How to appeal and success rate

[Boiler 45,486]

We tend to see the iffy cases on here.

And I can think of plenty of examples where the USC has had a problem visiting the other half.

[Noah Lot 391]

I think you had some trouble understanding what I wrote.

We have two distinct situations here. One where a foreigner has a fiancee in their home country. The other where a foreigner has a fiancee in the United States.

Now, from what I've read on this forum, it seems like having a fiancee in the United States makes it more difficult to get a Visitor Visa. Which is perfetly understandable. A fiancee is a tie and the emotional burden of being away from the one you love is often times very difficult to bear.

So, emotional burden and all considered, why then would having a fiancee in your home country be worthless in your Visa interview? If the Consul views a US fiancee as a tie to the US then it should equally view a local fiancee as a tie to your home country. What is so irrational about that?

And from what experience did you get your knowledge? You tell just about everyone that they have no chance of getting a visitor visa, yet the statistics show that around 80% of ALL B2 applicants receive a Visa. Seems like you are on the one with the knowledge gap here, Noah.

How about nearly two years working behind the lines in two different consular sections overseas? how about two years and change working for an ethically challenged immigration attorney? And yours came from...??

Third world fiancees would much prefer their Amcit fiancee to one from their own country...after all, with your incredibly 'vast' knowledge of our immigration laws and procedures, which fiancee, if married, could arrange for a green card for the other? Think long and hard about this question...it will, no doubt, tax your 'intellect' to the limit.

[aaydrian 479]

In ANY country fiancées mean Jack **** as if that 1st world/developing/3rd world country applicant is successful at their interview it would be based on how they met the B2 visa criteria, one of which doesn't care about spouses unless they are married.

What's the difference between a boy/girlfriend and a fiance? Nothing but special words that cannot be accounted for and can be forgotten at the drop of a hat or USC to be realistic. Not so with marriage.

[Darnell 8,478]

Hello, everyone. It's been a while, but I need some advice from the more experienced here again. My sister was denied a tourist visa today. Needless to say how disappointed we are. She is 24years old, not married (living with my parents and her boyfriend of 7years), doesn't own anything and hasn't had a job for 2 years now. Horrible, I know. However with the unemployment situation in Bulgaria we just wrote in the application she's a homemaker. Plus I thought our good chances were in the fact that both my dad and my brother got 10year visas when they applied in 2010 to come for our wedding. My brother came and stayed for less than a month and went back to Bulgaria after that and my dad never used his visa.(This was all mentioned and checked at the interview). As far as evidence go we provided the invitation letter and a bank statement to prove we can take care of all expenses. We just wanted her to come here for a month since we can't go to Bulgaria due to work and vacation etc, we wanted to bring a piece of my family here to visit and meet my new family.

My question is, if I put all this in an email and write to the consul, what are my chances of success? In fact what are the steps of appeal? The part of bringing new evidence is not very good in this case, because my sister can't really find a steady job in the little town she lives. They don't want to go ahead and get married to bring a piece of paper to get a visa (her boyfriend has a good job and they are saving for a wedding now). The part with having children is not great either because the truth is she has fertility issues and they have been trying for 2 years now, unsuccessfully. (I will put this in the appeal email too).

So what do we do? Who do we write to? A congressman? A mayor? The US counsel in Bulgaria? Please give us an advice as I really want her to come and visit this summer. I understand the illegal aliens issues and all,but it hurts when you really are doing this for the right reasons and honest intentions.It's just devastating, because she has never even been outside of our hometown and for her to come here and experience the culture or to even fly on a plane will be amazing. Somebody somewhere must have a heart and understand that!!! Who do I write to? What do we do? Would it even help? Thank you.

it's my understanding that there is NO APPEAL PROCESS for a tourist visa, but one is certainly allowed to apply again, paying the fee.

All of the stuff that YOU want to send as 'evidence' ? is useless , as it's on the applicant to prove strong ties to the country she's living in, at the interview.

Here's the list for China - please understand that these rules are in place everywhere (China is tougher on fraud cause there's more fraud committed, daily) - http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#V1

So, have a read there, and refactor yer plan.

Good Luck on the next application !

[Noah Lot 391]

it's my understanding that there is NO APPEAL PROCESS for a tourist visa, but one is certainly allowed to apply again, paying the fee.

All of the stuff that YOU want to send as 'evidence' ? is useless , as it's on the applicant to prove strong ties to the country she's living in, at the interview.

Here's the list for China - please understand that these rules are in place everywhere (China is tougher on fraud cause there's more fraud committed, daily) - http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#V1

So, have a read there, and refactor yer plan.

Good Luck on the next application !

the above statements are accurate....there are no appeals...however, an applicant can reapply (paying the application fee again)...and all the letters/bank statements and promises made by interested third parties are as valuable as a politician's promise.

[pluna505 11]

So a fiancee in your home country is meaningless but a US fiancee can mean a denied B2 application? Brilliant. If the concern is that their relationship isn't real, then allow them to show evidence that would prove otherwise.

