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

[mallafri 0]

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?

Countries with historically low immigration numbers to the US, such as Scandinavia and Western Europe, are part of the visa waiver program and we do not need a tourist visa to visit the US unless we've previously been denied a visa.

[VanessaTony 3,567]

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?

Tourist visas no. I applied once but I wasn't really "denied" so much as she let me withdraw my application because I couldn't get what she needed by the deadline. She was really nice about it actually.

Some countries are fortunate to be part of the "Visa waiver program" (VWP) but that still does not guarantee entry into the country. We can get approved for the VWP, hop on a place and be turned back around once we land. Sucks really.

Countries with historically low immigration numbers to the US, such as Scandinavia and Western Europe, are part of the visa waiver program and we do not need a tourist visa to visit the US unless we've previously been denied a visa.

Yes, but even then you are not guaranteed entry.

[rade2rising 205]

so you will send in the I130 petition? while its pending you will have even more difficult time getting a tourist visa bcoz they will realize she now has immigrant intent since you petitioning for her. the system is messed up...

[VanessaTony 3,567]

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

I agree with Rade on this one. By filing the I-130 you're PROVING she has immigrant intent, and in fact making it look like she lied at the visitor interview when she applied the first time.

I say try the visitor visa at LEAST just the one more time... if you can gather more evidence that is.

If you can't, bear in mind to get the visa/GC approved you will need to move back the US to "establish domicile"... so if you're really living in Malaysia, that might be another problem for you.

Edited November 14, 2012 by Vanessa&Tony

[Stephen + Elisha 92]

I agree with Rade on this one. By filing the I-130 you're PROVING she has immigrant intent, and in fact making it look like she lied at the visitor interview when she applied the first time.

I say try the visitor visa at LEAST just the one more time... if you can gather more evidence that is.

If you can't, bear in mind to get the visa/GC approved you will need to move back the US to "establish domicile"... so if you're really living in Malaysia, that might be another problem for you.

This, this, and this. Filing the I-130 when you genuinely don't have any intent to live together in the US would be cutting off your nose to spite your face.

Also, here's your reality check for the day: filing a lawsuit, crying discrimination, etc. will get you precisely nowhere. In the grand scheme of visa injustice, you're at the very bottom of a very big heap.

Read this: http://carlosandamy.blogspot.com/p/why.html

And this: http://www.visajourney.com/news/2011/11/15/married-couple-fight-to-live-together/

And this: http://www.visajourney.com/news/2011/11/13/man-says-infant-daughter-died-during-bureaucratic-nightmare/

And this, which had a happy ending but required an act of Congress and a presidential signature to get it: http://www.visajourney.com/news/2011/01/02/presidential-measure-reunites-family-of-fallen-us-soldier/

Yeah, it sucks that your wife may not be able to get a visitor visa to see your family for the holidays. But you're living together happily in the place where you want to be. Count your blessings.

[AmericanExpat 18]

so you will send in the I130 petition? while its pending you will have even more difficult time getting a tourist visa bcoz they will realize she now has immigrant intent since you petitioning for her. the system is messed up...

They don't ask... They wouldn't even know at the embassy.

[AmericanExpat 18]

So, here's another question if anyone knows.

Say we send in the I-130 petition (since it takes weeks to arrive, process, and get the NAO back to us). In the meantime give the tourist visa another go.

If they deny the tourist visa, the petition is filed to move to the next step for the K3 visa right? If the tourist visa is approved, we just file the change for and send to go along with the I-130, so we don't have to go thru this tourist visa ####### again next time we visit...

But, let's say the tourist visa gets denied again. We wait, and get the approved petition NAO and file for the K3. Then the greencard is approved before the K3 is approved... do we then have to file for the immigrant visa also, the IR1 or CR1? Along with having the greencard? Do you need a visa AND a greencard?

State site isn't really clear if you need some sort of visa AND a greencard.

[AmericanExpat 18]

This, this, and this. Filing the I-130 when you genuinely don't have any intent to live together in the US would be cutting off your nose to spite your face.

