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

[Helpme123 9]

thats a tough one

[VanessaTony 3,567]

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.

Ooo valid point!

[Noah Lot 391]

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.

.."obviously they don't.."....an interesting statement based on how much actual interviewing experience by you, the OP? Your ability to come and go as you please does not reinforce the CO's belief that you are stabilized in Malaysia, but could leave at any time, hence you are not grounded there....and thus, your GF cannot point to that 'fact' as a reason for her to return.

There are no bright line requirements to qualify for a tourist visa...if there were, every applicant on the planet would find a way to create them, buy them or who knows what...but they would find a way to bring in those 'magic papers' that, if allowed by our laws, would pave the way for them to obtain a tourist visa....but instead, the outcome depends exclusively on the opinion/judgment of the consular officers, based on their own experience, training and knowledge of the demographics of the country in which they are working....they have access to an incredible amount of background information, both general and specific, and know only too well what the overall rate of visa abuse is in Malaysia...and your own statement above..."are they really so daft to think that if we did stay, we wouldn't apply for a GC withing 6 years...why wouldn't we...?'...you just gave one of the reasons why she is unlikely to obtain the visa...because the COs have likely sensed that's exactly what would happen...and that is NOT the purpose of a tourist visa...

[AmericanExpat 18]

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.

People migrating from Malaysia count for less than 1% of the total of all asian immigrants to the US. It is statistically so low that it doesn't even show up separately on any charts. There's no reason for them to.

Yes, we'll try again with a big stack of papers to show she'll be returning, and I will too... See if common sense prevails.

[AmericanExpat 18]

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

Thanks Jane. We'll try again!

[AmericanExpat 18]

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 !

Yes, we'll give it another go...

I can't take curry for the life of me! It turns my face instantly into a shade of red that makes me look like a drunk irish man!

[AmericanExpat 18]

Malaysian Immigration: Ahh, you’ve married a Malaysian citizen. You have all your documents in order. You will have your spouse visa in 24 hours. Congratulations.

US Immigration: You’ve married a US citizen? Oh…. Ok, please mail in all these forms. We’ll let you know after we receive them. Then mail in some more forms, go thru an interview, and a medical checkup. We MIGHT give you a spouse visa in 8-12 months so you can visit your in-laws and your husbands homeland, but no promises. You may want to stay...

[Noah Lot 391]

Well, apparently you have such a low opinion of our laws, perhaps you should consider relinquishing your blue passport. Our COs in our embassy in Malaysia will be happy to accommodate you.

[aaron2020 11,651]

Malaysian Immigration: Ahh, you’ve married a Malaysian citizen. You have all your documents in order. You will have your spouse visa in 24 hours. Congratulations.

US Immigration: You’ve married a US citizen? Oh…. Ok, please mail in all these forms. We’ll let you know after we receive them. Then mail in some more forms, go thru an interview, and a medical checkup. We MIGHT give you a spouse visa in 8-12 months so you can visit your in-laws and your husbands homeland, but no promises. You may want to stay...

Comparing apples and oranges.

How many people immigrate to Malaysia? Probably not anywhere close to the 1,000,000 new immigrants that comes to the US.

It's probably quicker to process a few hundred cases versus a million.

You aggrogance that you are entitled to a visa for your spouse is incredible. Eat some humble pie. You are not in charge. Shut up and do what you need to do if you want your wife to visit. Or you can continue to ###### to your detriment.

[Darnell 8,478]

Yes, we'll give it another go...

I can't take curry for the life of me! It turns my face instantly into a shade of red that makes me look like a drunk irish man!

i not say 'have another go' - I told you to get an appointment with ACS and YOU talk with a Consul Officer.

as to the curry laksa - that was on purpose. My hope was that you'd have some, your windpipe constrict (as it does on everyone that tries it for the first time) and you'd be out of the game for a bit, seeking medical attention.

I love curry laksa - it's amazing.... Yes, I built up my immunity to it, and it's one of my 3 preferred foods

Good luck with ACS appointment.

[Ippsy Pippsy 31]

I-130 Petition sent: 2012-11-16 (pain in the #### to have to do this!)

Did you really send this in? That proves immigrant intent. And I thought you did not want to immigrate to the USA, just visit? I would withdraw it ASAP, because that won't help you get a visitor's visa.

[Hypnos 6,576]

Filing an I-130 virtually guarantees that you won't be receiving a visitor's visa anytime soon, at least not without massive amounts of evidence indicating ties to Malaysia.

From what the OP has posted then I doubt the I-130 will yield an immigrant visa either. Abuse of the system like this is one of the reasons that the current green card application process is as protracted and laborious as it is.

Edited November 19, 2012 by Hypnos

[jaycali 415]

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.

- This is your problem exactly. She can file for adjustment of status on a tourist visa. However, it is illegal to intend to do so. I know it sounds strange, but to legally adjust status on a tourist visa, you have to decide to do it after entry, on a whim basically. Intending to do so from the get go is immigration fraud, a felony. Basically, they do not want her to use a non-immigrant visa to immigrate, and it is their job to prevent people from doing so.

People migrating from Malaysia count for less than 1% of the total of all asian immigrants to the US. It is statistically so low that it doesn't even show up separately on any charts. There's no reason for them to.Yes, we'll try again with a big stack of papers to show she'll be returning, and I will too... See if common sense prevails.

- The number of immigrants annually from a specific country isn't a concern - It's the number of illegal immigrants or visa violators from that country. Granted, Malaysia's tourist visa refusal rate last year was 4.7% - Not very high.

A very important concept to always remember when dealing with immigration officials is this; They are by law required to assume any applicant to be an intending immigrant until sufficiently satisfied of the contrary.

However, best of luck. Hopefully, you get to spend Christmas with your family and wife in the US.

Edited November 20, 2012 by Jay Jay

[Stephen + Elisha 92]

However, best of luck. Hopefully, you get to spend Christmas with your family and wife in the US.

Fat chance of that now that he's filed an I-130. Seems he's more interested in wasting money and cutting off his nose to spite his face than actually getting his wife a visitor's visa.

[rade2rising 205]

Expat I am with you dude you knows what you are doing so proceed and plz do report back your experiences in detail. good lucky buddy.