b2 denied

[anyname12 0]

hello,

i am a US citizen who would like to have my wife and youngest son visit my US citizen family. We have been married for 6 years and denied twice for a tourist visa. We meet all criteria under the CFR regulations. My wife has no desire to leave remaining children and grandbabies. This process and denials have really shaken my belief in my govt. i served in the US army, worked as a US merchant officer and my family heritage can be traced to the beginnings of the USA . 

my question is, what makes the policy towards USC's right if the statistics on visa overstay and illegal imigration show otherwise? 

Edited February 6, 2018 by anyname12
i need to understand the qualifying factors if federal regs are not the guidelines used for approval or denial

[acidrain 325]

Did they give you a reason for the denial? What were their ties back home (job, home, etc)?

 

Unfortunately when there is family in the US the interviewer may assume immigrant intent.

[anyname12 0]

had all supporting documents. 

5 minutes ago, acidrain said:

Did they give you a reason for the denial? What were their ties back home (job, home, etc)?

 

Unfortunately when there is family in the US the interviewer may assume immigrant intent.

we had all supporting documents and letters of invitation from mother. my wife has a business, children in home country and a large community of friends. I dont understand why a USC is targeted as a threat. I dont want to break the law and neither does my wife. 

[usmsbow 801]

I'm not sure how the CFR applies to B2 visa applications... 

 

Anyway, just my two cents:

 

1. Letter of invitation is irrelevant for the consular official. Doesn't help your application at all.

2. Friends also irrelevant. 

3. Assuming she received a normal rejection, she did not receive the visa because she could not demonstrate strong enough ties to her home. It has nothing to do with being a threat. 

4. What's the business? Could be it be done from anywhere (such as a consultant gig) or does she have to stay local? And did you have documentation of that business?

5. You mention grandkids, so it sounds like at least some of her children are grown up. Not a significant tie to her home. 

6. Has she traveled outside Indonesia? Outside SE Asia? 

 

And my one piece of advice: if she's gone to the Jakarta embassy both times, she might want to apply at the Surabaya consulate. I've heard they are a little less strict there, but I don't know how accurate that info is... 

 

 

[Ontarkie 14,143]

~~Moved to tourist visas, from K1 Progress Reports - The OP is married and is asking about a tourist visas.~~

[mcdull 474]

You could be may flower and that’s you.  You aren’t denied entry. 

 

What evidence did you submit?

[Going through 5,669]

A letter of invitation more often hurts, rather than helps, an applicant.

Since her children are older (evidenced by grandkids) not necessarily a strong tie.

Having a USC spouse shows a strong tie to the US when applying for a B2, they can presume immigrant intent from this at times)

Friends are not a tie (no matter how large/small the circle is).

 

What were the years she applied for the 1st and 2nd visas?  Applying too soon after the first denial, and then again too soon after the second denial can come off as seeming desperate to enter the US which works against her....unless her personal situation changes she will be denied.

 

What kind of job does she do?  If it is an online business that can operate from anywhere, or she can work remotely from anywhere, not a strong tie to the home country.

Edited February 7, 2018 by Going through

[anyname12 0]

6 minutes ago, usmsbow said:

I'm not sure how the CFR applies to B2 visa applications... 

 

Anyway, just my two cents:

 

1. Letter of invitation is irrelevant for the consular official. Doesn't help your application at all.

2. Friends also irrelevant. 

3. Assuming she received a normal rejection, she did not receive the visa because she could not demonstrate strong enough ties to her home. It has nothing to do with being a threat. 

4. What's the business? Could be it be done from anywhere (such as a consultant gig) or does she have to stay local? And did you have documentation of that business?

5. You mention grandkids, so it sounds like at least some of her children are grown up. Not a significant tie to her home. 

6. Has she traveled outside Indonesia? Outside SE Asia? 

 

And my one piece of advice: if she's gone to the Jakarta embassy both times, she might want to apply at the Surabaya consulate. I've heard they are a little less strict there, but I don't know how accurate that info is... 