It amazes me the lengths we go to deny people the right to legally travel to the US when we have 20+ million LIVING illegally within our own borders. Combine that with the billions of dollars of drugs that get through, illegal goods, etc., and you really begin to wonder what all the fuss is in the first place.

And Noah ... sounds like you were neither a VO or an actual attorney. What does behind the lines even mean? File some papers? Make some coffee? Janitors are "behind the lines" as well yet I would never trust a word of advice they give about these issues.

[Darnell 8,478]

pluna, pardon, bless you..

but I'd trust Noah Lot's advice here. Why are you two arguing, anyway? Can stop soon?

[Noah Lot 391]

So a fiancee in your home country is meaningless but a US fiancee can mean a denied B2 application? Brilliant. If the concern is that their relationship isn't real, then allow them to show evidence that would prove otherwise.

It amazes me the lengths we go to deny people the right to legally travel to the US when we have 20+ million LIVING illegally within our own borders. Combine that with the billions of dollars of drugs that get through, illegal goods, etc., and you really begin to wonder what all the fuss is in the first place.

And Noah ... sounds like you were neither a VO or an actual attorney. What does behind the lines even mean? File some papers? Make some coffee? Janitors are "behind the lines" as well yet I would never trust a word of advice they give about these issues.

I must have missed that part in which you revealed from what restroom wall you obtained your non existent knowledge of our immigration laws and visa processes....in which WalMart do you work?

[SennaBrigante 92]

So a fiancee in your home country is meaningless but a US fiancee can mean a denied B2 application? Brilliant. If the concern is that their relationship isn't real, then allow them to show evidence that would prove otherwise.

It amazes me the lengths we go to deny people the right to legally travel to the US when we have 20+ million LIVING illegally within our own borders. Combine that with the billions of dollars of drugs that get through, illegal goods, etc., and you really begin to wonder what all the fuss is in the first place.

And Noah ... sounds like you were neither a VO or an actual attorney. What does behind the lines even mean? File some papers? Make some coffee? Janitors are "behind the lines" as well yet I would never trust a word of advice they give about these issues.

Maybe unless the applicant can show that they have made extensive preparations for the wedding already (venue reservation with downpayment, wedding invitation, church reservation, etc) then I don't know how else a VO can verify that they're REALLY engaged and not just "engaged" for the sake of a tourist visa. From what I've read around here, the VO wants to see some proof of ties, in writing from legal institutions since they can't go by word of honor or anything like that.

The strictness of the embassies is a direct result of the 20+ million LIVING illegals in the US. How else did a big chunk of that get into the country in the first place? I personally know of some people who got their tourist visas and never looked back. I'm also having trouble getting a tourist visa but I understand why.

[coocoo 2]

However knowledgeable Noah might be, I think he's simply rude. And all of us come to this forum in the hope of exchanging advice in a civilized manner, not judging and insulting each other. Honestly, I have seen much tougher situations on here - people whose USC husbands went to prison during AOS, people with criminal history and what not, and there are still people who reply their queries calmly. If you have a constructive idea, it's wonderful that you are willing to share it. But if all you're gonna do is write 30 lines justifying discrimination and making people feel bad about things they can't do anything about - like their birth place, I don't know who exactly you think you're benefitting. You're wasting your time and everybody else's. These girls are trying to get a legal permission to spend their money in the US, after all.

Unfortunately, I don't know a way to remedy the situation, other than trying again. I have heard of situations where the USC contacts the embassy with a complaint that the case has been rejected and stating that there is no fraud and that the rejection causes hardship on him and his family and things have worked out. But I don't remember details, you should search around and see if you can find this case in a forum. I'm sorry I can't help more, I just wanted to make you feel better, in case you were starting to think that everyone thinks like Noah.

I for my part, was also a young girl without any ties to my country when I got my tourist visa. Only, the country was in western Europe. It was a 5 minute interview and I got a 10 year visa right away. There is an element of discrimination, which cannot be denied.

Maybe she should save up her money for her wedding and come next summer or whenever she's married. I'm sorry you have to go through this.

[Boiler 45,486]

I have heard of situations where the USC contacts the embassy with a complaint that the case has been rejected and stating that there is no fraud and that the rejection causes hardship on him and his family and things have worked out.

I would expect that to have the opposite effect, would they not suffer those hardships if the person did not leave on time as well.

[coocoo 2]

I guess it depends what you view as a hardship. I think in that situation, the USC was referring to the fact that he can't be rejoined with his overseas family. The US family's kids had not met their grand-parents, something along those lines. I understand that it's basically down to the immigration officer to decide if that's a respectable hardship or a minor problem. But I know that all of us adjusting status are claiming this as a reason to apply for a travel document and it usually gets approved. Bulgaria is one of the few EU countries that can't travel to the US on a visa waiver, but this may also change soon! Then she can come and go as often as she wants. I understand that this is not something you can rely on and it may take some time.

