Denied Tourist Visa to the US... What now??

[AmericanExpat 18]

My wife and I were married in Feb 2012. I am a US citizen, she is Malaysian. We live in Malaysia, I am there working, coming and going on a tourist visa there as my spouse visa processes. It's simple there, I just exit and reenter every 90 days with a stamp to my passport.

We just applied for a tourist visa for her, so we can visit my family in the US during Christmas. The embassy denied her! They said she might stay in the US, so we needed to show she had strong ties... to her own country?

I don't understand the problem for the life of me. If she did stay in the US, we'd just apply for the greencard, it would be perfectly legal, she is my wife after all.

We ask what we can show to demonstrate that we have no plans to stay in the US, they said they have no idea...

She does not want a greencard, it would be useless. We have absolutely no plans of living in the US, I'm not excited about going back and starting paying all those ridiculous taxes again. I have a great job in Malaysia, we just started a business together, own property, but the slow-minded embassy staff said non of that was enough to demonstrate "strong ties"...

Any suggestions? I don't know what else to do other than file a lawsuit for discrimination...

[apple21 953]

It's normal for the US Embassy to ask your wife to show strong ties to Malaysia.

She can do so by proving that she has a stable and good earning job, she has properties under her name (car, house, land, condo), and she has money/bank savings.

You might have felt discriminated, which is normal, but that's just how the Embassy do the screening. All aliens are presumed to have immigrant intent unless they prove otherwise by showing evidences that they have strong ties to their home country.

[AmericanExpat 18]

It's normal for the US Embassy to ask your wife to show strong ties to Malaysia.

She can do so by proving that she has a stable and good earning job, she has properties under her name (car, house, land, condo), and she has money/bank savings.

You might have felt discriminated, which is normal, but that's just how the Embassy do the screening. All aliens are presumed to have immigrant intent unless they prove otherwise by showing evidences that they have strong ties to their home country.

I'd understand if she was just a tourist. But she is married to an American citizen. She could stay in the US if we chose to, just file another application from there. How is that reason to not believe her, & me?

They specifically said that the problem is she is married to a US citizen... If she wasn't they would have given the tourist visa!

So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status. There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it...

[Abby-Ron 8]

I'd understand if she was just a tourist. But she is married to an American citizen. She could stay in the US if we chose to, just file another application from there. How is that reason to not believe her, & me?

They specifically said that the problem is she is married to a US citizen... If she wasn't they would have given the tourist visa!

So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status. There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it...

This is exactly what Embassy do not want, "So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status. There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it..." This is abusing the Tourist Visa, since your intent was not for your wife to live permanently in the US. So you either show ties with Malaysia (stable job, bank assets, property, businesses owed, etc) in order for Tourist Visa to be applicable, otherwise, you apply correctly and get a permanent visa for her to live in the US.

[Stephen + Elisha 92]

I'd understand if she was just a tourist. But she is married to an American citizen. She could stay in the US if we chose to, just file another application from there. How is that reason to not believe her, & me?

Actually, that's exactly the reason they don't believe her. Using a tourist visa in the way you describe is immigration fraud. A tourist visa is a non-immigrant visa. Under Section 214(b) of the Immigration and Nationality Act, applicants for non-immigrant visas must overcome the presumption of immigrant intent. The fact that your wife is married to a USC gives her an immediate basis upon which to adjust status once in the United States, thus making the presumption of immigrant intent that much stronger.

They specifically said that the problem is she is married to a US citizen... If she wasn't they would have given the tourist visa!

Yep. Sounds about right.

So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status.

... which would be immigration fraud if she entered on a non-immigrant visitor visa with the intent of adjusting status after entry.

There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it...

The legitimate reason is the consular officers' statutory duty to ensure that people don't use non-immigrant visas to immigrate. People with a basis for adjustment of status (i.e., immediate relatives of USCs) automatically have to meet a higher standard of proof for that reason.

