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

[EAS 45]

The CR-1 application states no where that I have to be living in the US though... where do you find that information? It's sure not stated anywhere...

-- CLIP --

Another simple and fast search yeilds:

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

[Kathryn41 3,205]

One post has been removed at the OP's request as he has reposted the information

[AmericanExpat 18]

Another simple and fast search yeilds:

Soooo... let me get this right. Cant be a tourist because "assumed she'll want to stay". Can't apply for a greencard because we don't live there, nor do we want to live there? What a load of BS. I think the gremlins wrote this policy.

[Harpa Timsah 13,258]

She CAN be a tourist once she proves she will return to Malaysia. Some good, fairly short term ideas have been given in this thread. Another question: has she travelled anywhere else in the world?

[EAS 45]

Soooo... let me get this right. Cant be a tourist because "assumed she'll want to stay". Can't apply for a greencard because we don't live there, nor do we want to live there? What a load of BS. I think the gremlins wrote this policy.

No, you don't have it right. She can apply for a tourist visa and IF she can prove to the satisfaction of the granting authority that she will not overstay her legally permitted presence then she will be issued a visa.

It really is as simple as that.

She, your wife, does not have a right to be admitted to the US. It is a privilege to be granted at the discretion of the US Government. You as a United States Citizen do not have the right to admit anyone to the US. You can only ask the US Government to admit someone on your behalf.

Your marriage to her, your wife, does not make her a United States Citizen nor does it grant her VIP treatment with regards to a tourist visa. Indeed, the fact that she is married to a United States Citizen is a valid reason for the immigration authorities to be concerned that her intent is to immigrate to the United States. Yes, you say that immigration is not her intent, but it is very rare for someone intending to commit fraud to announce it to the authorities prior to committing the fraud. [NOTE: I am NOT saying or implying in any way that she intends to commit fraud.] It is, therefore, up to the immigration officials to attempt to detect potential fraud and to try to prevent the fraud from occurring. Thus they have instituted a burden of proof on the potential beneficiary.

As others have said, the laws [regulations and policies] are in place due to previous abuse of the immigration system.

[AmericanExpat 18]

No, you don't have it right. She can apply for a tourist visa and IF she can prove to the satisfaction of the granting authority that she will not overstay her legally permitted presence then she will be issued a visa.

It really is as simple as that.

She, your wife, does not have a right to be admitted to the US. It is a privilege to be granted at the discretion of the US Government. You as a United States Citizen do not have the right to admit anyone to the US. You can only ask the US Government to admit someone on your behalf.

Your marriage to her, your wife, does not make her a United States Citizen nor does it grant her VIP treatment with regards to a tourist visa. Indeed, the fact that she is married to a United States Citizen is a valid reason for the immigration authorities to be concerned that her intent is to immigrate to the United States. Yes, you say that immigration is not her intent, but it is very rare for someone intending to commit fraud to announce it to the authorities prior to committing the fraud. [NOTE: I am NOT saying or implying in any way that she intends to commit fraud.] It is, therefore, up to the immigration officials to attempt to detect potential fraud and to try to prevent the fraud from occurring. Thus they have instituted a burden of proof on the potential beneficiary.

As others have said, the laws [regulations and policies] are in place due to previous abuse of the immigration system.

It should be simple as that. The only problem is presenting immigration with plenty of proof that she has no intent on staying isn't enough, nor do they seem to have any idea what would be enough. How to prove it? Most of the information suggested by people here she had and tried to present, but they wouldn't even look at it. They focused on me not having resident status here, which isn't required here. I can just come and go as often as I'd like. Visa on Arrival.

If owning a new business, property, employment in your home country, money in the bank, etc isn't enough... I'm just not sure how to prove it. Other than applying for the GC, then giving it back when we're done visiting... Sure a waste of money, but I suppose that would demonstrate we have no intention of staying...

Besides all this, tourist visa's issued to Malaysians are multiple entry, 6 year visas. Are they really so daft to think that if we DID stay, we wouldn't apply for a GC within 6 years? We'd be there legally... why wouldn't we?

It just seems like they actually require a GC if your married to an American. Even if he doesn't live in the US. Strange policy. There needs to be some sense inserted to it.

Sure, some people abuse it, doesn't mean everyone will. What happened to the whole "we evaluate on a case by case basis" bit? Obviously they don't.

[AmericanExpat 18]

She CAN be a tourist once she proves she will return to Malaysia. Some good, fairly short term ideas have been given in this thread. Another question: has she travelled anywhere else in the world?

She's tried to demonstrate property ownership, assets, employment, etc. Only thing left to show is that I have a spouse visa in Malaysia (even though it's supposed to be about her). Already tried to show my employment history abroad, my consultant work in Malaysia, we own a new company together here, etc. No use.

She's traveled throughout Asia, Australia, and Europe... She didn't stay in any of those countries either. Why would she? All family connections, ties, and everything else is in Malaysia. She's not a village girl, she's set here. There would be nothing for her in the US that she doesn't have better in Malaysia. Interviewer just wouldn't listen to it. Hard headed...

[EAS 45]

She's tried to demonstrate property ownership, assets, employment, etc. Only thing left to show is that I have a spouse visa in Malaysia (even though it's supposed to be about her). Already tried to show my employment history abroad, my consultant work in Malaysia, we own a new company together here, etc. No use.

She's traveled throughout Asia, Australia, and Europe... She didn't stay in any of those countries either. Why would she? All family connections, ties, and everything else is in Malaysia. She's not a village girl, she's set here. There would be nothing for her in the US that she doesn't have better in Malaysia. Interviewer just wouldn't listen to it. Hard headed...