Also, here's your reality check for the day: filing a lawsuit, crying discrimination, etc. will get you precisely nowhere. In the grand scheme of visa injustice, you're at the very bottom of a very big heap.

Read this: http://carlosandamy.blogspot.com/p/why.html

And this: http://www.visajourney.com/news/2011/11/15/married-couple-fight-to-live-together/

And this: http://www.visajourney.com/news/2011/11/13/man-says-infant-daughter-died-during-bureaucratic-nightmare/

And this, which had a happy ending but required an act of Congress and a presidential signature to get it: http://www.visajourney.com/news/2011/01/02/presidential-measure-reunites-family-of-fallen-us-soldier/

Yeah, it sucks that your wife may not be able to get a visitor visa to see your family for the holidays. But you're living together happily in the place where you want to be. Count your blessings.

If there is no option to go other than filing for a I-130, then how is it cutting off my nose to spite my face. No other option is left?

It sure will be at the bottom of a huge heap, but I'll have fun, it'll become a little hobby to annoy the hell out of them, and embarrass the local staff for being moronic on a daily basis. They're doing me no good anyways, wont approve the visa, so might as well.

Not being able to visit my home country with my spouse is a bit more that just "sucks". Don't apply for I-130 because we don't plan on living there, ignore the tourist visa denial, and just relax and be happy huh? Nope, I'm not that laid back. Rising to the challenge and having fun making them lok like fools to the local government sounds more fun. Maybe I'll get a movement going where all American's have to apply thru a similar channel to come to Malaysia... That would be interesting.

[Xanax 349]

If there is no option to go other than filing for a I-130, then how is it cutting off my nose to spite my face. No other option is left?

It sure will be at the bottom of a huge heap, but I'll have fun, it'll become a little hobby to annoy the hell out of them, and embarrass the local staff for being moronic on a daily basis. They're doing me no good anyways, wont approve the visa, so might as well.

Not being able to visit my home country with my spouse is a bit more that just "sucks". Don't apply for I-130 because we don't plan on living there, ignore the tourist visa denial, and just relax and be happy huh? Nope, I'm not that laid back. Rising to the challenge and having fun making them lok like fools to the local government sounds more fun. Maybe I'll get a movement going where all American's have to apply thru a similar channel to come to Malaysia... That would be interesting.

I don't think that is what will happen. I think you will just waste your time and energy and ultimately get nowhere.

Tourist visas getting denied for spouses of USC is a very common occurrence.

Try not to get to riled up or hung up on this, it won't do any good. Your best bet is to try for another interview for a B2. Try to control the interview, ie/ "Hi last time I was here I was not able to show XYZ documents, I will show you them now just in case we don't get to it" "here are my documents" , "I will be staying for X amount of time to visit my family" , "I have a job and I will need to get back to it by X date ", "Here is a letter to prove I must return to my job from my employer X", "Here is my mortgage agreement which shows I need to be in Malaysia to make payments XX", "My husband is a resident here , here is proof XX , so obviously I will return" Don't let the IO intimidate you or control the interview, and by you I mean your wife because it is HER interview not yours.

As others have mentioned having a visa or something similar for you in Malaysia might be helpful to solidify your wife's need to return home.

----

Also, you mentioned the K-3 above and some other things, I-130, NAO (which I think you meant NOA), GC and Visas...

I don't think you quite understand how those processes work as you have confused a few terms and items (mentioned an obsolete visa K-3) and are not sure on how a GC works or if you would need a visa and a GC etc etc ... BUT as you don't plan to live in the US anyway, don't think about a GC or spousal visa unless you change your mind.

If you would like a run down of how spousal visas, Green cards or any of the immigration processes work take a look in the guides section above or I am sure someone here will be happy to give you a simple run down. I would but I don't assume that is what you are looking for and you have just been getting a bit muddled in this confusing and stressful process.

----

I wish you good luck! I am sorry your wife's tourist visa was denied. Please try not to get too hung up on it and try again now that you are better informed and more aware of how the process works and why it works the way it does.

