Mother-In-Law Rejected

[deftone 11]

Hi everyone, 

 

My Mother in Law and Sister in Law had their B2 interviews today and we just found out both were rejected. The interviews were at the US Consulate in Kazakhstan. The reason for visiting was to meet our newborn daughter. The process was as follows:

 

First they were directed to a window where a local employee asked for their names etc, I assume to verify the information from the application form? 

 

Then they were directed to a second window where they were interviewed by Consulate Official. He asked the following questions :

 

"Who are you visiting" (My daughter, her husband and my grandchildren)

 

What is your daughters legal status (She is adjusting status as she married a US Citizen)

 

Where did they meet? (Here in Kazakhstan, he worked for an American company in their Kazakhstan office)

 

When did they get married (2016)

 

At this point he informed them that he was rejecting their application under 214b. At no point were they asked to show any of their documents etc. 

 

The question I have are

 

1) why would they have denied them so quickly? I can understand the single 21 year old sister, but the Woman who is travelling to visit her grandchildren?  

 

2) How do we make this right for next time they apply? Forgetting about my sister in law and concentrating on the mother in law, she is married and her husband (my Father in Law) is staying in Kazakhstan to run the family business. She has worked as a school teacher for over 25years and had a letter to confirm her employment. They own property, including the family home and some properties they lease out for income. Her other children are all still in Kazakhstan, although are now adults. 

 

My wife is obviously heartbroken over this, it came as quite a shock. Would it help to contact our Senator etc for advice? Would it be helpful to provide a letter from me (US Citizen) for inclusion in their application next time? 

[SusieQQQ 11,586]

Did your wife go to the US on a K1 or CR1 visa, or did she enter on a B visa and then adjust? I’m asking because it appears that sometimes if the latter case occurs, consulates are less likely to issue B visas to other family members. As you say, the rejection of the sister prima facie makes more sense that that of the mother, but we see many cases of parents who seem to have decent ties at home being rejected anyway.

 

[Roel 7,192]

The letter or senator won't help. Because it's just a torusit visa and people get denied all the time. 

 

I wouldn't apply again any time soon. Imo they suspected your family is coming to the US to be your babysitters. 

[mrmvkjts 459]

I would hold off on applying again now.

They might be a little cautious and thinking you would use your mother in law as a babysitter!

 

 

Edited March 30, 2018 by mrmvkjts

[az2014 381]

I am not sure why its such a shock considering what country they are from.

 

All the information is on the form they filled out no need for any documents to be looked at. 

 

I can only assume the info provided such as employment, salary etc was not sufficient to convince the CO they would return.

[Crazy Cat 41,845]

There is nothing you can do, if she doesn't have strong ties to her country. Senators, Congressmem/women or letters from a US citizen will be of no help.

 

" *Section 214(b) of the United States Immigration and Nationality Act requires that Consular Officers must assume that every visa applicant intends to leave his or her home country and immigrate to the United States. The applicant must convey during the interview that this presumption of immigrant intent is not true. "

[Unlockable 7,314]

@deftone,

 

Your story is very common. It may come as a shock to you but we see these type of denials almost everyday The harsh truth is it is difficult for people from some countries to get visitor visas. Another harsh truth is, no matter how good your intetions, there is nothing you can do to "make it right". Visitor visas are based on the applicants, not the relatives in the US.

 

There is nothing a Senator can do. In fact, it is illegal for anyone, even in high ranking positions to enfluence visa decisions. Because it would open up a flood gates of bribery.

 

We understand your frustration but you have to understand that there is no law, policy, or act that states that a relative of a US citizen or resident must get visitor visas. It doesn't work that way.

 

You are free to apply again but expect the same result. People think applying for the visitor visa is like a slot machine, you just keep going until you get a hit. I am also interested in knowing how your wife came to the US. If it was through a visitor visa abd she overstayed and married a US citizen, you might as well forget about her family getting a visa.

 

Best advice is to plan a trip with the baby to your wife's country.

 

Good luck.

[Boiler 45,486]

Can she take the baby to visit her family?

[apple21 953]

Hi deftone. 

 

May I ask how old your mother in law is?

 

Thanks. 

[deftone 11]

23 hours ago, SusieQQQ said:

Did your wife go to the US on a K1 or CR1 visa, or did she enter on a B visa and then adjust? I’m asking because it appears that sometimes if the latter case occurs, consulates are less likely to issue B visas to other family members. As you say, the rejection of the sister prima facie makes more sense that that of the mother, but we see many cases of parents who seem to have decent ties at home being rejected anyway.

 

 

My wife came on a B visa and then adjusted. 

 

We were not all that surprised that the sister got rejected, she has little to no ties to home other than that she has a full scholarship to her University. 

[deftone 11]

22 hours ago, Roel said:

The letter or senator won't help. Because it's just a torusit visa and people get denied all the time. 

 

I wouldn't apply again any time soon. Imo they suspected your family is coming to the US to be your babysitters. 

 

22 hours ago, mrmvkjts said:

I would hold off on applying again now.

They might be a little cautious and thinking you would use your mother in law as a babysitter!