From what I have read you attempted it once. There is a proverb:

'Tis a lesson you should heed:Try, try, try again.If at first you don't succeed,Try, try, try again.

I won't make any further statements about your interactions with the Embassy staff as we only have one side of the story.

If it is important enough to you then you will not accept an initial failure. Surely you have learned that from being a consultant! You are not always awarded every potential engagement, are you? Do you never submit another proposal to a firm once they have not awarded you work once?

[Harpa Timsah 13,258]

Besides all this, tourist visa's issued to Malaysians are multiple entry, 6 year visas. Are they really so daft to think that if we DID stay, we wouldn't apply for a GC within 6 years? We'd be there legally... why wouldn't we?

This is why you won't get the visa. All of the explanation here and you still think this. Talk about hard headed.

[Stephen + Elisha 92]

Besides all this, tourist visa's issued to Malaysians are multiple entry, 6 year visas.

In general, yes. Always? I doubt it. The number of entries and duration of a visitor's visa is at the issuing consulate's discretion.

Not only that, but a visa does not guarantee entry to the United States. That determination is made by the CBP officer at the point of entry. You can find posters here with stories of being denied entry and turned back at the border despite holding a valid visitor visa because they had a fiance or immigrant visa in process and the IO didn't think they had enough evidence that they intended to "just visit."

You can also find plenty of stories of people denied entry despite a valid visitor's visa because they were abusing the visa. Just because the visa is good for multiple 6-month stays over a 6-year period doesn't mean that you can stay 6 months, leave for a few days or a week, and then come back repeatedly. CBP catches on very fast; a person doing this might get a warning that they're visiting too often and are in danger of being denied entry. Or they might just get denied entry. What you're doing in Malaysia (multiple back-to-back visitor visas/renewals) would never fly in the US.

Bottom line: US immigration law and policy differs greatly from Malaysian immigration law and policy. That's not going to change any time soon. You're certainly not going to change it. And the only people who are going to suffer if you maintain this recalcitrant attitude are you and your wife. I've defended you on this thread when others have unfairly maligned you. But enough is enough. Immigrant visas and green cards are for immigrants, not visitors. Visitor visas are harder to get for people with significant ties to the United States (and they don't get much more significant than a USC spouse). Reapply for the visitor visa when you have more evidence or your situation changes (i.e., Malaysian residency granted). 'Til then, give it a rest.

[Darnell 8,478]

To the Expat in Malaysia, filled with righteous indignation.....

Please schedule an appointment with American Citizen Services at the Embassy, and ask a Consular Officer 'what to do' to obtain a tourist visa for your wife.

Then, let us know your 'findings'.

If you do have a mo, do try the curry laksa. Penang laksa, bu hao la.

Thanks !

Edited November 16, 2012 by Darnell

[jane_smith 2]

Hi! Sorry to hear about her denial. I can exactly relate because I was also denied last year when I applied for the first time. They said that I would just wait for my husband's retirement to be able to come as a visitor if we will not pursue Spousal route. Well, it was frustrating but what can't we do. My husband is a strong believer that I can have Tourist Visa so I applied for the second time last June. Wow! Amazingly and graciously favored by God, I was approved and granted a 10-year multiple entry Visa. I am currently in the US now for a visit for a month.

Please let her try one more time. Hoping and praying for the best of you getting the Visa.

God bless

[NikLR 13,227]

... just wouldn't listen to it. Hard headed...

Pot meet kettle.

Take the advice here, or go to the embassy and see what they say. Or contact a lawyer and figure it out through them. I hope you get to see your family for the holidays. Everyone deserves to. Doesn't mean they get to though.

[Noah Lot 391]

To the Expat in Malaysia, filled with righteous indignation.....

Please schedule an appointment with American Citizen Services at the Embassy, and ask a Consular Officer 'what to do' to obtain a tourist visa for your wife.

Then, let us know your 'findings'.

If you do have a mo, do try the curry laksa. Penang laksa, bu hao la.

Thanks !

The CO will not be permitted to give you advice on how your wife may be able to qualify for a tourist visa except in the most broadest of terms ..'demonstrate to the CO that she will return...'...they cannot insert themselves into this process.

While the OP may not agree with our rules (clearly he does not like them), just think about how many people from your wife's country have abused a tourist vis, each having told a similar story or produced similar documents (for what they're worth, which is little)...and thus, COs make their decisions based on a variety of factors, not the least of which is their initial impressions of an applicant based on how said applicant responds to their questions. There are a lot of unseen factors...documents and promises to return are given virtually no consideration.

another problem is that the US has very little controls in place to discourage visa abuse....the current laws do not contain sufficient teeth to prevent AOS from tourist visas (something I think should be disallowed under any circumstance), penalties for overstaying that are often waived after marrying some USC (people should not have a waiver available...if you 'do the crime, do the time..')...and are routinely admitted for six months, which is ludicrous for anyone of working age or less...there are perhaps 3 people on the planet who are under 50 and have the resources to chill out for six months as a tourist in the US...admit them for 3 months, end automatic extensions, end AOS except from K1s, enforce a departure policy firmly and you might then see the COs ease up a bit...but until that day, well, the COs are the first line of defense against visa abuse, and I applaud them for their work and focus.

[Noel194 53]

Nope. You'd know this if you had actually read the thread. The OP stated:

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Maybe, maybe not. Depends on how his income is reported, which neither you nor I know.

If you are not an employee but a director then your income is not exempt from US Income Tax. Only Earned Income is subject to the expemption not Business Profits. Again you state you are NOT an employee so if you are not an employee any income is not Earned Income by definition of the IRS and therefore not exempt. Again you will get caught eventually.