Confusion re: need to file i-130 form for B-2 Visa

[merah 0]

Tues., Feb. 21, 2017

 

Dear VisaJourney Members:

 

 

I am a U.S. citizen who has lived in Indonesia for many years.  I was married to my Indonesian wife in 2006.

 

My wife and I are planning to visit the U.S.  This would be the first time she would be visiting.  My wife filed the requisite D-160 form and paid the visa application fee. Today my wife appeared at the U.S. Embassy in Jakarta for the B-2, non-immigrant visa interview.  Her application for entry into the United States was denied based on her inability to demonstrate strong ties to her own country (i.e., Indonesia).

 

Upon issuing the denial, the only counsel offered my wife by the interviewer was that I, as her spouse, must file an i-30 form.  This appeared to be what was lacking, but I'm confused by the need to file the i-130.

 

I am seeking clarification. The i-30 form appears to be a requirement for U.S. citizens serving as petitioners who wish to bring their foreign-born spouse or other non-U.S. citizen family members into the United States as immigrants.  My wife is only seeking to accompany me on a short trip to visit my American relatives in the U.S.  We do not seek immigration for my wife to the U.S. Our home is in Indonesia and we plan on returning from a trip to the U.S. within a short amount of time. 

 

Must U.S. citizens living outside of the country report their marriage to a foreigner through i-30 in order to demonstrate a bona fide marriage to the USCIS?

 

Is it that I must prove that I, as the American spouse, am living in Indonesia?  Is it that the USCIS has no proof of my living here?  I long ago applied and informed the ACS that my primary residence is in Indonesia. Wouldn't the fact that I, my wife's husband, lives in Indonesia demonstrate a strong tie for my wife as to a reason for returning to Indonesia?

 

The fact is that my spouse has applied for entry into the U.S. on a non-immigrant basis.  I understand the law forces the USCIS to assume ill-intention on the part of foreign-born people applying for entry into the U.S., but it appears that the USCIS is forcing me to apply for immigration status for my wife when all I want to do is have her accompany me on a short visit to the U.S.  

 

 

Thank you for your time and consideration.

 

 

[kareelina 42]

40 minutes ago, merah said:

Tues., Feb. 21, 2017

 

Dear VisaJourney Members:

 

 

I am a U.S. citizen who has lived in Indonesia for many years.  I was married to my Indonesian wife in 2006.

 

My wife and I are planning to visit the U.S.  This would be the first time she would be visiting.  My wife filed the requisite D-160 form and paid the visa application fee. Today my wife appeared at the U.S. Embassy in Jakarta for the B-2, non-immigrant visa interview.  Her application for entry into the United States was denied based on her inability to demonstrate strong ties to her own country (i.e., Indonesia).

 

 

 

As long as you are married then non-immigrant visa is not the right one for your wife . Same happened to me in 2014 I applied for a B2 visa just to visit my husband and spend the summer vacation with him as I had no intention of immigrating , but at the interview although I brought all the evidence that let me return : bank statement , property , job . the CO said this is not the visa for you , your ties in American are much stronger than your ties in Egypt . 

And my husband applied for immigrant visa and waited for more than 18 months till we got approved.

Edited February 21, 2017 by kareelina

[MacUK 983]

By law all applicants for non-immigrant visas are considered to have immigrant intent until the interviewing officer is convinced otherwise. They are required to deny tourist visas if they have any doubt the the applicant will leave the US at the end of their trip.

It's unfortunate that this means that many people, but more especially immediate relatives of US Citizens, have a harder time getting approved.

 

What they are telling is that, yes, you would need to apply for an immigrant visa for her and go through all the costs and hassles of that process.

You could provide her with documents that state that your long term plans are based in Indonesia but they probably won't have any effect. The CO probably wouldn't even look at them. 

The mindset is based on the assumption that absolutely every person in the world wants to live in the US and will lie, cheat and scam their way in there.

Unfortunately innocent people often pay the price.

 

The idea with the I-130 is usually that if you get her a greencard and then after visiting the US with it she voluntarily gives it up then she has more chance of being approved later on for a tourist visa as she's had the opportunity to live in the US legally and decided not to, thereby proving non-immigrant intent.

[merah 0]

Thanks kareelina and MacUK for clarifications.  I'm beginning to see the light.  I'd love to here so more personal testimonies on the subject!

[geowrian 22,338]

It's a tough situation as a tourist visa is the correct visa for what you want to do. However, consider it from the CO's perspective - once in the US, what's going to stop her from filing for a green card? The CO determined that there was not enough reason for her to return home.

 

You can do an I-130, but if she plans to live in Indonesia, then her LPR status would get eventually get revoked anyway. As you read, an I-130 is for somebody immigrating to the US.

 

Unfortunately, I'm not sure there are any good options for you to do the short US trip with her. Long term, she can establish more ties to Indonesia and then try again for a tourist visa. Re-filing for a tourist visa without changing the circumstances is unlikely to have a different result.

[merah 0]

Geowrian:

 

I appreciate and understand your points.  They are certainly helpful. The quandary I have is just how does my wife demonstrate closer ties to Indonesia when she already owns land, a house, and helps support relatives from her home town?  Must she produce a business license as well?  I understand that the CO has his or her job to do, but if visa denial had to do with a lack of close ties, they didn't take the time to mention it.  I'm not supposing they'd have the legal responsibility to show cause, but, of course, it leaves one in limbo.  The current anti-immigrant fervor, impending strengthening of powers handed immigration officers as well as the new draft of a travel ban upcoming this next week of course create a toxic context for all this.  Certainly my wife and I are not alone in all this.........

[geowrian 22,338]

7 hours ago, merah said:

Geowrian:

 

I appreciate and understand your points.  They are certainly helpful. The quandary I have is just how does my wife demonstrate closer ties to Indonesia when she already owns land, a house, and helps support relatives from her home town?  Must she produce a business license as well?  I understand that the CO has his or her job to do, but if visa denial had to do with a lack of close ties, they didn't take the time to mention it.  I'm not supposing they'd have the legal responsibility to show cause, but, of course, it leaves one in limbo.  The current anti-immigrant fervor, impending strengthening of powers handed immigration officers as well as the new draft of a travel ban upcoming this next week of course create a toxic context for all this.  Certainly my wife and I are not alone in all this.........

Well, that's the challenge here. Does she have a job? If so, her employer can write a letter stating that she is due back for work on x/x/20xx, which shows she has obligations back home. Does she regularly travel abroad? A frequent history of traveling abroad may help.

 

Correct. The CO doesn't have to show any cause - the assumption would be that she intends to immigrate until evidence indicates otherwise. It's at the discretion of the CO if it met that threshold or not.