 

 

 

After talking with my wife, it sounds like her mother may have said that she was coming to "help take care of the baby". I assume this is the red flag that caused the application to be denied, even if she only meant for a few weeks

 

 

 

16 hours ago, az2014 said:

I am not sure why its such a shock considering what country they are from.

 

All the information is on the form they filled out no need for any documents to be looked at. 

 

I can only assume the info provided such as employment, salary etc was not sufficient to convince the CO they would return.

 

I have never heard of Kazakhstan being a high risk country? Even so, for ties to her home she has her husband, her kids, her mother (who she cares for), her job of 25 years, her property and her family business. Im not sure what else could be asked for? She probably has more ties to her home than I do to mine, lol.

 

16 hours ago, missileman said:

There is nothing you can do, if she doesn't have strong ties to her country. Senators, Congressmem/women or letters from a US citizen will be of no help.

 

" *Section 214(b) of the United States Immigration and Nationality Act requires that Consular Officers must assume that every visa applicant intends to leave his or her home country and immigrate to the United States. The applicant must convey during the interview that this presumption of immigrant intent is not true. "

 

I assumed that there was nothing to be gained by going down this path, I was just curious, as above though, Im not sure what else could have been done to show there was no intent to immigrate to the US.

 

16 hours ago, NuestraUnion said:

@deftone,

 

Your story is very common. It may come as a shock to you but we see these type of denials almost everyday The harsh truth is it is difficult for people from some countries to get visitor visas. Another harsh truth is, no matter how good your intetions, there is nothing you can do to "make it right". Visitor visas are based on the applicants, not the relatives in the US.

 

There is nothing a Senator can do. In fact, it is illegal for anyone, even in high ranking positions to enfluence visa decisions. Because it would open up a flood gates of bribery.

 

We understand your frustration but you have to understand that there is no law, policy, or act that states that a relative of a US citizen or resident must get visitor visas. It doesn't work that way.

 

You are free to apply again but expect the same result. People think applying for the visitor visa is like a slot machine, you just keep going until you get a hit. I am also interested in knowing how your wife came to the US. If it was through a visitor visa abd she overstayed and married a US citizen, you might as well forget about her family getting a visa.

 

Best advice is to plan a trip with the baby to your wife's country.

 

Good luck.

 

I was an immigrant many years ago now, so I know the difficulties in dealing with the US Immigration system. Thankfully I am a naturalized citizen now so no more worrying about it (well except for this). I realize that sometimes there really is nothing you can do to convince them that your case is legitimate.

 

 I expect her mother to apply again in a few weeks. The sister will not be applying again, at least in the near term. I will go through her paperwork etc and make sure everything is perfect. Perhaps she will have more success. I am curious about what triggered the consular official to deny her without even looking at her evidence or asking her about her ties to home. Something must have flagged his attention?

 

As for planning a trip with a baby..... it takes 3 flights totalling around 30hrs to get to her parents city, it will be a while before we try that journey with a newborn (and an toddler as we also have a 2 year old)

 

7 hours ago, apple21 said:

Hi deftone. 

 

May I ask how old your mother in law is?

 

Thanks. 

 

She is 56

 

 

Thanks for all of your help and responses. It is greatly appreciated! This site was a great help back when I was dealing with my Green Card and later when I was dealing with my N400.

 

[geowrian 22,337]

8 minutes ago, deftone said:

After talking with my wife, it sounds like her mother may have said that she was coming to "help take care of the baby". I assume this is the red flag that caused the application to be denied, even if she only meant for a few weeks

Or it could also because that's considered work, which is not permitted on a tourist visa...

 

Quote

I have never heard of Kazakhstan being a high risk country? Even so, for ties to her home she has her husband, her kids, her mother (who she cares for), her job of 25 years, her property and her family business. Im not sure what else could be asked for? She probably has more ties to her home than I do to mine, lol.

It is considered high risk for fraud (33% refusal rate). See the refusal rates for last fiscal year here: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf

Family in the country is usually not too strong of a tie...people have abandoned their minor children to stay in the US (presumably bringing them over once they acquire a green card).

 

Quote

 I expect her mother to apply again in a few weeks. The sister will not be applying again, at least in the near term. I will go through her paperwork etc and make sure everything is perfect. Perhaps she will have more success. I am curious about what triggered the consular official to deny her without even looking at her evidence or asking her about her ties to home. Something must have flagged his attention?

Many times everything the CO needed to see to make a decision is on the DS-160 and/or asked in the interview (US-based family that AOS'd from a B-2, a new grandchild to care for, no job(?), etc.). Unfortunately, that's how these things go...they tend to only look at documentation in borderline cases or to confirm information.

Edited March 31, 2018 by geowrian

[Boiler 45,486]

Work is not allowed on a B, she would be throwing her money away if she applies again anytime soon.

 

Perhaps a trip when the baby is older?

[Unlockable 7,314]

Now that we have more to the story I see a couple of red flags to overcome.

 

Daughter adjusted status on B2. When the daughter becomes a citizen, the mother can adjust on a B2 also. That is a risk.

 

Mother may have mentioned babysitting. That is considered working to immigration. You can make the argument that sheis family and not getting paid but it is still considered work to immigration officials.

 

Like said, unless the situation has change expect another denial so recent from the first denial. Also, I'm pretty sure the notes from the first interview are in the system.

 

But let us know how it turns out.