Wifes mom denied from Poland

[tehans 52]

It is not a matter of support, it is a matter of countering the presumption that all tourists will not return to their own country. Why not wait until the wife is a citizen, and then she can bring your mother-in-law to the US, instead of trying to jump ahead of the process.

She is not trying to bring her here permanently, really she is not.

She only wants her to come for the birth of our baby in 4 months, stay for a while and go home. Her mom has no desire to move here. Is it so unbelievable

[DaveE 178]

She is not trying to bring her here permanently, really she is not.

She only wants her to come for the birth of our baby in 4 months, stay for a while and go home. Her mom has no desire to move here. Is it so unbelievable

Yep - it was a shock to me. I never imagined that a tourist visa would be so hard. The first time was for my daughter in law to be the maid of honor at our wedding. That refusal went over well with the wife. We just made a decision that we are going to keep having her apply again and again until they get tired of seeing her at the consulate, or the wait time for her F2B visa to become available. Really irks me that they can approve her coming here to live, but will not approve her to visit.

[Dan & Jenni 457]

Why not wait until the wife is a citizen, and then she can bring your mother-in-law to the US, instead of trying to jump ahead of the process.

sorry if i misread this but this is the way i understand that statement... the person who only wanted to visit the US is forced in to immigrating at a later date because a tourist visa wasnt granted due to immigrant intent which means that the US ends up with an immigrant that never wanted to be an immigrant???

[I AM NOT THAT GUY 5,715]

sorry if i misread this but this is the way i understand that statement... the person who only wanted to visit the US is forced in to immigrating at a later date because a tourist visa wasnt granted due to immigrant intent which means that the US ends up with an immigrant that never wanted to be an immigrant???

That is pretty much it. Even if the tourist never intended to immigrate, without stronger ties to the home country, than the desire to remain in the US with her daughter and newly born granddaughter, you can see why so many tourists end up overstaying.

On the other hand, many elderly immigrants to the US, end up returning back to the home country, out of sheer boredom when being saddled with the care of grandchildren, so both parents can work, not speaking the language, and missing old friends back home.

Edited March 20, 2012 by ☼

[tehans 52]

It is not crazy...it is just the way it is. Countries on the VWP had to meet certain criteria, which as of today, Poland has not met. I am sure you won't be surprised to learn that more than a few folks from Poland have used tourist visas to either work illegally in the US or to use it to gain access to this country and then 'forget' to return....blame them, not our laws. The US of A cannot just dole out tourist visas to everyone (certainly not without an extremely rigorous method of enforcing their departure from the US after a visit, and putting other things in place that would dissuade such activity....)

The main requirement to be in the visa waiver program is to have less than 3% of non immigrant visa applications denied.

So I would say it is the US that decides who is in, rather than those countries meeting the criteria

[dustingthestars 9]

Those travelling from VWP still have to qualify in the same way as those with visas if stopped and questioned. There are many documented instances of VWP travellers being refused entry to the US because of lack of ties to their home country. The US just happens to believe that travellers from VWP countries are less likely to break the rules - the figures you state prove that belief.

Leave it a short time and apply again. I believe each application is without prejudice.

Edited March 20, 2012 by dustingthestars

[tehans 52]

Those travelling from VWP still have to qualify in the same way as those with visas if stopped and questioned. There are many documented instances of VWP travellers being refused entry to the US because of lack of ties to their home country. The US just happens to believe that travellers from VWP countries are less likely to break the rules - the figures you state prove that belief.

Leave it a short time and apply again. I believe each application is without prejudice.

Ok thanks for the advice. It is a shame that the people that cheat the system ruin it for those of us that follow the rules.

[dustingthestars 9]

Ok thanks for the advice. It is a shame that the people that cheat the system ruin it for those of us that follow the rules.

Preaching to the choir here! We live in a world where the minority often dictate policy for the majority. Just regroup, see if you can get any other evidence for your MIL, and try again.

Have a look in the Europe and Eurasia forum, which Poland comes under, and see if there are any situations similar to your MIL's. It might give you some new information or some tips on how to make your MIL a better prospect for a non-immigrant visa. (http://www.visajourney.com/forums/forum/95-europe-eurasia-except-the-uk-and-russia/)

Good luck anyway!

