Tourist Visa Denied to Son --- cannot understand it

[0789 0]

hi i have one question if anyone can answer ... is it possible to get usa tourist visa if immigration for canada is pending ? i want to visit usa( 5 days to atttend some function) but immigration for canada is in process it will take some time ( m from india)and i got mail from canada high commision to subbmit my passport but i told them cant subbmit at the time bcz i want to travel usa and canada will hold my passport for 3 months so i request them i will send my passport after returning from usa and they agreed to it so my ques is is it poss to get tourist visa if i ll show them all these proofs( all correspondence from canada office ) obviously m not gona stay in usa my husband is from canada and one drawback is like at a moment m doing nothing like no job and work and i dnt have any property on my name its on my parents name and i have joint account with my parents and one with husband ( i also been to UK once on work visa and return back without overstaying) ..... soo plzz replyy should i take a chance or not ??? m so confuseddd

[ExpatChiangMai 0]

...your step-son is not an American citizen and is not entitled to anything, whether, its a tourist visa or immigration or an explanation.

That attitude may be accurate, but it also demonstrates why America has so few friends around the world. Arrogance. If the situation was reversed and an American was denied entry to a country to visit family, they would probably demand an explanation.

So I think you are correct with American policy toward other nationalities in so many ways. You see it in the arrogance in comments from many consulate employees on this forum. It is too bad.

[aaydrian 479]

Answering your question, NO my son at this point has no desire or need to migrate to the US. And my wife and I are very well settled in Thailand and have no desire to live in the US any more. We'll stay here for the duration. We applied for my son's green card four years ago in order to have an option for him. If he has a desire to go there and pursue opportunities, he would be able to do it with that card. And we do have some family business interests in the US that he could maintain --- and will have to do that after my wife and I are passed on. He has a sister living there (my step daughter) that a US citizen married to an American native born, and has some wonderful kids --- my grandchildren --- that our son has never even met. And my son has never met other family members that are unable to come to Thailand because of age (too old or too young). The purpose of the visitor visa we were applying for was for a two week visit back to the US, to meet with family and do a little personal business. My wife is handicapped right now because of a car accident and is unable to use her right arm. My son would be going with her to help her, to see family, to see a few sights and then return home with my wife back to Thailand (I am staying here).

My son's income in Thailand is comparable to a US income. He is married, and his wife also owns a small business in Thailand. He is adequate assets in Thailand. He would absolutely return from his two week vacation in the US, and anyone examining his personal situation would agree. Unfortunately, the consulate employee that interviewed him did not even look at any of this. His interview was less than 3 minutes long. He simply said, can't do it because it is against the law with a green card application pending (and there is no law like that), and to "try again" (which translates to "pay again"). It took him hours to prepare all the paperwork, and we paid a fee which I think is unreasonably high ($160), and it seems to me that he should have been given more consideration.

You will have a problem with the highlighted sections of your comment. In order for your step son to be granted a family based immigrant visa, F1 in your case, your wife has to show US domicile (that she lives there) because the function of these types of visa is to bring families together in the US. Someone who is more of an expert will hopefully expound on this.

Yes you feel wronged but you are no different from the many who think they and their family are special or the exception. They, like you, think their visa denial is BS and attempt to demand answers but end back at square one. They all think they deserve 30 minute interviews. In the eyes of the CO all tourist visa applicants are the same, presumed to be a visitor that will not go home when his I-194 expires. It's up to applicants and the strength of their ties, demeanor and situation to prove otherwise.

Just to add I don't know of any law that says Thais who have a pending petition will not be granted a B1/B2 visa. However non Thai folks on visa journey have been successful with this.

Edited September 15, 2012 by aaydrian

[ExpatChiangMai 0]

You will have a problem with the highlighted sections of your comment. In order for your step son to be granted a family based immigrant visa, F1 in your case, your wife has to show US domicile (that she lives there) because the function of these types of visa is to bring families together in the US. Someone who is more of an expert will hopefully expound on this.

Yes you feel wronged but you are no different from the many who think they and their family are special or the exception. They, like you, think their visa denial is BS and attempt to demand answers but end back at square one. They all think they deserve 30 minute interviews. In the eyes of the CO all tourist visa applicants are the same, presumed to be a visitor that will not go home when his I-194 expires. It's up to applicants and the strength of their ties, demeanor and situation to prove otherwise.

Just to add I don't know of any law that says Thais who have a pending petition will not be granted a B1/B2 visa. Non Thai folks on visa journey have been successful with this.

Thanks. Your comment is well understood, and well stated. I do think that after the effort and the payment that someone makes to the consulate for an interview that yes, they are entitled to a longer time for an interview. Spending hours putting things together and paying $160 should give a person longer than 3 minutes for a cursory look over. Maybe a half hour is too much to expect, but how ten minutes?

I will be expressing my views on some websites (including my own) and try to motivate elected representatives to do something about this system.

