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Filed: IR-5 Timeline
Posted

Need community advice on this one since I thought we have bulletproof case for ties to the home country.  Basically my wife's sister wants to visit the United States for vacation but was denied twice so I hoping someone can shred some lights and let us know where is the "gap". 

 

My sister-in-law applied for B1 visa back in 2015 and was denied during in the interview when the CO asked her like 2-3 questions.  Nothing specific to her trip, more like generic questions.  It seemed like the CO came to the interview with a verdict and was only there as a courtesy.  She waited like another year and retry--this time applying for B1 visa through a tourist agency, was not involved so not exactly sure what happened.  The result was another deny.  Below are her background.  We really want to understand this.

 

US Relative:  US green card sister

 

Ties to home country: 

   1.  Married with 2 sons (3 and 7), along with little brother, mother and father

   2.  Have a small business and working a side job

   3.  Own 3 houses and a plot of land in Vietnam

   4.  Have visited Thailand, Malaysia, Japan, Hong Kong, and Taiwan

   5.  College graduate with no criminal background or tie to the Communist gov't

 

 

 

Posted

 

- Is she on the owner of the houses and plot? Or is her husband the owner? If she owns that, she should take evidence to the consulate interview.

 

- Do they own the business? Why does she need a side job? Probably she need to take evidence that she is needed at her business. 

 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Was she given the opportunity to show she had sufficient funds?

“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.”

Filed: IR-5 Timeline
Posted
32 minutes ago, Coco8 said:

 

- Is she on the owner of the houses and plot? Or is her husband the owner? If she owns that, she should take evidence to the consulate interview.

 

- Do they own the business? Why does she need a side job? Probably she need to take evidence that she is needed at her business. 

 

 

 

1.  Yes, her name is included in all the documents.

2.  Yes, she is like the CEO of the company.  As for side job, its something she's been doing for a long time and the business is down the street from her house so she just stick with the job.  Her boss is very flexible--this is accounting work so I don't think there is work everyday.

 

She didnt even have the opportunity to present her case or disapprove of any preconceive notions, if there was one.  The only thing that could be a red flag is that her mother has a US B1 visa also--not in the US or has overstayed during the process.  She changed her plan to visit Dubai instead of NYC now, but we're trying to figure this one out and at least get a better grip on it the next time if she wants to apply again.

Filed: Other Country: United Kingdom
Timeline
Posted

Unfortunately there's no such thing as a bulletproof case.

 

One thing I'm curious about, you said the second application was through a tourist agency and she wasn't involved? Surely she went to an interview at the embassy?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

My wife is from VN. Her friend - a single female - was able to travel to U.S. on tourist visa. In her itinerary, she included a stop that was at a business expo relevant to her VN biz. She was on personal holiday, but included places/events that might help her VN business. She filed all the paperwork herself, no agency. Good luck!

Posted

Maybe next time she should fill in the paperwork herself. Sometimes those travel agencies can make mistakes and a simple error can get a visa denied.

 

I also recommend taking paperwork to the interview on the following:

 

On 3/1/2018 at 12:24 PM, Jimbo09 said:

1.  Yes, her name is included in all the documents.

2.  Yes, she is like the CEO of the company.  As for side job, its something she's been doing for a long time and the business is down the street from her house so she just stick with the job.  Her boss is very flexible--this is accounting work so I don't think there is work everyday.

 

I doubt the fact that her mother has a visitor visa played any role here. Maybe she'll have better luck next time. She has a good case.

 

 

 

 

  • 2 weeks later...
Filed: IR-5 Timeline
Posted

Thank you everyone that have responded.  We just got back from a Hawaiian trip and my sister-in-law wants to be able to do the same. 

 

With her 2 denials, any advice on whether she should even bother applying?  If she applies for a B1 in the Fall 2018 then it will be over 1.5 years since the last denial.  Family and work circumstances remain same--the only change being they bought more properties in Vietnam.  Any thoughts?  Thanks in advance!

 

Below are ties to Vietnam:

 

1.  Married w/ 2 toddlers and all members, with exception of my wife, are in country.

2.  Is working and own a business.

3.  Own multiple properties.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well the toddlers do not count, you will see many posts on here from people who leave them behind.

 

Owning properties, well so do I and I live in the US.

 

So the Business, that seems the biggie.

 

“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.”

Posted

Well the SIL can apply; chances are slim with the 2 denials and no significant change in circumstances. COs posted in the applicant's home country are trained to be familiar with living circumstances of the population, and they're able to roughly judge the strength of an applicant's claimed ties to home. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Filed: K-1 Visa Country: Wales
Timeline
Posted

Basically that she will remember to go home, for example you said she has her own business and that she would be silly to leave that rather than stay  illegally in the US.

“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.”

Filed: IR-5 Timeline
Posted

Sure.  We understand all that--trust me when I say her life in Vietnam is a lot better than our life in the US :) .  That's why we were kind of stunned when we heard that she got denied not only once but twice.  The odds sure is against her but we'll wait to see if the travel bug hits her again to throw $160 in this B1/B2 lottery.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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