Sorry your wife didn't get the visa.

[canadian_wife 1,822]

You are over-simplifying and misunderstanding the process

You wife does not have any rights to the US even though she is married to a US citizen. The fact that she is goes against her. Your simple thought of 'if we decided to stay in the US we'd just file another form'. Actually no, that is what the consulate is afraid of, that your wife is using her tourist visa to immigrate because it is quicker and less expensive. So yes, it is standard procedure to ask for her ties to Malaysia and it seems you didn't understand that aspect.

She may apply again, but expect a harder interview and she must prove ties to Malaysia

good luck

[AmericanExpat 18]

This is exactly what Embassy do not want, "So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status. There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it..." This is abusing the Tourist Visa, since your intent was not for your wife to live permanently in the US. So you either show ties with Malaysia (stable job, bank assets, property, businesses owed, etc) in order for Tourist Visa to be applicable, otherwise, you apply correctly and get a permanent visa for her to live in the US.

Yes, we did show all those. They did not want to see any of it...

Our intent is NOT to live in the US. I'm sick to death of it, and we're just going to visit family, then getting out before we're popsicles... Winter is not a nice time to visit New England... It's not possible to show strong ties when they A) Won't tell you what to show that would demonstrate those supposed strong ties and B) Won't even look at the documents that you do bring...

We Do Not want to stay. In and out. Tax free is how I want to stay. I'm just not understanding what exactly I have to show them to prove that, when (according to them) they don't even know what to show!

[AmericanExpat 18]

You are over-simplifying and misunderstanding the process

You wife does not have any rights to the US even though she is married to a US citizen. The fact that she is goes against her. Your simple thought of 'if we decided to stay in the US we'd just file another form'. Actually no, that is what the consulate is afraid of, that your wife is using her tourist visa to immigrate because it is quicker and less expensive. So yes, it is standard procedure to ask for her ties to Malaysia and it seems you didn't understand that aspect.

She may apply again, but expect a harder interview and she must prove ties to Malaysia

good luck

I think I'll need the luck.

According to the websites, if we were already there, she could apply while there. The costs and all the time it takes is the same, it is not quicker or less expensive applying while in the US. If I'd known it would be so difficult to bring my wife to my own country for a short visit, we would have gotten married there!

The fact is that I live and work out of the US, and have been doing so for years. I don't want to live there, and neither does she. I'd just like to be able to visit my family with my wife, like any normal US citizen does during this time of year... I have a job, so does she. We both own a business together, property, etc. All in Malaysia. When asked if they wanted to see any documents proving it, "No, that's not necessary" was the answer.

What do we need to do to demonstrate that we have no desire to migrate back into the US? I make more $$ OUT of the US than I would be in the US!

[Harpa Timsah 13,258]

Yes, we did show all those. They did not want to see any of it...

Our intent is NOT to live in the US. I'm sick to death of it, and we're just going to visit family, then getting out before we're popsicles... Winter is not a nice time to visit New England... It's not possible to show strong ties when they A) Won't tell you what to show that would demonstrate those supposed strong ties and B) Won't even look at the documents that you do bring...

We Do Not want to stay. In and out. Tax free is how I want to stay. I'm just not understanding what exactly I have to show them to prove that, when (according to them) they don't even know what to show!

Tax free? I hope you know you have to file taxes in the US no matter where in the world you live.

[AmericanExpat 18]

Tax free? I hope you know you have to file taxes in the US no matter where in the world you live.

Yes... Tax free. You only are liable after you earn a certain amount. File doesn't mean pay I don't work for a US company. I'll pass on the 33% taxes I was stuck with back there!

[Harsh_77 718]

I'd understand if she was just a tourist. But she is married to an American citizen. She could stay in the US if we chose to, just file another application from there. How is that reason to not believe her, & me?

They specifically said that the problem is she is married to a US citizen... If she wasn't they would have given the tourist visa!

