you have already shown a strong desire to go and live with your H1B hushand...why would they believe you would stay for 2 weeks? If your current request has been denied twice, that suggests that they may be concerned about some sort of marriage fraud or something...and giving you a tourist visa would not make sense.

Better to respond with whatever it was that they asked you for.

[Ning 619]

hello. i was been denied for H4 visa twice in manila. actually, in the second interview i could have been made it because the consul look for affidavit but unfortunately, i did not bring it. and now i want to apply for tourist visa because i just want to visit my husband even just for 2 weeks but im afraid they might deny me again. on the other hand, im thinking of applying for h4 visa again and provide them the affidavit they asked me before. whats the best thing to do.

I am afraid you will never get a tourist visa. Being married to a USC will stop any chance of that. Especially from a high fraud country like the P I. The only way to know is to pay the money & submit the docs. Study the strongest ties rule & remember they feel your ties are to your USC husband as soon as you cross the border. That is why you wont get the visa.

Keep in mind that all people with any type of visa are considered intending immigrants.

[Noah Lot 391]

I am afraid you will never get a tourist visa. Being married to a USC will stop any chance of that. Especially from a high fraud country like the P I. The only way to know is to pay the money & submit the docs. Study the strongest ties rule & remember they feel your ties are to your USC husband as soon as you cross the border. That is why you wont get the visa.

Keep in mind that all people with any type of visa are considered intending immigrants.

Wrong on all counts....she applied for an H4 visa (twice) which suggests her husband is NOT a USC; second, H1Bs, H4s and a few other types of non immigrant visa are NOT subject to INA 214b (immigrant intent). Ties to the Philippines play no role in an H4 application (though marriage validity easily could).

Of course, you could have her write one of those famous 'Ning' letters which.......will do nothing at all.

[marsha1110 0]

Thanks for all the reply. Actually i've been working in one of the most prestigious company here in Saudi Arabia for more than 5 yrs already and one of the priveleges employees can get here is the free airway ticket which we can avail twice a year wherever country we wish to go to. This is the reason why many filipinos here get the oppurtunity to apply for tourist visa at the US embassy here in Saudi and always been successful to be issued the said visa because of the good intentions that they would really come back and for a good reputation of our company which prompted me to apply for a tourist visa. It's just that I already had a record at the US embassy. And I'm pretty sure that I would have been issued a tourist visa if I did not apply for H4 visa before.(hope you get my point).

I just want you to know that that I was not involved in any fraud or something. Anyway it's a long story and you could never understand the reason why I was denied unless you're a Filipino Citizen.

How I wish I could have that tourist multiple visa so I could visit my husband every 6 months. That would be enough for me and my husband. It would be more practical for us since my tickets would be free unlike if he's the one to travel, it would cost him a lot of money.

[marsha1110 0]

What I want to ask is this: With the information I have mentioned above, do you think I will get a chance to be issued a tourist visa?

I really have a good intention of coming back but the question is: Will it be affected by my H4 denial?

[Penguin_ie 5,994]

***** One personal attack an d one post quoting same removed. If you want to bicker, do so in PMsz, not in someone else's thread! *****

[Noah Lot 391]

Thanks for all the reply. Actually i've been working in one of the most prestigious company here in Saudi Arabia for more than 5 yrs already and one of the priveleges employees can get here is the free airway ticket which we can avail twice a year wherever country we wish to go to. This is the reason why many filipinos here get the oppurtunity to apply for tourist visa at the US embassy here in Saudi and always been successful to be issued the said visa because of the good intentions that they would really come back and for a good reputation of our company which prompted me to apply for a tourist visa. It's just that I already had a record at the US embassy. And I'm pretty sure that I would have been issued a tourist visa if I did not apply for H4 visa before.(hope you get my point).

I just want you to know that that I was not involved in any fraud or something. Anyway it's a long story and you could never understand the reason why I was denied unless you're a Filipino Citizen.

How I wish I could have that tourist multiple visa so I could visit my husband every 6 months. That would be enough for me and my husband. It would be more practical for us since my tickets would be free unlike if he's the one to travel, it would cost him a lot of money.

Clearly something is amiss with your case...and applying for a tourist visa will only bring forth whatever doubts/concerns the embassy has already had with your previous applications....and, the COs know only too well that if they were to give you a tourist visa, you would (likely) use it to change status to H4 once you arrived in the US.

[marsha1110 0]

Clearly something is amiss with your case...and applying for a tourist visa will only bring forth whatever doubts/concerns the embassy has already had with your previous applications....and, the COs know only too well that if they were to give you a tourist visa, you would (likely) use it to change status to H4 once you arrived in the US.

I see. Actually, we have another option and that is for me to apply for H1B visa as what my husband did. His company is also willing to give me sponsorship and hire me directly. This one I think is much better than applying for tourist visa. Am I right?

[Noah Lot 391]

If you are qualified for an H1b and have no other issues that might prevent issuance of this visa (like fraud, for example. I bring this up only because it is quite rare for an H4 to be denied...and about the only thing standing in the way would be serious doubts about the relationship, assuming the applicant (you, in this case) did not already have other visa ineligibilities (which it doesn't sound like).

I realize you don't want to share the details, and that is understandable...but you have to admit (well, you don't really have to!) that a twice denied H4 is uncommon...suggesting strong doubts about this relationship are in the minds of the consular officials.

Has your husband been married previously? Or did you marry moments after he got an H1b? (again, you don't have to reply)

[marsha1110 0]

If you are qualified for an H1b and have no other issues that might prevent issuance of this visa (like fraud, for example. I bring this up only because it is quite rare for an H4 to be denied...and about the only thing standing in the way would be serious doubts about the relationship, assuming the applicant (you, in this case) did not already have other visa ineligibilities (which it doesn't sound like).

