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

[Boiler 46,000]

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.

If you read other threads you will see that usually this would not be the case and applying would be a very bad idea.

[AmericanExpat 18]

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

Maybe severing my ties with the US will demonstrate it? Join the waiting list to give up citizenship? Then at least they know I wouldn't be wanting to stay there... I'm just annoyed at having to apply for something we don't want. Waste of time requiring application for a greencard when we don't want to be there, and they wont look at proof showing we don't.

Media and a lawsuit maybe? Cry discrimination? Seems to work with most people...

[AmericanExpat 18]

So, to start this Petition for greencard baloney, I just have to fill out and submit this 2 page I-130 form, and a check for $420 right? Don't need to send anything else in that I can see with it...

Anybody know?

I think I'll have to file this thing, just in case they deny the tourist visa again, even after I have my PR status in Malaysia. After we get it and return, she can return it to the Embassy... I bet THAT will prove for the future she doesn't have an intent to migrate to the US! HA

[rade2rising 205]

If you read other threads you will see that usually this would not be the case and applying would be a very bad idea.

really? I thought when the spouse coming from country like USA such as all euro nations and australia and such places they give them tourist visas easily?

[rade2rising 205]

So, to start this Petition for greencard baloney, I just have to fill out and submit this 2 page I-130 form, and a check for $420 right? Don't need to send anything else in that I can see with it...

Anybody know?

I think I'll have to file this thing, just in case they deny the tourist visa again, even after I have my PR status in Malaysia. After we get it and return, she can return it to the Embassy... I bet THAT will prove for the future she doesn't have an intent to migrate to the US! HA

well to start the baloney lol yea you fill out the form and the check AND the documents the form asking for. very important or you could be rejected and you experience the immigration system so far well it doesnt get better or easier. best thing is to read the guides here on top of the webpage.

but yea i feel your frustrations dude. I wish you were in charge of immigration reform.

[AmericanExpat 18]

well to start the baloney lol yea you fill out the form and the check AND the documents the form asking for. very important or you could be rejected and you experience the immigration system so far well it doesnt get better or easier. best thing is to read the guides here on top of the webpage.

but yea i feel your frustrations dude. I wish you were in charge of immigration reform.

The form says nothing about anything else going with it... I saw somewhere enclose by birth certificate, and copy of the marriage license... Anything else that anyone knows of?

IF, for some unholy reason, I ever move back to the US, I am running for Congress. This system could have been designed smoother by Chimps.

[AmericanExpat 18]

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

What is a DCF?

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

According to the state.gov website, K3 visa's are for spouses overseas. It says nothing about the location of the USC... So the ONLY option is greencard? Forced migration??

[rade2rising 205]

well there are a few more things needed like proof of your citizenship and you have to fill out two biographic forms.....just read this please

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[Grant PDX 183]

As folks have said, there is a presumption of immigration intent. To overcome that presumption you have to prove ties to the home country such that they are greater than the benefit of immigrating to the US. I've always seen it as a follow the money thing. In general, there is a high likelihood that someone from a poorer country would immigrate to the US if given a choice. That's a reality that most of us have likely observed. To avoid "opening the borders" which is what handing out tourist visas without requiring significant evidence would be akin to, there is an evidence threshold that must be reached. It's nearly impossible to define what that threshold is as it varies by country, situation, and evidence that could possibly be provided. While it's possible to give ideas of what might help, it's impossible to say, prior to adjucation of the visa application, if that evidence will be sufficient.

There have been a few ideas above, and some wildly speculative statements about what the OP might be doing illegally (paying taxes or visa fraud) which it doesn't seem that they are really doing. In fact most of the thread has been about the possible illegal actions for which there is little to no evidence.

Basically OP, you will have to show enough evidence to overcome the presumption. You will have to show that leaving Malaysia would be more costly than any possible increase of income your wife might have if she were to stay in the US (either illegally or through adjusting in the US) as the visa she is applying for is a nonimmigrant visa. So business ties, property, family etc all help, but only if financially she will be significantly worse off losing those than the potential income she could have coming to the US. Impossible to say with any certainty what those things might be. It seems you've got a fair amount of that. I'd try to just keep piling more on and reapplying until the adjudicator agress.

Good luck!