Darry Lea, is your sister a student? If she is, she could apply for a internship visa and come work somewhere close to you for a month or two. I was at a waterpark yesterday and I chatted with some of the people working there, who were from Serbia and the Checz Republic and they told me it's a pretty easy ride. You experience the culture for a couple of weeks and you earn enough cash to travel around. I think they said it's a J visa?

[Derry Lea 2]

However knowledgeable Noah might be, I think he's simply rude. And all of us come to this forum in the hope of exchanging advice in a civilized manner, not judging and insulting each other. Honestly, I have seen much tougher situations on here - people whose USC husbands went to prison during AOS, people with criminal history and what not, and there are still people who reply their queries calmly. If you have a constructive idea, it's wonderful that you are willing to share it. But if all you're gonna do is write 30 lines justifying discrimination and making people feel bad about things they can't do anything about - like their birth place, I don't know who exactly you think you're benefitting. You're wasting your time and everybody else's. These girls are trying to get a legal permission to spend their money in the US, after all.

Unfortunately, I don't know a way to remedy the situation, other than trying again. I have heard of situations where the USC contacts the embassy with a complaint that the case has been rejected and stating that there is no fraud and that the rejection causes hardship on him and his family and things have worked out. But I don't remember details, you should search around and see if you can find this case in a forum. I'm sorry I can't help more, I just wanted to make you feel better, in case you were starting to think that everyone thinks like Noah.

I for my part, was also a young girl without any ties to my country when I got my tourist visa. Only, the country was in western Europe. It was a 5 minute interview and I got a 10 year visa right away. There is an element of discrimination, which cannot be denied.

Maybe she should save up her money for her wedding and come next summer or whenever she's married. I'm sorry you have to go through this.

Thank you for this. I could not have said it any better. When I posted the topic I was expecting a helpful advice, someone to share a story or give an idea. Instead what I got as true as they were were 10 replies from Noah stating my case means nothing and I should accept that. I got to the point when I didn't even care because I tried to explain so many times MY situation and my point of view and got shut down. In one of the replies I said now more than anything I just want to prove him wrong and even if nothing happened..oh well,you were right all along, stop shoving it in people's faces. And yes this is a forum for people to try and help other people and show support. I don't want somebody to tell me "Oh, it's gonna be fine, she's gonna get the visa" but I was not expecting to be told 100 times "You're a nobody and that's the way it should be."

And to Noah - Thank you for all the replies. Now I don't know if you're someone who actually cares about the cases and the people on this site and takes time to sit down and write down his opinion and advice...or you just find it amusing to read sad stories about relatives unable to visit each other. As unhelpful as they were from the beginning, I thank you. You sound like someone intelligent enough who knows what he's talking about. But in order to be heard and appreciated find a way to show you also have manners and compassion. Just an advice from me, that's all.

[Derry Lea 2]

I guess it depends what you view as a hardship. I think in that situation, the USC was referring to the fact that he can't be rejoined with his overseas family. The US family's kids had not met their grand-parents, something along those lines. I understand that it's basically down to the immigration officer to decide if that's a respectable hardship or a minor problem. But I know that all of us adjusting status are claiming this as a reason to apply for a travel document and it usually gets approved. Bulgaria is one of the few EU countries that can't travel to the US on a visa waiver, but this may also change soon! Then she can come and go as often as she wants. I understand that this is not something you can rely on and it may take some time.

Darry Lea, is your sister a student? If she is, she could apply for a internship visa and come work somewhere close to you for a month or two. I was at a waterpark yesterday and I chatted with some of the people working there, who were from Serbia and the Checz Republic and they told me it's a pretty easy ride. You experience the culture for a couple of weeks and you earn enough cash to travel around. I think they said it's a J visa?

It's called a J1 visa and I'm familiar with it. However she's not a student. We just wanted her to come here and stay with us for a month She wouldn't work, she doesn't even speak English. There have been talks that visitors visas in Bulgaria won't be required , but these talks have been around since we were accepted in the EU which was back in 2007. I wrote to the General Consul and the Congressman's office will send an email too so we'll see what happens. I was very hopeful when I heard of my friend's case, but I'm also realistic and know the chances of an overturn are less than slim. I guess we'll have to find the time off work and go visit my family in Bulgaria like we did last year. My sister and her fiance will get married hopefully sooner rather than later and then we'll see if that would make a difference.

Thank you for everything.

[coocoo 2]

It's called a J1 visa and I'm familiar with it. However she's not a student. We just wanted her to come here and stay with us for a month She wouldn't work, she doesn't even speak English. There have been talks that visitors visas in Bulgaria won't be required , but these talks have been around since we were accepted in the EU which was back in 2007. I wrote to the General Consul and the Congressman's office will send an email too so we'll see what happens. I was very hopeful when I heard of my friend's case, but I'm also realistic and know the chances of an overturn are less than slim. I guess we'll have to find the time off work and go visit my family in Bulgaria like we did last year. My sister and her fiance will get married hopefully sooner rather than later and then we'll see if that would make a difference.

Thank you for everything.

Good luck, girl! It's a bummer how hard it is to go spend your money abroad. Let us know if it works!