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

[AmericanExpat 18]

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.

We're set to send in the I-130 petition, because it seems to be the only way to be able to go and visit as we want, since the tourist visa was denied.

All the government visa process websites give reference to the K-3 visa as the next step after filing the I-130. Then I see another section of the state.gov site that says if your I-130 is approved, the K3 app is dropped, and you then apply for the CR1...

It seems that you need the GC and the CR1 based on the government sites and the steps they outline...

Just trying to figure out what to do since we have to go on the assumption that they will deny the B2 visa again and again and again... We only have the one try left to go back and try with my spouse visa. After that only other option (other that dribbling $ into application fees), is to apply for the GC and use that to go back and forth. Just not clear if also need the CR1 AND the GC. The I-130 states nowhere that I have to be living in the US to petition, or that we have to live in the US after getting it. In fact, it states instructions for USC that are petitioning from abroad. It just says if she's out of the country from more than 6 months, she needs to apply for a re-entry permit also... So, we go back and visit the US for a few weeks every 5 months or so...

Seems like all a silly game to make people have to play just because immigration has a twisted view that EVERYONE wants to migrate to the US. A lot of people just like to visit friends, family, and spend money as tourists...

[Harpa Timsah 13,258]

We're set to send in the I-130 petition, because it seems to be the only way to be able to go and visit as we want, since the tourist visa was denied.

All the government visa process websites give reference to the K-3 visa as the next step after filing the I-130. Then I see another section of the state.gov site that says if your I-130 is approved, the K3 app is dropped, and you then apply for the CR1...

It seems that you need the GC and the CR1 based on the government sites and the steps they outline...

Just trying to figure out what to do since we have to go on the assumption that they will deny the B2 visa again and again and again... We only have the one try left to go back and try with my spouse visa. After that only other option (other that dribbling $ into application fees), is to apply for the GC and use that to go back and forth. Just not clear if also need the CR1 AND the GC. The I-130 states nowhere that I have to be living in the US to petition, or that we have to live in the US after getting it. In fact, it states instructions for USC that are petitioning from abroad. It just says if she's out of the country from more than 6 months, she needs to apply for a re-entry permit also... So, we go back and visit the US for a few weeks every 5 months or so...

Seems like all a silly game to make people have to play just because immigration has a twisted view that EVERYONE wants to migrate to the US. A lot of people just like to visit friends, family, and spend money as tourists...

You are WRONG.

The I-130 is just the first step that leads to a CR-1 visa in about a year. All told it costs about $1000. There are many more steps, including an interview at the consulate, who has the final say. Once the CR-1 visa is granted, the immigrant will then enter the US and by doing so trigger their Legal Permanent Resident Status. Then the person must live in the US or their GC will be taken away. If you plan to only visit, the GC will be revoked. It can be revoked at any time. If you visit the US every 5 months, they will clearly see you travel history and know that you are abusing the GC and take it away.

Furthermore, a part of the process involves YOU, the USC proving that you either have not abandoned US residence or intend to reestablish residence. They will want to see all of your tax returns, and they will want to see that you have either bought a house in the US or have rented a place in the US, that you have found a job in the US, etc. You won't be able to show this because you don't want to live in the US and you will be denied the CR-1 visa.

You are being rash and ruining your chances for a tourist visa for good. A GC is for living in the US, NOT VISITING. You cannot live in the US on a spousal visa, it is not a pass to visit, it results in a GC which has responsibilities that come with it, mainly living in the US and filing taxes.

Edited November 14, 2012 by Harpa Timsah

[AmericanExpat 18]

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.

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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.

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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.

We'll try the B2 again, with my spouse visa in Malaysia. If it fails, I plan on filing the I-130, so we can come and go without going thru this circus again. There's no other route to take other than endlessly applying for the B2...

All the government sites (and this site as well) still references the K3, so yes, I'm confused what step comes after the I-130 filing. We get the NOA, then... if no K3 then what while waiting for the GC?

I'm lost, yep. Just want to be able to visit friends and family back home once in awhile....

[Boiler 45,486]

Technically domiciled, but probably not a good way unless you are totally desperate to visit.

[Harsh_77 718]

I will completely agree with Harpa if you do not plan to live in US filing for CR1 is waste of money.

