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

[Sarah Elle-Même 660]

Thanks Sarah and Adnan. Did your fiance get the tourist visa after all? What did he have to do to prove the "strong ties"?

It all just seems a bit warped... It's just easier (should be anyways), for the 2 of us to visit my family, then all 6 of my immediate family to visit us anywhere. Plus 3 of my siblings are in school, so even more difficult.

I'm really just trying to figure out if there is some magical document I can staple to the immigration interviewer's forehead that will prove I have no plans to moving back and contributing to his salary!

No he never got it. I went to visit him for 2 weeks, which sucked because he could have stayed maybe 3 months here on a tourist visa. He had proof of his 2 jobs, his son from first marriage who he shares custody of, bank accounts with several thousand dollars in them, property holdings (several - he and his brother have a contracting company), ailing parents (who he takes care of) medical records, vacation permission letter from his boss, etc, etc. He also was also still on military duty in his home country which is not only a strong tie, it's a tie that binds. If he deserted to immigrate to the US then went back to his country for any reason he could have been arrested. That wasn't enough I guess! They didn't look at any of his proof either. So I filed the K-1 and am now waiting for the NOA2 from VSC since we do intend to live here together in the US.

I understand how tough it is. I have been trying to get my parents to come with me to visit Adnan but it never seems to work out with their work schedules. He's really bummed he probably won't get to meet them until his arrival on the K-1 so he calls them once a month so they can get to know him better.

I tend to agree with the others regarding your status in Malaysia. It could help her case to get yourself set up as a permanent resident and to make sure your business is fully incorporated. Tourist visas can always be re-applied for until they tell you you're banned so don't lose hope yet!

[Boiler 45,486]

I do not know if you would qualify for an Immigrant Visa and nor do the Consulate, they judged the application submitted, a Tourist visa.

[AmericanExpat 18]

Ignore the tax implications for now. The way I understand it you are a US citizen, working without authorization on a tourist visa in Malaysia. You leave every 90 days, then come back. Is that correct?

Yes Hesekiel. I work for my own company that I set up with my wife in Malaysia, while on a tourist visa. It is legal in Malaysia for foreigners to own a business in Malaysia provided at least one director is Malaysian. All perfectly legal. No authorization is required to work for your own business, I'm not an employee, I'm a director. I leave every 90 days, then return. Sometimes I extend the 90 day pass to a 120 day pass. This can be done every other trip out. All while my PR application is pending of course.

[MedRoni 161]

I suppose I'm still not seeing the problem. If someone did come in on a non-immigrant visa, even with the intent to change over and apply thru the I-130 after already there (this is NOT our intent), I'm not seeing what the problem would be anyways.

The problem is it is against the law. Plain and simple. You don't have to convince us of your intent, but your wife does have to convince the officer.

We do not have to like it, or agree with it. Rules are made for reasons. If you want your wife to visit you must follow them.

I know it may feel like it some days but the immigration laws are not out to get us. They are in place to protect us. By us I mean the country in general. Yes, these are the prices we pay married to a foreign spouse. Is it fair? Maybe - maybe not, but it is what it is.

I think the advice you have received here is very sound. I am sure it will help once your visa/immigration over there is complete.

[AmericanExpat 18]

No he never got it. I went to visit him for 2 weeks, which sucked because he could have stayed maybe 3 months here on a tourist visa. He had proof of his 2 jobs, his son from first marriage who he shares custody of, bank accounts with several thousand dollars in them, property holdings (several - he and his brother have a contracting company), ailing parents (who he takes care of) medical records, vacation permission letter from his boss, etc, etc. He also was also still on military duty in his home country which is not only a strong tie, it's a tie that binds. If he deserted to immigrate to the US then went back to his country for any reason he could have been arrested. That wasn't enough I guess! They didn't look at any of his proof either. So I filed the K-1 and am now waiting for the NOA2 from VSC since we do intend to live here together in the US.

I understand how tough it is. I have been trying to get my parents to come with me to visit Adnan but it never seems to work out with their work schedules. He's really bummed he probably won't get to meet them until his arrival on the K-1 so he calls them once a month so they can get to know him better.

I tend to agree with the others regarding your status in Malaysia. It could help her case to get yourself set up as a permanent resident and to make sure your business is fully incorporated. Tourist visas can always be re-applied for until they tell you you're banned so don't lose hope yet!

Wow! Good luck to you too then! That's horrible, all that and still denied?? We're not loosing hope, we'll keep applying over and over... maybe they'll get sick of seeing us.