[Noel194 53]

My MIL was denied the first time. SHe is divorced, owns no property and is retired. My wife is her only child. I had my Senator write a letter and I went to Kiev for the second interview. The Officer spent the entire time talking to me and asked my MIL 2 questions. He then said "You seem like an honest guy. You convinced me she will return" and approved the visa. It was only a single entry but when she reapplied they gave her a 5 year multi-entry. Did the Senator letter help? Who knows but I am sure it did not hurt. I know that 15 minutes after the visa was approved the Embassy sent an email to the Senator's office telling him the visa had been approved and that email was forwarded to me. Someone was concerned about what he thought.

[Fight for Love 98]

My wife's mom was denied a tourist visa, they say she is retired and has no other family and will stay. Poland is not a high fraud country.

Is there anything we can do at all? She is just coming for a few months when my wife has the baby in 4 months

if i were you better yet file a petition for her i heard it faster to petition a mother less than 6months. i known a lot of people who petition their mom or mother inlaw(parents). give it a shot

[aaydrian 479]

if i were you better yet file a petition for her i heard it faster to petition a mother less than 6months. i known a lot of people who petition their mom or mother inlaw(parents). give it a shot

Your giving poor advice. The OP stated that his MIL doesn't want to live in the US so you go ahead and suggest that the daughter petition for her mother to become a LPR then return to Poland to live her life? That is not the function of a green card and if the OP does as you've suggested then the GC will be revoked. This revocation may have consequences when the MIL truly desires to immigrate to the US.

[HuffyTheSlayer 22]

sorry if i misread this but this is the way i understand that statement... the person who only wanted to visit the US is forced in to immigrating at a later date because a tourist visa wasnt granted due to immigrant intent which means that the US ends up with an immigrant that never wanted to be an immigrant???

It is crazy, but yes. Some people from high-fraud countries will never be able to get a tourist visa, due to not having enough evidence to convince the IO that they don't have immigrant intent.

This happened with my co-worker. She is originally from China. Her parents wanted to come and visit her and their grandson in the US and see how they live over here. They were very happy and content with their lives in China and have 2 other adult children and other grandchildren there. They applied many times for tourist visas, but were denied every time.

Eventually my co-worker was able to convince them to try coming over to the US to live and applied for visas for them. They are now greencard holders. Her father is very easy going and doesn't mind living in the US very much, but her mother (much like my co-worker), is more of a social bee and loved being able to walk or get the bus wherever she wanted to go. In California, she can't do that and neither of them feel up to the challenge of driving on US roads since they never even drove much in China and they are older so it would take them a long time to learn the skills and information they would need to pass a driving test. So she is not as happy here and was much more reluctant to come. But they are giving it a shot and know that they can at least go back and visit China once or twice a year, so long as it is not for too long.

OP: I wouldn't give up too easily. Like others have said, at least give it a second shot.

If she is not successful, know that it is not always too bad on a long flight with a young baby. We took our son over to see my family when he was 6 months old, he slept most of the journey to the UK, he was up a fair bit on the return leg, but did well. We went over again when he was 10 months old and that was more of a challenge since he didn't sleep as much then as when he was younger and needed to be entertained more. Also, try and get a bulkhead seat as they usually can attach a travel cot for the baby to be strapped into when sleeping.

Good luck!

Edited March 20, 2012 by HuffyTheSlayer

[bigdog 376]

Go for it try again.

[jkb11 26]

Poland is generally a very low fraud country and a relatively low visa-denial rate country (less than 10%) - and we have a perspective of joining WVP. Unfortunately, neither I-134 nor any other assurances on your end will help her. She needs to present her case better and/or show more ties than she did. Other than that, there isn't much that can be done.

Cheers!

Edited March 20, 2012 by jkb11

[Fight for Love 98]

Your giving poor advice. The OP stated that his MIL doesn't want to live in the US so you go ahead and suggest that the daughter petition for her mother to become a LPR then return to Poland to live her life? That is not the function of a green card and if the OP does as you've suggested then the GC will be revoked. This revocation may have consequences when the MIL truly desires to immigrate to the US.

I know someone who has a GC who goes out the country for few months and get back without losing their GC. 1 year without the permit. 2 years ( and not one day more) with the permit. even ask an immigration lawyer will tell you that.

So I guess that kind of scenario will work for his mother in law. Just a thought!!!

http://www.wikilaw3k.org/forum/Immigration/How-long-a-green-card-holder-can-stay-out-of-USA-without-risking-green-card-455267.htm