Oh, and to answer your question about a US domicile, we have a family home in California as well as our Thailand home. My wife and I just prefer living in Thailand, but we also have the US address and have personal things (like a bank account, etc.) with our US address. And we still get mail there --- the whole works. It is my house, but my heart is with my home in Thailand, and I prefer just to stay here (it is certainly less stressful).

[aaydrian 479]

hi i have one question if anyone can answer ... is it possible to get usa tourist visa if immigration for canada is pending ? i want to visit usa( 5 days to atttend some function) but immigration for canada is in process it will take some time ( m from india)and i got mail from canada high commision to subbmit my passport but i told them cant subbmit at the time bcz i want to travel usa and canada will hold my passport for 3 months so i request them i will send my passport after returning from usa and they agreed to it so my ques is is it poss to get tourist visa if i ll show them all these proofs( all correspondence from canada office ) obviously m not gona stay in usa my husband is from canada and one drawback is like at a moment m doing nothing like no job and work and i dnt have any property on my name its on my parents name and i have joint account with my parents and one with husband ( i also been to UK once on work visa and return back without overstaying) ..... soo plzz replyy should i take a chance or not ??? m so confuseddd

Your attempt at a US visiting visa will not be affected negatively or positively by your pending Canadian immigrant visa. Considering you know what you're up against: your lack of ties to India (property, work, school, husband or kids) and your country of origin a denial is very likely to happen. No one here or anywhere can guarantee you will or you won't get the visiting visa so still give it a try, you might be surprised.

Edited September 15, 2012 by aaydrian

[aaydrian 479]

Thanks. Your comment is well understood, and well stated. I do think that after the effort and the payment that someone makes to the consulate for an interview that yes, they are entitled to a longer time for an interview. Spending hours putting things together and paying $160 should give a person longer than 3 minutes for a cursory look over. Maybe a half hour is too much to expect, but how ten minutes?

I will be expressing my views on some websites (including my own) and try to motivate elected representatives to do something about this system.

Oh, and to answer your question about a US domicile, we have a family home in California as well as our Thailand home. My wife and I just prefer living in Thailand, but we also have the US address and have personal things (like a bank account, etc.) with our US address. And we still get mail there --- the whole works. It is my house, but my heart is with my home in Thailand, and I prefer just to stay here (it is certainly less stressful).

People here will tell you that COs don't care how much time you spent doing this or how unfair it is to do that or how emotional this journey is or has been. COs are there to look at the information given and or facts, nothing more nothing less. Sometimes it takes a consular officer 45 minutes to get to the point of Yes or No then at other times it is only a 2 minute interview that ends with a Congratulations or Sorry. As long as they follows the rules COs pretty much do as they please because this entire visa process B1/B2, K1, J1, F1 etc is a privilege not a right.

You may have to use tax to show US domicile along with bills in your wife's name, rent, lease or mortgage, a job etc. At the appropriate stage you may also find that they use your wife's travel history to decide if she honestly is living in America based on the info taken at the US airport (when she left, how long she's been out, when she returned, if she returned). As I said I'm no expert but the things I listed may be what you have to work with.

Edited September 15, 2012 by aaydrian

[Ihavequestions 419]

You may have to use tax to show US domicile along with bills in your wife's name, rent, lease or mortgage, a job etc. At the appropriate stage you may also find that they use your wife's travel history to decide if she honestly is living in America based on the info taken at the US airport (when she left, how long she's been out, when she returned, if she returned). As I said I'm no expert but the things I listed may be what you have to work with.

With the age of digital passports and airline passenger manifests going straight to the US federal government, long gone are the days of 'accidently' washing a passport (alone with all of its entry and departure stamps).

The government knows who leaves and how long they've been gone.

[0789 0]

Your attempt at a US visiting visa will not be affected negatively or positively by your pending Canadian immigrant visa. Considering you know what you're up against: your lack of ties to India (property, work, school, husband or kids) and your country of origin a denial is very likely to happen. No one here or anywhere can guarantee you will or you won't get the visiting visa so still give it a try, you might be surprised.

thnxx for the replyy actually i soo confused i want to take chance but m worried because if i apply it will delay my canada immigration for 2 more months ye thats the drawback but my parents own a property here can i show that ??? and my husband also owns a huge property in canada can i show that to them and he is the one who goin to take care of my expenses for my trip he too is joining me but he dont need a visa to travel .. any one have similar situation ???

[Harpa Timsah 13,258]

thnxx for the replyy actually i soo confused i want to take chance but m worried because if i apply it will delay my canada immigration for 2 more months ye thats the drawback but my parents own a property here can i show that ??? and my husband also owns a huge property in canada can i show that to them and he is the one who goin to take care of my expenses for my trip he too is joining me but he dont need a visa to travel .. any one have similar situation ???

Please start your own thread. Do not hijack someone else's.