GC is not a free pass to enter and exit US, to maintain the GC your spouse will have to live in US.

As I mentioned in my earlier post sit tight until you get your perm resident status in Malaysia and then apply for tourist visa with proof of your business and any other proof that you think are relevant to show you are settled in Malaysia.

[Brother Hesekiel 2,236]

I would wait until you have established permanent residency in Malaysia. Then your wife can show documentation proving that you are both domiciled there, have a business, perhaps a home, and have no intentions to move to the United States.

Once you filed an I-130, that door closes, and if your wife applies again without substantial proof of ties to Malaysia, she'd be reducing her chances of approval also. Her entire history with the US consulate is documented. It's fair to assume that someone who has been denied 5 or 6 or 7 times will not have an easier run at application number 8.

[Xanax 349]

I would wait until you have established permanent residency in Malaysia. Then your wife can show documentation proving that you are both domiciled there, have a business, perhaps a home, and have no intentions to move to the United States.

Once you filed an I-130, that door closes, and if your wife applies again without substantial proof of ties to Malaysia, she'd be reducing her chances of approval also. Her entire history with the US consulate is documented. It's fair to assume that someone who has been denied 5 or 6 or 7 times will not have an easier run at application number 8.

I agree with this .

We'll try the B2 again, with my spouse visa in Malaysia. If it fails, I plan on filing the I-130, so we can come and go without going thru this circus again. There's no other route to take other than endlessly applying for the B2...

All the government sites (and this site as well) still references the K3, so yes, I'm confused what step comes after the I-130 filing. We get the NOA, then... if no K3 then what while waiting for the GC?

I'm lost, yep. Just want to be able to visit friends and family back home once in awhile....

If you go the spousal visa route - It is called CR-1 or IR-1 depending on the length of your marriage. Also, you have to be able to prove continued domicile in the US, I believe so that will not work for you. If your spouse does not maintain residence in the US her GC may be taken away/ considered abandoned; similarly if she gets a GC she will have to file US taxes too, I believe (I could be wrong on that point). If her GC is taken away or considered abandoned she will have to apply for B2's again and go through what you call the "circus". You will have just wasted money and time.

If you still feel the spousal visa is the right path for you (I don't personally think it is and most people who have replied to you have also stated as much) then follow the guide in the guides section above ^. It will give you all the info , how to, and time estimates on the process.

Edited November 14, 2012 by Xanax

[AmericanExpat 18]

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.

The K3 visa seems to mentioned everywhere, including on this site. How is it dead?

Can visit if you have an immigration petition in process? How?

[Boiler 45,486]

It is slower so is administratevly closed.

As a visitor, well that is what I did.

[AmericanExpat 18]

The embassy does not care about the weather in New England or whether or not you turn into "popsicles". There is a legal way for US citizens to get visas for their spouses to the US, and that is not a visitor visa, it is an 130 petition for cr1/ir1 visa. You can argue all you want about what you think is right or wrong and it won't get you anywhere, you are talking to a group of people who took this process seriously, did their research,filed the correct type of petition for visa, paid all the fees, and waited in line. You are banging your head against a wall if you think that arguing your case here is going to convince any of us that you should be the exception to the rule. If I were you I would start reading the guides here at the top of the page, and if you want your spouse to be able to visit next year for the holidays you should start your petition soon. Good luck.

I think you're misunderstanding Mimolicious. We do not want to migrate into the US.

The legal way for us is a tourist visa, since we only want to be able to visit. By denying the tourist visa, we're being forced to apply for a greencard, that we don't want.

I just don't understand that mindset of "everyone is an automatic immigrant". I double don't understand the interviewer who doesn't even look at the proof that clearly shows all the ties OUTSIDE of the US. How to prove when they don't even look at the proof?

I'm lad for everyone who WANTED to move to the US with their spouses, and went thru the paperwork to do so. This just isn't our case, but it appears we're being forced to go thru this avenue, because of the assumption that it is what we must want to do...

Pretty arrogant policy.

[AmericanExpat 18]

You are WRONG.

The I-130 is just the first step that leads to a CR-1 visa in about a year. All told it costs about $1000. There are many more steps, including an interview at the consulate, who has the final say. Once the CR-1 visa is granted, the immigrant will then enter the US and by doing so trigger their Legal Permanent Resident Status. Then the person must live in the US or their GC will be taken away. If you plan to only visit, the GC will be revoked. It can be revoked at any time. If you visit the US every 5 months, they will clearly see you travel history and know that you are abusing the GC and take it away.

