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

[VanessaTony 3,567]

Actuallay he must be a "Bona-fide resident" of that country and by his own admission he is a perpetual tourist. 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.

Actually, "bonafide resident" is only ONE of 3 requirements: http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Requirements

To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

- A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,

- A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or

- A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

(emphasis added) Edited November 14, 2012 by Vanessa&Tony

[NYYankees355 11]

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...

Because lots go on tourist visas because they dont want to go through the long process of a cr1 or k1 visa. This happens a lot thats why so many people are denied tourists visas, because they infact abuse the system and staying in the us after they arrive including spouses of us citizens.

Its a lot faster than waiting 8 months for an immigrant visa.

[NYYankees355 11]

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...

Sure u may think that way, but immigration officials say its illegal to travel on a tourists visa with ill intent on immigrating. If you purpose was to immigrate than u apply for an immigration visa not a tourist. It has nothing to do with 800k illegals, they are not spouses of us citizens but came as children with their parents.

I know its a broken system, but we cant fix it...

[Stephen + Elisha 92]

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

USCIS doesn't approve or deny tourist visas. In fact, USCIS doesn't approve or deny visas at all. They approve or deny petitions that provide the basis for visa issuance, which is the domain of the Department of State.

[Stephen + Elisha 92]

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.

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

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.

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.

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

[AmericanExpat 18]

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.

Not true for Malaysia Noel194. I own my company here, with my wife. On a tourist visa. It's legal.

Uncle Sam doesn't have to catch me. I file, just dont pay Federal or State taxes...

[AmericanExpat 18]

Sure u may think that way, but immigration officials say its illegal to travel on a tourists visa with ill intent on immigrating. If you purpose was to immigrate than u apply for an immigration visa not a tourist. It has nothing to do with 800k illegals, they are not spouses of us citizens but came as children with their parents.

I know its a broken system, but we cant fix it...

Someone needs to fix it, that's for sure...

Actually, "bonafide resident" is only ONE of 3 requirements: http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Requirements

(emphasis added)

Yes, I qualify under that last category... 3 years and counting now

[himher 634]

We ran into that same problem in Indonesia. Unfortunately there was NOTHING my wife could have shown them LOL to prove she was coming back. Not even her home ownership documents.

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...

[AmericanExpat 18]

Because lots go on tourist visas because they dont want to go through the long process of a cr1 or k1 visa. This happens a lot thats why so many people are denied tourists visas, because they infact abuse the system and staying in the us after they arrive including spouses of us citizens.

Its a lot faster than waiting 8 months for an immigrant visa.

Not sure why people can't apply for a K3 spouse visa until after they apply for a greencard. Not everyone wants a greencard...

[himher 634]

Are you friggin kidding? DCF is quick and easy if you want to go back for good

Because lots go on tourist visas because they dont want to go through the long process of a cr1 or k1 visa. This happens a lot thats why so many people are denied tourists visas, because they infact abuse the system and staying in the us after they arrive including spouses of us citizens.

Its a lot faster than waiting 8 months for an immigrant visa.

K3 visas are only for petitioners who live in the US and have a spouse overseas sport

Not sure why people can't apply for a K3 spouse visa until after they apply for a greencard. Not everyone wants a greencard...

[WaitingforOregon 10]

A return plane ticket! When I first came to Canada to meet my husband's family ( I am a USC) they interrograted me and asked to see proof that I would be leaving Canada for sure after my visit. They specifically asked to see my return plane ticket.

That's my little slice of advice.

[memlaura 60]

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...

God I wish it was that easy and I am sure everyone else on this site wishes the same thing... My husband is in Nigeria there is no chance he will ever get a tourist visa to come and visit me or my family even if I lived there with him... It is the process you have to follow but I think you proving your ties to her country are the big selling point to the embassy if you are appling for the spousal visa there show them that as well and I agree New England is no where to be in the winter that is why I moved to Florida

[Justine+David 218]

I wouldn't apply for a new tourist visa over and over again as each time you do it without doing anything different makes them more likely to deny her and you'd just be wasting your own money on the application fees. I'm sorry that she wasn't approved. You have to understand that your situation is atypical of people who come from second and third world countries. The US is trying to keep people out, not in. Visas are a privilege, not a right. You don't even have the right to have your wife live in the US on a green card. It's a privilege and one where they hold all the aces.

[AmericanExpat 18]

We ran into that same problem in Indonesia. Unfortunately there was NOTHING my wife could have shown them LOL to prove she was coming back. Not even her home ownership documents.

See... and there is my fear. They seemed to be so automatically set in "reject mode", that there was no way to even do what they required. So I'm wondering if there is anything that will snap them out of it...

[rade2rising 205]

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.

yea rarely and coming from developing or third world country its really a waste of money and time to even file the application. If person is from UK or some country like that they stand a fair chance.