Non-Immigrant visa

[therock1984 0]

Im looking for some advice regarding a non-immigrant visa for my wife. My wife has been denied three times for a non-immigrant visa (twice since we have been married).We have been married three years and the first time she applied since we had been married was about a year and a half after we had been married. The second time was pretty much a year to the day after that one. Each time she has been denied on the grounds of not enough ties to her home country.

Background info:

She is from Suriname.

I am from the Cayman Islands. We live in the Cayman Islands.

We have two children, a mortgage, two cars, and we both make pretty good salaries.

Shes applied so we can do the whole disneyworld thing as a family but has not been successful to date. Im looking to see if anybody has some advice on what else could define strong ties because I of course think she has some pretty good ones already.

Thanks,

[Kathryn41 3,205]

post removed at the poster's request

[Kathryn41 3,205]

It appears she has family and employment ties in the Cayman Islands but you haven't provided any for Suriname. What is her legal status in Caymans?

I see two considerations here - and I suspect they are be inter-related. It sounds like the Consulate is requesting proof of her ties to Suriname. She may well not have very many if she is living in the Caymans so this is a way to 'kill two birds with one stone' - to prevent her from becoming an illegal immigrant to the US - but also to prevent you from doing the same. As a citizen of the Cayman Islands you and your children do not require visas to visit the US. Your wife's main ties to the Caymans seem to be family ties - but if her family is travelling with her to the US for the Disney experience then those 'ties' disappear. Her ties are to her family - and her family is visiting the US, and if her family stays in the US so will she. By not issuing your wife a visa, the Consulate is trying to stack the deck to ensure you return home as well - by ensuring she doesn't go to the US with you. They can't deny you a visa since one isn't required (although the border could deny you entry) but they can deny her one, and apparently have. It is a sticky situation and I am not sure if you will be successful in overcoming it in order to have the whole family visit Disney world.

Did she provide evidence of the mortgage (how much equity do you have in the house, btw?), the car ownership and letters from both employers stating a specific period of time when you are expected back at work? You could try providing proof of all of your ties - yours as well as hers - such as property ownership, proof of employment and time allowed away from work for both of you, any other family or elderly family members remaining in the Caymans (or Suriname) for whom you are responsible for; proof of property ownership and financial situations that require your ongoing presence in the Caymans, things like that. You may also wish to provide evidence of traveller's health insurance for the same period of time that you would be in the US and proof of planned travel arrangements (although you won't want to book tickets yet).

Family ties won't be enough in this situation. You need to provide enough evidence to the Consulate that all of you will need to return to the Cayman's rather than just proving ties for her return to the Cayman's in order to stand a bit better chance of success.

Good luck.

Edited December 5, 2011 by Kathryn41

[Kathryn41 3,205]

2 additional posts removed also at the request of their poster

[therock1984 0]

Thanks for the response Katherine.

To answer your questions:

1) She has a residency and employment rights certificate through marriage to a Caymanian (me). This means she can live here permanently and except employment from whomever as long as we remain married.

2) Both times that she has done the visa interview she did have all the documentation on hand but the officer did not ask to see any of it. We had job letters, mortgage agreement (we co-own the property), marriage certificate, car ownership papers, bank statements and police records. We didnt have any letter from the employer stating a specific time regarding her return back to work, but they didnt ask for it anyway. The consular officer did ask about health insurance and the health insurance we have can be used in the US.

3) My father has a timeshare in Orlando so we were planing to stay there during the trip.

I mean kathryn.

[Boiler 46,012]

Probably would help if she obtained Cayman Citizenship.

[therock1984 0]

Becoming a citizen is still another 4 years out so we were wanting to all go at an age the children would really be into it but looks like we are going to have to wait on that one.