How do you prove ties to your home country when the CO doesn't ask questions?

[pollywog 1]

Hi, My boyfriend of 4 years was applying for a tourist visa and he actually does have ties to his home country- a job, land, cars and motorcycles, a child from a previous relationship, visa to travel to a neighboring country, bank account with a couple thousand $US, etc.

The only 2 questions the CO asked were:

Why do you want to go to the US?

response was: to accompany his girlfriend who is a USC who has been living abroad for 5 years to give birth.

Do you have any children?

response was: yes- I have one.

I'm guessing his reason for wanting to travel to the US was not a good one?? But it was the truth...

We are actually about to get married but it sounds like this could make the situation even worse? Any advice?

We don't plan on living in the US anytime soon so are just looking for a tourist visa.

[Hypnos 6,578]

The CO decided that his potential reasons for returning to his home country were not compelling enough than the potential reasons for remaining in the US, getting married, and adjusting status.

Given the circumstances as you have described them, him obtaining a tourist visa is going to be extremely difficult. If you get married, it will be almost impossible.

[Harpa Timsah 13,258]

Mostly cases are judged by the information supplied beforehand. So they already knew about his situation before he was interviewed. What country?

[pollywog 1]

Haiti, which I know is difficult for getting visas... It was his first time applying for any type of visa.

I understand the part about needing more compelling reasons to return to Haiti than staying abroad but my annoyance comes from the CO not asking any questions to even be able to judge that. The written application is so basic- what do they glean from that other than married/single?

[mallafri76 1,012]

my annoyance comes from the CO not asking any questions to even be able to judge that.

Probably because the CO had already made up his mind before the interview. Unfortunately, people coming to the US on tourist visas or the VWP and then staying to adjust status is just so common, I guess the CO didn't wanna risk it...

[Hypnos 6,578]

^This.

A lot of the time the CO has already made up their mind before you've even walked into the room. You're just going there to receive their decision.

Edited May 25, 2016 by Hypnos

[Meg&Andrew 297]

when my fiancé went for his tourist visa interview, he said they didn't ask him anything. As soon as he walked in the CO said he didn't have enough ties to his country. That was it. He said he wasn't in the room for 2 mins. The CO had the decision made before he walked in.

[Unlockable 7,315]

Yep, decision was made prior to interview. Also, I think having a USC gf that is about to birth solidified the decision.

[az2014 381]

His response should have been 'to visit my girlfriend'.

No need to volunteer extra information unless asked. The fact you are giving birth makes any of his home ties look very weak - plenty of men would leave it all and stay with their new born child and girlfriend.

[pollywog 1]

But his girlfriend (myself) lives in Haiti, has lived here for the past five years and will probably live here for the next five years. Saying he wanted to "visit his girlfriend" would have been a lie.

The only reason I am wanting to go to the US to give birth is because I want the baby to be evaluated for any zika-related problems, which they can't do here. Not that I want to get into it on this forum but supposedly 80% of people infected are asymptomatic but could still result in birth defects.

[az2014 381]

But his girlfriend (myself) lives in Haiti, has lived here for the past five years and will probably live here for the next five years. Saying he wanted to "visit his girlfriend" would have been a lie.

The only reason I am wanting to go to the US to give birth is because I want the baby to be evaluated for any zika-related problems, which they can't do here. Not that I want to get into it on this forum but supposedly 80% of people infected are asymptomatic but could still result in birth defects.

Sorry I missed the part where you said accompany, thought you were there already.

[Unlockable 7,315]

Put on a CO hat and reread the answers he gave. Remember that all applicants are presumed to have immigrant intent. In the CO's eyes your boyfriend basically revealed that he is about to go to the US and witness a special event of his life that could cause him to change his mind on returning.

Now let us look at your case. Even you realize that it is better to have a birth in the US. How far along are you? You don't necessarily have to answer that but let's say you are 3 months. Your boyfriend "visits" with you for 6 months and right before you give birth he will just return?

Ok, now let's say you are 6 months. He will stay with you after the birth but would have to leave you behind until you and the child are ok to travel.

And what would you do if when your boyfriend enters the US and the POE officers only gives your bf a 2 week entry pass?

And let's say (God forbids) that there IS a birth defect. And treatment and help is readily available for you in the US. You would still return to Haiti? Or your bf would up and leave you because his entry limit is near.

And even though you are living in Haiti with him you obviously are able to live in the US for an extended period of time since you intend to have a birth here. Where will you be staying during your pregnancy and after birth? (Again, this is an example question to give you an idea of how it looks.)

With all of the examples I just gave you, the CO is looking at it as for a number of reasons be it a better life for the child or (once again God forbids) complications during your pregnancy, at anytime your bf can just remain in the US and marry you to get a GC later.

Edited May 25, 2016 by NuestraUnion

[JFH 12,191]

He might have ties to Haiti but his ties to the USA are stronger. Love is the strongest tie. Cars can be sold. Houses can be sold or returned to landlords. Jobs can be quit. A new car can be bought. A new apartment can be rented. A new job can be found. But he only has (and wants) one girlfriend.

And what if the baby shows problems caused by zika virus? Are you going to stay in the USA? The treatment and care there is surely better than Haiti. So the CO is thinking "who would leave their girlfriend and sick child to go home?".

Unfortunately too many boyfriends/girlfriends/spouses have presented themselves as tourists at the border and then had an epiphany moment and decided their "very strong ties to home" that they took great trouble in demonstrating to the CO suddenly aren't so strong after all and can be broken.

[TBoneTX 45,956]

Among several good posts, the one just above has nailed it.

Another way of stating it is that the COs are acutely aware of the fraud rates in their assigned countries, and refusal rates are often influenced by that.

Edited May 26, 2016 by TBoneTX

[Cathi 5,783]

Haiti, which I know is difficult for getting visas... It was his first time applying for any type of visa.

I understand the part about needing more compelling reasons to return to Haiti than staying abroad but my annoyance comes from the CO not asking any questions to even be able to judge that. The written application is so basic- what do they glean from that other than married/single?

You said in your original comment that he has a "visa to travel to a neighboring country", but you say here it was his first time applying for any type of visa. You just contradicted yourself