So what if she did stay after we arrived? Then we could just file the paperwork from there, and adjust status. There seems to be no legitimate reason for them to keep the wife of an American citizen out of the country. She offered documentation, and they did not even want to see it...

For spouse of USC there is a established process and if your spouse would like to migrate she can go thru that.

USCIS or CO’s at embassy are not denying you from that, so your argument about being married to USC is not right.

Also I am thinking since you do not have a work visa there and you are using the tourist visa there to work does not prove that you are planning to stay there long term.

Newly established business might not be good enough to demonstrate strong ties to the home country.

[Harsh_77 718]

Yes... Tax free. You only are liable after you earn a certain amount. File doesn't mean pay I don't work for a US company. I'll pass on the 33% taxes I was stuck with back there!

Does not matter you work for US company or local company.

As as USC you are required to file the tax, you have to pay or not can be determined based on the tax return but you are required to file the tax and there is also another form (number is not on top of my head) that you have to fill out which you declare all the bank account in foregin country with max amount in thru out the year.

[Stephen + Elisha 92]

Here are the specifics that the embassy in Malaysia requires for a visitor visa: http://www.ustraveldocs.com/my/my-niv-typeb1b2.asp

Also, the fact that you don't yet have a spousal visa in Malaysia probably hurts your cause. Your wife needs to demonstrate established residency there, but for now her husband can only stay there for 90 days at a time. Look at it from a consular officer's perspective: what happens if your Malaysian spousal visa gets denied and/or you can't continue to renew your status 90 days at a time. As a USC, your easiest option is to head home—and if your wife has a B1/B2 in her passport, she can come with you or follow at any time thereafter and file to adjust status when she gets here. Voila, immigrant intent.

Once again, immigrant intent is presumed under the law. Consular officers have no leeway in interpreting that. The burden of proof is on the applicant to overcome that presumption.

If you decide to give it another try, you might want to bring documentation showing that you have a spousal visa in process in addition to documentation about your Malaysian business, real estate holdings, financial accounts, etc.

[Cathi 5,752]

Yes, we did show all those. They did not want to see any of it...

Our intent is NOT to live in the US. I'm sick to death of it, and we're just going to visit family, then getting out before we're popsicles... Winter is not a nice time to visit New England... It's not possible to show strong ties when they A) Won't tell you what to show that would demonstrate those supposed strong ties and B) Won't even look at the documents that you do bring...

We Do Not want to stay. In and out. Tax free is how I want to stay. I'm just not understanding what exactly I have to show them to prove that, when (according to them) they don't even know what to show!

The embassy does not care about the weather in New England or whether or not you turn into "popsicles". There is a legal way for US citizens to get visas for their spouses to the US, and that is not a visitor visa, it is an 130 petition for cr1/ir1 visa. You can argue all you want about what you think is right or wrong and it won't get you anywhere, you are talking to a group of people who took this process seriously, did their research,filed the correct type of petition for visa, paid all the fees, and waited in line. You are banging your head against a wall if you think that arguing your case here is going to convince any of us that you should be the exception to the rule. If I were you I would start reading the guides here at the top of the page, and if you want your spouse to be able to visit next year for the holidays you should start your petition soon. Good luck.

[aaron2020 11,651]

You feel your wife as a foreign national is ENTITLED to get a tourist visa.

You don't like paying US taxes. So you don't file US tax return as required because "you don't work for a US company." This is wrong, US citizens are required to report ALL income regardless of source on their income tax returns.

You think your words are enough. People at the US Embassy who are charged with enforcing immigration laws are stupid and know less than you.

Come on.

You don't pay your US taxes like you are suppose to. And yet you insist on receiving all the benefits. How do you think the rest of us US taxpayers think about providing a tax dodge with a tourist visa for his wife?

Get with the program or stay out. You and your wife are not special. You don't get an exception to the rules. We all followed the rules, so do you if you want to get your wife over to the US.

Edited November 13, 2012 by aaron2020