I had no clue that the US policy was so warped! Didn't they just grant around 800,000 illegals in the country amnesty? Yet tourist visa's for spouses, who can apply for an immediate family member greencard get turned away?

I'm confused...

[Shiobhan 235]

Wow wow

[Reyan 56]

I know this does not help you now, but you could always see if Malaysia can participate in the VWP program in the future.

How does a country* qualify to participate in the Visa Waiver Program (VWP)?

To be admitted to the Visa Waiver Program, a country* must meet various security and other requirements, such as enhanced law enforcement and security-related data sharing with the United States and timely reporting of both blank and issued lost and stolen passports. VWP members are also required to maintain high counterterrorism, law enforcement, border control, and document security standards.

In addition, designation as a VWP country* is at the discretion of the United States government. Meeting the objective requirements of the VWP does not guarantee a successful candidacy for VWP membership.

http://travel.state.gov/visa/temp/without/without_1990.html

[VanessaTony 3,567]

I had no clue that the US policy was so warped! Didn't they just grant around 800,000 illegals in the country amnesty? Yet tourist visa's for spouses, who can apply for an immediate family member greencard get turned away?

I'm confused...

Yes you are confused. You still don't seem to grasp the law here.

You again have stated that your wife can apply for "an immediate family member greencard". THAT is the problem. You keep saying this as a positive for your reasons that she should be approved, when in fact it's a HUGE negative.

You have also stated (again incorrectly) that you can just go over and get a greencard while you're there. This is ILLEGAL. There's no other way to put it. You would be committing immigration fraud.

I know you have said that you do not intend to stay in the US, but you've shown several examples of ignorance of US immigration law. First assuming that as your spouse this makes it easier to get a tourist visa, and secondly that it's fine to just apply in the US when you feel like it.

It takes several months to get a spousal visa approved. Being together it'll be a bit quicker but you're still looking at several months. If you weren't living overseas together it can take 9+ months. A tourist visa, as you know is much quicker, so it's USCIS job to assume that, like others, you don't want to be apart for that long and that you will apply for a tourist visa to get her to the US and apply for a GC. Because others HAVE done this, you are paying the price for their lies and misuse.

Hopefully it works out. Apply enough times and it might eventually work. All you can do is keep showing more and more ties. Don't ask them if they want to see your paperwork, SHOW them the paperwork.

[AmyWrites 593]

Thanks for clearing it up Stephen, thanks!

I am truly just a bit confused why I was denied the ability to bring my wife to visit family in the US for a visit... They wouldn't even look at the proof, nor tell us what more we could possibly bring to satisfy them. I don't want to have to jump thru the hoops of getting her a greencard, which would then most likely be revoked since we won't be residing there, but just visiting once a year or so...

Any suggestions?

I had a similar situation as you, in the sense that I lived in Russia with my boyfriend.

You need to bring proof of her job, proof of her income, proof that YOU are RESIDING there (if you're there on a tourist visa, this does NOT work), proof of both of your lease's/properties there. Also, they looked at my boyfriend's previous travels around Europe, which proved he had no intention of looking elsewhere.

Don't even MENTION anything like "Well if we wanted to we could just use the tourist visa and file for her green card there!" as this is not only FRAUD, you in no way will get approved a tourist visa.

[Stephen + Elisha 92]

I suppose I'm still not seeing the problem. If someone did come in on a non-immigrant visa, even with the intent to change over and apply thru the I-130 after already there (this is NOT our intent), I'm not seeing what the problem would be anyways.

The main problem is that it's fraud. Immigrant visas have vastly different requirements from non-immigrant visas—medical exams, criminal checks, proof of the relationship or other factor that provides the basis for immigration, etc. etc. This is because the two types of visas have totally different purposes: immigrant visas are for coming to the US for good, while non-immigrant visas are for coming to the US for a temporary and defined purpose. If you use a non-immigrant visa with the intent to immigrate, you're lying to the U.S. government and violating immigration law.

They would still have to pay the same fees, and go thru all the same processes, satisfying everything before approval... In fact, it would cost them more to do so, first paying for the tourist visa, then paying for the I-130 application. The only difference is it lets them be together right?

Yes, it's more expensive to enter on a visitor visa and adjust status. But unlike an immigrant visa process, you're together in the United States while a decision is being made on the petition. The immigration law and policy of the United States is that intending immigrants must apply for an immigrant visa from outside the US and wait outside the US until the visa is approved and issued.