Furthermore, a part of the process involves YOU, the USC proving that you either have not abandoned US residence or intend to reestablish residence. They will want to see all of your tax returns, and they will want to see that you have either bought a house in the US or have rented a place in the US, that you have found a job in the US, etc. You won't be able to show this because you don't want to live in the US and you will be denied the CR-1 visa.

You are being rash and ruining your chances for a tourist visa for good. A GC is for living in the US, NOT VISITING. You cannot live in the US on a spousal visa, it is not a pass to visit, it results in a GC which has responsibilities that come with it, mainly living in the US and filing taxes.

Well, I suppose if we went thru the process of getting the GC, then it gets taken away, we should be able to obviously prove that we have no intent of staying in the US at the subsequent tourist visa interview again...

"I ma here for a tourist visa"... I had a GC, but since I did not stay in the US, it was taken away, hence clearly demonstrating that I have no intent to migrate to the US"

...that might be enough proof for them?

[VanessaTony 3,567]

Well, I suppose if we went thru the process of getting the GC, then it gets taken away, we should be able to obviously prove that we have no intent of staying in the US at the subsequent tourist visa interview again...

"I ma here for a tourist visa"... I had a GC, but since I did not stay in the US, it was taken away, hence clearly demonstrating that I have no intent to migrate to the US"

...that might be enough proof for them?

Nope. It'll prove to them that your wife doesn't care about US immigration laws and will gladly violate those laws to get her way.

I don't see you getting approved for the CR-1 either. You need to be living in the US.

Wait till your spousal visa in Malaysia is approved and then have her apply again. It makes much more sense. Probably take less time for that to be approved than the CR-1 anyway!

[AmericanExpat 18]

Nope. It'll prove to them that your wife doesn't care about US immigration laws and will gladly violate those laws to get her way.

I don't see you getting approved for the CR-1 either. You need to be living in the US.

Wait till your spousal visa in Malaysia is approved and then have her apply again. It makes much more sense. Probably take less time for that to be approved than the CR-1 anyway!

The CR-1 application states no where that I have to be living in the US though... where do you find that information? It's sure not stated anywhere...

Having a GC also doesn't state that you have to live in the US, we can easily maintain an apartment there, and go back and forth so show we're there throughout the year. As long as we file taxes, that fulfills that requirement.

We leave, file the notice of leave forms...

Meh, its a screwed system, with a screwed sense that everyone wants to go there. Only people from countries that are ####### would want to migrate there. I've seen more homeless people in one city alone then I have in the entire time I've lived in Malaysia... go figure.

[VanessaTony 3,567]

The CR-1 application states no where that I have to be living in the US though... where do you find that information? It's sure not stated anywhere...

Having a GC also doesn't state that you have to live in the US, we can easily maintain an apartment there, and go back and forth so show we're there throughout the year. As long as we file taxes, that fulfills that requirement.

We leave, file the notice of leave forms...

Meh, its a screwed system, with a screwed sense that everyone wants to go there. Only people from countries that are ####### would want to migrate there. I've seen more homeless people in one city alone then I have in the entire time I've lived in Malaysia... go figure.

The permanent resident stuff applies to your wife, the proof of domicile is you based on the I-864 that you'll need to file later.

[EAS 45]

-- CLIP --

Having a GC also doesn't state that you have to live in the US, we can easily maintain an apartment there, and go back and forth so show we're there throughout the year. As long as we file taxes, that fulfills that requirement.

-- CLIP --

A quick and simple search yields the following:

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the "INA" link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a "nonimmigrant" on your tax returns

So, technically you do not have to live everyday of your life in the US, BUT it is up to the discretion of the deciding officials "in determining whether your status has been abandoned". The rule of thumb that I have seen passed around is generally more time in the USA than outside of the USA. But I am not a lawyer or an immigration official.

On a personal note, as others have said, the attitude you come across as having here will not serve you well when dealing with the authorities. You have to remember that the people doing these jobs have a duty to uphold the laws of the US, they don't create the laws.

Edited November 15, 2012 by EAS