Edited November 14, 2012 by Xanax

[tehans 52]

I believe you can do the I-130 directly at the consulate in Malaysia, and it will be quicker. There is no such think as the K3 visa anymore. You don't need a visa and a green gard

So, here's another question if anyone knows.

Say we send in the I-130 petition (since it takes weeks to arrive, process, and get the NAO back to us). In the meantime give the tourist visa another go.

If they deny the tourist visa, the petition is filed to move to the next step for the K3 visa right? If the tourist visa is approved, we just file the change for and send to go along with the I-130, so we don't have to go thru this tourist visa ####### again next time we visit...

But, let's say the tourist visa gets denied again. We wait, and get the approved petition NAO and file for the K3. Then the greencard is approved before the K3 is approved... do we then have to file for the immigrant visa also, the IR1 or CR1? Along with having the greencard? Do you need a visa AND a greencard?

State site isn't really clear if you need some sort of visa AND a greencard.

[Boiler 45,522]

Lots of misinformation.

K3 is effectively dead so forget about that,

You can have more than one visa at the same time.

And you can visit if you have an immigration petition in process.

[Harpa Timsah 13,258]

Wow, this thread is going in circles and circles.

OP - A Greencard is for living in the US, not for visiting. If you want to file for a GC for a visit, I suppose you can, and it will cost $1000 by the time you are done. There are more fees after the initial petition. It will also take about a year to get approved. Then, it will get revoked once they realize she is not living in the US. And yes, the Embassy will know that you filed the I-130 petition. You must think they are really really dumb if you think they won't know that. They are actually pretty smart.

A K-3 doesn't exist anymore. Game over on that.

If your wife wants to visit, she applies for a visitor visa. She has to apply on her own and show strong ties to Malaysia. You don't get to guarantee anything for her. Your whole attitude that you could get her to the US in another way is only confusing you and causing you to mix up multiple different things. You have nothing to do with the visitor visa, except as a tie to Malaysia or the US. Try again for the visitor visa, and she needs to show stronger ties to Malaysia. You getting a more permanent residency there would help; it would be a strong tie for her if her husband is firmly settled abroad.

By filing a I-130 you are shooting yourself in the foot, because you are declaring your intention to live in the US. Now her ties to Malaysia are weaker.

[Harsh_77 718]

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?!

That is the federal rule applicable to all US Citizen.

That is one of the perk of being a USC....

[Harsh_77 718]

OP personally I Think you getting some random advice on this post and you are getting worked up for no reason.

If your intentions are just to visit US with your spouse and you want to settle there than just sit tight until you get your resident status there.

There is no reason for your to file I-130 and pay all those fees nor K3 is applicable to you as well it is already phased out, even if you apply for it you would be put in CR1 line.

Just sit tight and get your resident status there and then have your wife apply for B1/2 worst case is you might not be able to visit US this year but hopefully next year would work out.

Edited November 14, 2012 by Harsh_77

[aaron2020 11,651]

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?!

It makes perfect sense because US citizenship has privileges that extends beyond living here and having assets here. The US citizen has the privilege of having a US passport and consular protection abroad. The person can come and live in the US. They person can petition for foreign family members to come live in the US.

There is a path to not paying US taxes - give up all the rights of US citizenship and you wouldn't be burden with the responsibilities of US citizenship. Give up the US passport. Give up having the right to travel freely in the US and practically most of the world (somehow I imagine a Vietnamese passport wouldn't get me into most countries). Stop petitioning the US government for visas for your relatives.

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...

Why is it not common sense to tax people who make their money as US citizens to pay their taxes before permanently giving up their citizenships? Why should they get the advantage of making their money as US citizens, but not paying taxes on the way out? Seems like good common sense to me. Once you pay your taxes, then you are free to do whatever you want.

For example; Read this - http://www.bloomberg.com/news/2012-05-11/facebook-co-founder-saverin-gives-up-u-s-citizenship-before-ipo.html

Why should a guy from Brazil be able to immigrate to the US, become a US citizen, become a Facebook founder, and make billions of dollars as a US citizen be able to renounce his US citizenship to go live in Singapore without paying his fair share of taxes on the way out?

Edited November 14, 2012 by aaron2020