Yes, the law does provide for adjustment to LPR from non-immigrant status within the US. Because things change. Particularly for people in the US on long-term NIVs, they may meet a USC, marry, and decide to immigrate though they never had that intent in the beginning. That's the purpose of the AOS process—not to let people circumvent the statutory immigrant visa process by misrepresenting their immigration intent when entering on a non-immigrant visa.

The process is what it is. I'm sure many of us who have been through it would say that it could and should be streamlined. On the other hand, I'm sure many of us would agree that we need strong safeguards in place to keep green cards out of the hands of criminals, fraudsters (people who would marry some poor sap for a green card and then ditch him/her as soon as they're here), etc. But I doubt anyone here would look kindly on even the slightest hint of committing immigration fraud to jump the line or for any other purpose.

[Sandra G. 5,047]

All your income earned overseas must be reported at home DON"t forget that!!!but you can claim a credit for taxes paid overseas if you can proof with official documentation that you paid the foreign tax, and then you won't be subject to double taxation. Visiting USA is a privilege, not a right.

[Sarah Elle-Même 660]

Wow! Good luck to you too then! That's horrible, all that and still denied?? We're not loosing hope, we'll keep applying over and over... maybe they'll get sick of seeing us.

I had no clue that the US policy was so warped! Didn't they just grant around 800,000 illegals in the country amnesty? Yet tourist visa's for spouses, who can apply for an immediate family member greencard get turned away?

I'm confused...

No they did not grant amnesty to 800,000 people. Big misconception. They began allowing for undocumented people with a certain set of circumstances to apply for deferred action, meaning only that they cannot be subjected to removal or deportation proceedings for 2 years. This is for people who entered the US and overstayed or entered without inspection before the age of 16. There are other factors but I can't remember them off the top of my head. Anyway this program has nothing to do with the State Department (i.e: the Embassies), only USCIS. If I'm wrong in my explanation hopefully someone will correct me.

It does sometimes seem like the hoops that people who wish to travel to or immigrate to the US need to jump through are getting more numerous and arduous. Are the people who committed fraud and misrepresentation to blame for that, at least in part? Certainly. But I'm not the type to lay all the blame on poor migrants whose countries got screwed over by NAFTA and other so-called free trade agreements.

[Harsh_77 718]

I suppose I'm still not seeing the problem. If someone did come in on a non-immigrant visa, even with the intent to change over and apply thru the I-130 after already there (this is NOT our intent), I'm not seeing what the problem would be anyways.

They would still have to pay the same fees, and go thru all the same processes, satisfying everything before approval... In fact, it would cost them more to do so, first paying for the tourist visa, then paying for the I-130 application. The only difference is it lets them be together right?

So why is Immigration making it difficult for a US citizen to be together with his new wife, in his country. Is this a way to penalize a citizen for marrying someone from another country? Keeping them apart until they jump through hoops? Imposing wait times before they can be together? I'm sure that many times the US husband or wife had to leave their spouse behind to get back for work, or for many other reasons because of this policy.

I'm not seeing any sense to these rules. Obviously I'll run through whatever maze I have too... I'm just not grasping the logic to keeping spouses apart for months pending paperwork...

There are other things that you are not thinking – when someone goes thru the set process for spousal visa they go thru things like background check, medical check, police clearance from that country.

Embassy also makes sure the marriage itself is valid- if divorce is involved than all that paper work is completed etc.

If there is a problem then the spousal visa could be denied or put in pending until things are cleared up.

If they let everyone enter on tourist visa and adjust the status and say if they find some irregularity deporting that person back to the home country falls on US Govt.

When the visa is processed in the home country and if any of those things are not cleared it is not responsibility of US Govt to remove that person from US.

You are just thinking and trying to apply the rules from your perspective and unfortunately it does not work that way.

[madtownguy 164]

The Mexican border is very unsecure

[Harsh_77 718]

Wow! Good luck to you too then! That's horrible, all that and still denied?? We're not loosing hope, we'll keep applying over and over... maybe they'll get sick of seeing us.

I had no clue that the US policy was so warped! Didn't they just grant around 800,000 illegals in the country amnesty? Yet tourist visa's for spouses, who can apply for an immediate family member greencard get turned away?

I'm confused...

There was no Amnesty but thats the exact point once someone is in the country its difficult to send them back home.

There are thousands of ppl who enter US on tourist visa and never go back home.

So for someone who has intentions to live in US they want to make sure they admit ppl after the checks are complete.