I realize you don't want to share the details, and that is understandable...but you have to admit (well, you don't really have to!) that a twice denied H4 is uncommon...suggesting strong doubts about this relationship are in the minds of the consular officials.

Has your husband been married previously? Or did you marry moments after he got an H1b? (again, you don't have to reply)

[/quote

This was my case:

I was denied because they have some questions about the validity of our marriage certificate which is legally registered by NSO (National Statistics Office).

My status now in the Philippines is legally married. In fact, I have already changed my surname so I am now using the last name of my husband, even in my passport.

The thing is, our marriage was under Family Code of the Phil. Art. 34 which says:

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

Now, the consul asked me when did wte start to live together as husband and wife? I answered the exact date of our marriage, NOv 10, 2009 which is contradicted to what is written under art. 34 that we should have lived together 5 yrs before marriage. By the way, I was interviewed last Nov. 26, 2010 and the 2nd time was last July this year.

Under this art. 34, it should be 5 consecutive years that we had to live in one roof.

And this is the story of our relationship:

2000-2002- we lived together

Nov. 2002- I went to Saudi

Oct 2003- my husband (was then my bf) followed me but we did not live together because it is not allowed in Saudi to live in one house if you are not married

nov 2005- we went back to Phil.

July 2006- i went back to saudi

Oct 2006- he followed me again but this time we rented a room that we only met there during weekend.

Nov 2009- we went back to Phil to get married

dec 2009- back to saudi

aug 2010- my husband left saudi for USA

nov 2010- i was interviewed and got denied

july 2011- i tried again, they asked for affidavit. unfortunately i did not bring it.

I was actually given an affidavit of explanation by the solemnizing officer who officiated our marriage in the City Hall of Manila but I did not bring it because somebody told me that the consul would not even consider it. I was totally in despair that time, I blamed myself in listening to those people giving such advice like that.

I'm trying to figure out if this affidavit could save me since this was the one they were looking for. What do you think? What should I do? Thank you.

[Noah Lot 391]

If you are qualified for an H1b and have no other issues that might prevent issuance of this visa (like fraud, for example. I bring this up only because it is quite rare for an H4 to be denied...and about the only thing standing in the way would be serious doubts about the relationship, assuming the applicant (you, in this case) did not already have other visa ineligibilities (which it doesn't sound like).

I realize you don't want to share the details, and that is understandable...but you have to admit (well, you don't really have to!) that a twice denied H4 is uncommon...suggesting strong doubts about this relationship are in the minds of the consular officials.

Has your husband been married previously? Or did you marry moments after he got an H1b? (again, you don't have to reply)

This was my case:

I was denied because they have some questions about the validity of our marriage certificate which is legally registered by NSO (National Statistics Office).

My status now in the Philippines is legally married. In fact, I have already changed my surname so I am now using the last name of my husband, even in my passport.

The thing is, our marriage was under Family Code of the Phil. Art. 34 which says:

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

Now, the consul asked me when did wte start to live together as husband and wife? I answered the exact date of our marriage, NOv 10, 2009 which is contradicted to what is written under art. 34 that we should have lived together 5 yrs before marriage. By the way, I was interviewed last Nov. 26, 2010 and the 2nd time was last July this year.

Under this art. 34, it should be 5 consecutive years that we had to live in one roof.

And this is the story of our relationship:

2000-2002- we lived together

Nov. 2002- I went to Saudi

Oct 2003- my husband (was then my bf) followed me but we did not live together because it is not allowed in Saudi to live in one house if you are not married

nov 2005- we went back to Phil.

July 2006- i went back to saudi

Oct 2006- he followed me again but this time we rented a room that we only met there during weekend.

Nov 2009- we went back to Phil to get married

dec 2009- back to saudi

aug 2010- my husband left saudi for USA

nov 2010- i was interviewed and got denied

july 2011- i tried again, they asked for affidavit. unfortunately i did not bring it.

I was actually given an affidavit of explanation by the solemnizing officer who officiated our marriage in the City Hall of Manila but I did not bring it because somebody told me that the consul would not even consider it. I was totally in despair that time, I blamed myself in listening to those people giving such advice like that.

I'm trying to figure out if this affidavit could save me since this was the one they were looking for. What do you think? What should I do? Thank you.

From what you have written, you apparently have NOT met the requirements of your own country's rules..I don't see 5 consecutive years living together (perhaps 3) and no affidavit from some random third party will change those facts....so in the eyes of the CO, you are NOT legally married. An affidavit from the same people who printed the official certificate of marriage has the same value as the certificate...none....there is no reason for the CO to believe a self serving statement, which is what it sounds like to me.

I think you have your own countrymen to thank for this, given the relative high level of document fraud that exists in the Philippines....it makes it almost impossible for any document to be considered as valid.

[marsha1110 0]

so what affidavit they want me to provide for?

Actually, we're not truly aware about that art. 34. The solemnizing officer just asked us how long we had been in our relationship and we said more than 9 yrs already and that's it. It was actually civil wedding only and supposedly to be followed up by church wedding after a year of the civil wedding but the oppurtunity came along with my husband and grabbed it right away.

The thing is, we are legally married in the Phils because our marriage certificate is registered by National Statistics Office.

Well, yeah, how i wish it is not registered so that we can just throw that marriage cert. away but we can't. No matter how many times we get married, they will still honor the first wedding because that is what is filed in the NSO.

[Boiler 45,568]

I think this is the very first H4 I have seen refused, better to sort the H4 out than waste time on a B2.