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

[Hypnos 6,576]

sir, getting a tourist visa and adjusting status in the US is considered immigration fraud.

No it isn't, please stop posting bunk information like this.

Entering on a nonimmigrant visa (such as a tourist visa) and then adjusting status following a change in circumstances is perfectly legal and thousands of people do it every year.

Entering the US on a nonimmigrant visa with the preconceived intent to remain is immigration fraud.

The two are not the same thing.

Edited November 13, 2012 by Hypnos

[tehans 52]

No it isn't, please stop posting bunk information like this.

Entering on a nonimmigrant visa (such as a tourist visa) and then adjusting status following a change in circumstances is perfectly legal and thousands of people do it every year.

Entering the US on a nonimmigrant visa with the preconceived intent to remain is immigration fraud.

The two are not the same thing.

I really really really wish they would stop allowing people who come here on a tourist visa to stay and adjust. Send them back and let them go through the correct process like my wife did.

If it were not for people coming on tourist visa and staying and adjusting, we would not have such a problem getting tourist visas. For this very reason my wife's mom cannot come here and visit us and we followed every law and process correctly. I am really ashamed my country will not allow her to come here and visit us and it is because of this very reason.

[Hypnos 6,576]

That may be the case, but for now it is the law of the land.

[Boiler 45,522]

I really really really wish they would stop allowing people who come here on a tourist visa to stay and adjust. Send them back and let them go through the correct process like my wife did.

If it were not for people coming on tourist visa and staying and adjusting, we would not have such a problem getting tourist visas. For this very reason my wife's mom cannot come here and visit us and we followed every law and process correctly. I am really ashamed my country will not allow her to come here and visit us and it is because of this very reason.

That is not the case, many people's parents visit without issues.

It all depends on the individual circumstances.

As this case does.

[Moomin 292]

I certaintly hope no one literally told or implied to the interviewing officer " If she did stay in the US, we'd just apply for the greencard". They don't care - they care about the applicant demonstrating they'll return to own home country.

And while you do live there, you can return to the US anytime you want, for a vacation or for good. And cases are looked at individually but has some general red flags. Your wife needs a NON-immigrant visa. With a US spouse regardless of where you live, she still has a strong tie to you and through you; to the US. Of course she can bring documents demonstrating your lack of ties to US. No doubt she'll be asked again at a future tourist visa interview about having a US spouse. HER job is to demonstrate on her own that she qualifies and she has financial reasons to return to home country. Try seraching Visa Journey for words such as "strong ties home country" to see examples. Bills in her name, rental/lease/mortgage. Job contract, reliable income. If you make too little to file taxes in the US, then it's darn hard for her t show that she cn support herself on a vacation.

Another thing: No, you cannot just file another form or application to have her immigrate to the US(greencard) even if you wanted to. You'll need to file taxes before then because it will be asked for, or demonstrate why you were an excempt.

[A and T 82]

Our good friends at USCIS are never going to approve her for a tourist visa because she is married to an American citizen. Almost no amount of proof will get this approved i believe

[Harsh_77 718]

Our good friends at USCIS are never going to approve her for a tourist visa because she is married to an American citizen. Almost no amount of proof will get this approved i believe

This is not true.

There has been instances where USC has demonstrated USC has established life out of US and has no intention of moving to US and consulates have granted B1/2 to spouse of USC for the visit.

[Abby-Ron 8]

Its Immigration Fraud. PERIOD! Its people and cases like this that make the whole entire IMMIGRATION process such a red tape.

Edited November 14, 2012 by Abby-Ron

[Abby-Ron 8]

No it isn't, please stop posting bunk information like this.

Entering on a nonimmigrant visa (such as a tourist visa) and then adjusting status following a change in circumstances is perfectly legal and thousands of people do it every year.

Entering the US on a nonimmigrant visa with the preconceived intent to remain is immigration fraud.

The two are not the same thing.

Just because thousands of people do it DOES NOT MAKE IT LEGAL!!!

[NikLR 13,227]

Its Immigration Fraud. PERIOD! Its people and cases like this that make the whole entire IMMIGRATION process such a red tape.

On topic... What the OP wants to do is NOT illegal. He wants a visitor visa for his wife so they can visit the USA. That's it. I'm assuming once he has permanent residency in Malaysia then it would not be so hard for her to get the visitor visa. But as of right now he has a visitor visa and it's hard for his wife to obtain a visa because of that.

[Hypnos 6,576]

Just because thousands of people do it DOES NOT MAKE IT LEGAL!!!

You are right; however, being legal is what makes it legal.

The OP has already stated that this is not his intent though, which renders this moot here.

Edited November 14, 2012 by Hypnos

[AmericanExpat 18]

Just because thousands of people do it DOES NOT MAKE IT LEGAL!!!

Filing from the Us, hanging from tourist to I-130, is not illegal. If it was illegal, it would not be possible to do at all. It IS possible to do however, making it perfectly legal. If we PLANNED to do it ahead of time, yes... that would be fraud.

We do not plan on doing that.

Just annoyed at the stupid assumption of guilt. I guess I thought that the US operated on an "innocent until proven guilty" idea... only in the movies I suppose.

You are right; however, being legal is what makes it legal.

The OP has already stated that this is not his intent though, which renders this moot here.

Right.

[AmericanExpat 18]

No it isn't, please stop posting bunk information like this.

Entering on a nonimmigrant visa (such as a tourist visa) and then adjusting status following a change in circumstances is perfectly legal and thousands of people do it every year.

Entering the US on a nonimmigrant visa with the preconceived intent to remain is immigration fraud.

The two are not the same thing.

That's what I thought too Hypnos... It seems near impossible though.

[VanessaTony 3,567]

Just annoyed at the stupid assumption of guilt. I guess I thought that the US operated on an "innocent until proven guilty" idea... only in the movies I suppose.

Not immigration related but yeah.. I thought that too. Turns out unless you have PROOF you're innocent, you're screwed.

[Noel194 53]

To the people piling on: stop.

Yes, the OP's entitled attitude may have rubbed you the wrong way. But let's separate that from the facts.

From all the OP has stated, he has NO INTENTION of bringing his wife here on a visitor visa to adjust status. They're happy with their life in Malaysia and just want to come visit relatives. The confusion comes in that the OP got some bad information from other websites suggesting that AOS after entry on a tourist visa is a valid shortcut in the immigration process. Based on this bad info, he couldn't fathom why his wife's visa was denied. He's now been set straight on this and seems to understand.

Also, from what the OP has stated, we have no basis to infer or allege that he is violating US tax law. He correctly states that filing US taxes does not equate to US tax liability. Unless he's making north of $90,000 a year, his entire foreign earned income would be exempt from US taxation.

Actuallay he must be a "Bona-fide resident" of that country or have a work visa and by his own admission he is a perpetual tourist. Which makes me believe that he is illegally working in that country anyway. And yes $92k of foreign income is exempt from income taxes but not Social Security and Medicare taxes. Uncle Sam will catch him eventually they always do.

Edited November 14, 2012 by Noel194