 

 

Those documents we available. Officer did not look at them. The letters of invite show why she was wanting to visit. As far as family and children. At my wifes age it is unreasonable to believe she would leave them permanently for the USA. A younger person('s) of foreign citizenship visiting the USA seems a more likely candidate for overstay or lying about intent.  She has traveled outside of the country(SE) asia. My use of the word threat is not appropriate, i withdraw that. This process has however been very hurtful to my family and i just don't understand the process. i have trouble explaining this to my friends and my wife.  

[Going through 5,669]

5 minutes ago, anyname12 said:

As far as family and children. At my wifes age it is unreasonable to believe she would leave them permanently for the USA. A younger person('s) of foreign citizenship visiting the USA seems a more likely candidate for overstay or lying about intent. 

You would be surprised at how often the reverse happens....and how often it's seen here on VJ.  Many times older parents come across on B2s as tourists and then "all of a sudden" decide to stay and adjust status through their adult children.

[cyclone27 710]

The person applying needs to prove on their own merits that they have no immigrant intent.

 

Unfortunately the system was abused in the past and most 3rd world country residents will have a hard time getting tourist visas.

[anyname12 0]

10 minutes ago, Going through said:

A letter of invitation more often hurts, rather than helps, an applicant.

Since her children are older (evidenced by grandkids) not necessarily a strong tie.

Having a USC spouse shows a strong tie to the US when applying for a B2, they can presume immigrant intent from this at times)

Friends are not a tie (no matter how large/small the circle is).

 

What were the years she applied for the 1st and 2nd visas?  Applying too soon after the first denial, and then again too soon after the second denial can come off as seeming desperate to enter the US which works against her....unless her personal situation changes she will be denied.

 

What kind of job does she do?  If it is an online business that can operate from anywhere, or she can work remotely from anywhere, not a strong tie to the home country.

we applied originally in 2012 after first being married. I understood that it may be suspicious so we let it go. six years later we tried again. Denied again. my mother is in her 70's now. My concerns are that my wife never meets her. I am sure that you can appreciate this. 

The reason I stated my ties and history in the USA is because it is who I am. These are my roots that I wish my wife and youngest boy to know. These roots do go back to the Mayflower that mcdull stated. My Fathers have fought wars and served the United States with honer  This is highly personal to me. I know that is a mistake but i find it hard not to take it that way. 

[Going through 5,669]

18 minutes ago, anyname12 said:

we applied originally in 2012 after first being married. I understood that it may be suspicious so we let it go. six years later we tried again. Denied again. my mother is in her 70's now. My concerns are that my wife never meets her. I am sure that you can appreciate this. 

The reason I stated my ties and history in the USA is because it is who I am. These are my roots that I wish my wife and youngest boy to know. These roots do go back to the Mayflower that mcdull stated. My Fathers have fought wars and served the United States with honer  This is highly personal to me. I know that is a mistake but i find it hard not to take it that way. 

I understand it's hard not to take a denial personally---regardless of family history, a denial is hard, confusing, and often heartbreaking for anyone.

 

While I can respect what you are saying, and understand why you are perhaps thinking along those lines---you have to realize that USCIS is not denying *you* your right as a USC...you are free to live in or leave the country at any time, with guarantee of re-entry, as is your right as a US citizen. 

 

Unfortunately, being a USC (and even serving in the military) does not extend your same rights to someone else---or a foreigner---just because they are related to you (ie. your spouse).  Along with everyone else applying for B2s, she must meet the same criteria and there is no provision made based on the familial history of someone else.  

 

As an option, is there any chance you and your mother can take a trip to your wife's home country so they can finally meet?

[anyname12 0]

my final thought on this. We will apply again and again because it is important that my wife meet her American family. I hope these denials do not play a part in future decisions by UCIS. All documents necessary were supplied for review. We will present them again. 

 

[payxibka 10,045]

2 minutes ago, anyname12 said:

my final thought on this. We will apply again and again because it is important that my wife meet her American family. I hope these denials do not play a part in future decisions by UCIS. All documents necessary were supplied for review. We will present them again. 

 

USCIS isn't going to care about previous visa denials

[cyclone27 710]

Repeated attempts looks like desperation especially if none of the circumstances have changed in previous applications.