[Sven Nancy 3]

Yes, it can be very upsetting. But if you read the rules and regulation on the USCIS website, one can not applied for two visa at the same time. If you already filed for the Spouse Visa for her to immigrant to the U.S., she can not come to the U.S. at all until that get approve. Not even a tourist visa. That sucks, I know. There is nothing you can do about this. Always have been this way and will be. However, if you really want her to come to the U.S. ASAP, best is to seek an attorney who could probably get her in the country with the spouse visa within 6-8 months (maybe). But as far as visitation and tourist goes for the holidays with her, there's nothing you can do. Just wait until the official spouse visa goes through. Meantime, you're there with her, are you not? That is good enough. The family and meetings for the holidays can wait until she arrive next year. You also do not want to take any risk or piss off the US Embassy Consular there in Malaysia over this because he/she has the power and authority to declined her chance to immigrant over to the U.S. We ran into similar situation and trust me, not much you can do. I married my wife who is an US Citizen, and I had to wait for 1 year until my spouse visa got approved. During the process, I couldn't even go over to visit (not even the holidays) but she came here and was with me. That was good enough. I knew that once my visa get approved, we'll get to spend as much holidays together with friends and families as we want. Missing 1 year won't kill us (and you too, I'm sure). And guess what? Exactly 1 year, I am here in the U.S. now with my wife

[Sven Nancy 3]

Yes, it can be very upsetting. But if you read the rules and regulation on the USCIS website, one can not applied for two visa at the same time. If you already filed for the Spouse Visa for her to immigrant to the U.S., she can not come to the U.S. at all until that get approve. Not even a tourist visa. That sucks, I know. There is nothing you can do about this. Always have been this way and will be. However, if you really want her to come to the U.S. ASAP, best is to seek an attorney who could probably get her in the country with the spouse visa within 6-8 months (maybe). But as far as visitation and tourist goes for the holidays with her, there's nothing you can do. Just wait until the official spouse visa goes through. Meantime, you're there with her, are you not? That is good enough. The family and meetings for the holidays can wait until she arrive next year. You also do not want to take any risk or piss off the US Embassy Consular there in Malaysia over this because he/she has the power and authority to declined her chance to immigrant over to the U.S. We ran into similar situation and trust me, not much you can do. I married my wife who is an US Citizen, and I had to wait for 1 year until my spouse visa got approved. During the process, I couldn't even go over to visit (not even the holidays) but she came here and was with me. That was good enough. I knew that once my visa get approved, we'll get to spend as much holidays together with friends and families as we want. Missing 1 year won't kill us (and you too, I'm sure). And guess what? Exactly 1 year, I am here in the U.S. now with my wife

[AmericanExpat 18]

well there are a few more things needed like proof of your citizenship and you have to fill out two biographic forms.....just read this please

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Thanks Rade2rising! It's like a great sea of info and forms out there. Each source seems to be just a little different than the other!

[mallafri 0]

Does not matter you work for US company or local company.

As as USC you are required to file the tax, you have to pay or not can be determined based on the tax return but you are required to file the tax and there is also another form (number is not on top of my head) that you have to fill out which you declare all the bank account in foregin country with max amount in thru out the year.

Sorry for "highjacking" the thread but why would someone have to file taxes in the US when he doesn't live there, have no assets in the US and don't work there? That doesn't make any sence?!

[AmericanExpat 18]

Yes, it can be very upsetting. But if you read the rules and regulation on the USCIS website, one can not applied for two visa at the same time. If you already filed for the Spouse Visa for her to immigrant to the U.S., she can not come to the U.S. at all until that get approve. Not even a tourist visa. That sucks, I know. There is nothing you can do about this. Always have been this way and will be. However, if you really want her to come to the U.S. ASAP, best is to seek an attorney who could probably get her in the country with the spouse visa within 6-8 months (maybe). But as far as visitation and tourist goes for the holidays with her, there's nothing you can do. Just wait until the official spouse visa goes through. Meantime, you're there with her, are you not? That is good enough. The family and meetings for the holidays can wait until she arrive next year. You also do not want to take any risk or piss off the US Embassy Consular there in Malaysia over this because he/she has the power and authority to declined her chance to immigrant over to the U.S. We ran into similar situation and trust me, not much you can do. I married my wife who is an US Citizen, and I had to wait for 1 year until my spouse visa got approved. During the process, I couldn't even go over to visit (not even the holidays) but she came here and was with me. That was good enough. I knew that once my visa get approved, we'll get to spend as much holidays together with friends and families as we want. Missing 1 year won't kill us (and you too, I'm sure). And guess what? Exactly 1 year, I am here in the U.S. now with my wife

Glad you made it Sven! The waiting sucks, but yes... since these nonsensical procedures are in place, seems like they have to be followed. 450,000 Americans marry abroad every year. Seems like they could streamline it a bit better, they sure are making enough money from the fees!

[AmericanExpat 18]

Sorry for "highjacking" the thread but why would someone have to file taxes in the US when he doesn't live there, have no assets in the US and don't work there? That doesn't make any sence?!

US is one of the few countries that continues to tax its citizens even when living abroad if they make too much money... Heck, even if a US citizen gives up their citizenship, the US government claims they are still liable to pay income taxes.

Common sense is not that common unfortunately. Especially within governments...