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B1/B2 Denied for Parents: Ukraine

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Filed: K-1 Visa Country: Ukraine
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VJers,

Just got the phone call saying that my wife's parents were denied visas to come visit us in the US. I'm going to sum this up as best as I can, if someone can offer advice, please help me out in a time of need.

On an semi-related note, we got our first taste on how issuing visas works a few months ago. Our friends, who have stable income, a large piece of property and have a child - were all denied visas (the consulate never looked at their documents and had already made up their minds) several months ago. They reapplied without their child (and I had a note from our congressman) and they were denied a second time several weeks later. I don't know how you can show stronger ties when you leave your child home, but I guess this is how our system 'works' and everyone is a threat of staying here.

Onto her parents...

Wife is green card holder for one year. Parents own two apartments (fully paid) and are both recently retired and are both receiving a pension. They have never travelled outside of Ukraine and have no intention of immigrating to the US. I'm sure this is all too common of a story and many people have been in our shoes.

The interview was very brief, they did look at their documents and asked a few questions but were ultimately denied saying that they don't have strong enough ties to their city. They brought all necessary documents and brought as much proof as humanly possible.

Where do we go from here? Do they reapply again, change nothing, and hope for another immigration officer? Do I contact my senator and see if that route works, even though it didn't work before with our friends? Do I file a formal complaint to USCIS and explain how it seems like the US is like a prison and no one is allowed to visit even though we followed the process 100% legally and paid all fees?

Please, someone, shed some light on what to do. It's so easy to write the words "wait until she gets citizenship" which is several years away.

I would love to see a glimmer of light at the end of the tunnel. This whole process is humiliating, costing us money and unfair - all we want is her own parents to visit me and my wife.

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Filed: Citizen (apr) Country: Canada
Timeline

I am sorry about your friend and your parents in law. But your post is filled with entitlement statements. The US is clearly not a prison, people ARE allowed to visit, and just because you file the forms and pay the fees does not guarantee you to a visa.

Part of the issue is that Ukraine is a high fraud country for tourist visas, from what I've read. What would prevent your in laws from leaving their apartment, move to the US and receive their pension payments there? It did not seem like they have a lot of ties.

Since there is no entitlement to a US visa, a congressman cannot help. What can they do? They can say "please issue a tourist visa" but the fact is that the discretion is left to the consular officer reviewing the case.

Nothing is preventing you them reapplying. They can work on their ties (often being creative) and perhaps they will receive a different answer.

Is there anything preventing your wife from visiting them?

good luck

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (apr) Country: Iran
Timeline

Look at the proof of ties from the IO's perspective. They receive a pension, money goes into the bank, they can withdraw that money from inside the US. They own two apartments. They rent out the apartments, hire someone to collect the rent and put it in the bank, they can withdraw that money from inside the US. So these really aren't ties to the home country as they don't have to be in the country to benefit from them.

How about family living there? Ties to the community? What do they have that shows they will return to the country when the visit is over?

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Filed: K-1 Visa Country: Ukraine
Timeline

I understand there's no entitlement to a visa to come to the US. It seems like the way America operates in general (at least from my point of view) seems to better off than other countries. I love living here - my wife and I created our own business together and registered it with the state, our parks, the police, etc... the general way of life here is pretty easy going. Even when we applied for my wife to come to America (K1), the whole process was relatively smooth, we paid our dues and filled out all the paperwork and she got her green card in a relatively quick fashion without any hangups. It just seems, to me, that applying for B1/B2 shouldn't be as difficult as it seems.

What do you suggest on further documents that can prove their stay? Her mother's dad is alive and lives a few hours away - she mentioned this in the interview.

Just reapply and hope for the best? Any other suggestions?

Thanks for your reply - I appreciate it.

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Filed: IR-1/CR-1 Visa Country: India
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I and other experienced members on here have mentioned it multiple times, letter from congressman or senator does not hold any value when applying for B1/2.

As Canadian Wife suggested, visa is not a right just coz one paid the fees and filled the form does not mean the visa would be granted.

Unfortunately there are few countries where when ppl are granted B1/2 they are abused. Ppl enter US using the B1/2 and then never return back to their home country. All you can do is try to re-apply there is not much you can do. Also in meanwhile they can do is increase the ties back home, have some investments etc.

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Filed: K-1 Visa Country: Ukraine
Timeline

I understand.

Would anyone suggest having them apply separately? Only one can come at a time anyway as they have a dog that needs to be taken care of when one person is gone.

Is there any problems with one parent applying and maybe another parent applying later down the road?

Thanks for the replies.

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Filed: K-1 Visa Country: Wales
Timeline

You mentioned that they have never traveled outside of Ukraine. One suggestion is to have them travel around neighboring Shengen countries to establish a history of traveling and returning back to their home country. It seems to work for some VJ family members.

I was thinking the same.

PS I have an apartment etc in my home country but have been in the US for 8 years, so not much of a tie in my case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ukraine
Timeline

I understand there's no entitlement to a visa to come to the US. It seems like the way America operates in general (at least from my point of view) seems to better off than other countries. I love living here - my wife and I created our own business together and registered it with the state, our parks, the police, etc... the general way of life here is pretty easy going. Even when we applied for my wife to come to America (K1), the whole process was relatively smooth, we paid our dues and filled out all the paperwork and she got her green card in a relatively quick fashion without any hangups. It just seems, to me, that applying for B1/B2 shouldn't be as difficult as it seems.

What do you suggest on further documents that can prove their stay? Her mother's dad is alive and lives a few hours away - she mentioned this in the interview.

Just reapply and hope for the best? Any other suggestions?

Thanks for your reply - I appreciate it.

I think you are wasting your time. Wait until she becomes a U.S. Citizen. You will have a much better chance then.

K-1 / K-2 Timeline:
02/02/2010 - Sent I-129F
02/04/2010 - NOA1
05/06/2010 - NOA2
07/13/2010 - Consulate Interview - APPROVED
07/17/2010 - POE (JFK)

07/30/2010 - MARRIED!

AOS-EAD Timeline:
08/29/2010 - AOS-EAD sent
09/08/2010 - NOA1
09/17/2010 - Biometrics
11/06/2010 - EAD card received
11/08/2010 - AOS interview - GC's APPROVED
11/19/2010 - Green Cards Arrived

After two amazing years together....

ROC Timeline:
08/10/2012 - ROC sent
08/14/2012 - NOA1
08/27/2012 - Biometrics

05/01/2013 - ROC - APPROVED

05/06/2013 - Green Cards Arrived

Citizenship:

08/31/2013 - N-400 sent

09/04/2013 - NOA1

09/27/2013 - Biometrics

10/08/2013 - In-Line

11/13/2013 - Interview

12/13/2013 - Oath -- Now a U.S. citizen!

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