Reapply for Tourist Visa

[AM 7 92]

Hey guys,

 

I’m really looking forward for anyone to help me with this query. So I’m going to US on a fiancé visa to get married to my love. And obviously my family including parents and my sister and brother in law along with their daughter would be coming to attend my wedding. My parents already have a tourist visa however my sister, her husband and daughter don’t. They applied for tourist visa and nowhere mentioned about my wedding and their plans to visit for it in their form cuz of fear that my visa process would get jeorpadized. Now, as of yday their visa got refused cuz they presented their case as a regular tourist with no mention of my marriage and they were refused under 214(b) which states that they were not able to demonstrate strong ties to their home country. Now obviously we are planning to reapply for the visa but now the question is: should we mention about my marriage and if yes, the only thing is that contradicts everything on the first application. Since all officers have access to previous info they would see their intended date of purpose and all that. If we don’t mention marriage then I’m wondering that their case is weak anyway cuz the question is what urgency is for them to reapply for the tourist visa so soon. I cannot see my wedding without my sister and niece and could use any input in this. Thanks much! 

[EmmNM 180]

6 minutes ago, Amit M said:

Hey guys,

 

I’m really looking forward for anyone to help me with this query. So I’m going to US on a fiancé visa to get married to my love. And obviously my family including parents and my sister and brother in law along with their daughter would be coming to attend my wedding. My parents already have a tourist visa however my sister, her husband and daughter don’t. They applied for tourist visa and nowhere mentioned about my wedding and their plans to visit for it in their form cuz of fear that my visa process would get jeorpadized. Now, as of yday their visa got refused cuz they presented their case as a regular tourist with no mention of my marriage and they were refused under 214(b) which states that they were not able to demonstrate strong ties to their home country. Now obviously we are planning to reapply for the visa but now the question is: should we mention about my marriage and if yes, the only thing is that contradicts everything on the first application. Since all officers have access to previous info they would see their intended date of purpose and all that. If we don’t mention marriage then I’m wondering that their case is weak anyway cuz the question is what urgency is for them to reapply for the tourist visa so soon. I cannot see my wedding without my sister and niece and could use any input in this. Thanks much! 

To be honest mentioning your wedding will not help your case. They have to prove strong ties to their home country. Saying that their brother will be there in the USA does not help the case. It can actually show immigration intent. They will however need to tell them that a relative lives in the USA if asked.

 

I'm sorry about what has happened to you. Is there anyway they can show stronger ties to their home country? This is the only way.

[AM 7 92]

6 minutes ago, EmmNM said:

To be honest mentioning your wedding will not help your case. They have to prove strong ties to their home country. Saying that their brother will be there in the USA does not help the case. It can actually show immigration intent. They will however need to tell them that a relative lives in the USA if asked.

 

I'm sorry about what has happened to you. Is there anyway they can show stronger ties to their home country? This is the only way.

They have very strong ties to home country. My niece goes to school here. They got an official letter from school stating she’d be out for two weeks. My brother in law is the only son in the family to take care of his parents. They have properties and everything but the officer never asked them for any proofs or documents. The thing also happened which I forgot to mention that my sis and Bro in law got their papers prepared by an agent and the agent accidentally submitted my Bro in laws monthly salary as “does not apply” and on top of that they showed that he’s sponsoring my sister and my niece for a trip. I think this turned everything against them. I was thinking to mention my wedding cuz this is the only way to show urgency in reapplying literally In a weeks time. My wedding is in October and we have to get them their visa ASAP. What do you think?

[EmmNM 180]

6 minutes ago, Amit M said:

They have very strong ties to home country. My niece goes to school here. They got an official letter from school stating she’d be out for two weeks. My brother in law is the only son in the family to take care of his parents. They have properties and everything but the officer never asked them for any proofs or documents. The thing also happened which I forgot to mention that my sis and Bro in law got their papers prepared by an agent and the agent accidentally submitted my Bro in laws monthly salary as “does not apply” and on top of that they showed that he’s sponsoring my sister and my niece for a trip. I think this turned everything against them. I was thinking to mention my wedding cuz this is the only way to show urgency in reapplying literally In a weeks time. My wedding is in October and we have to get them their visa ASAP. What do you think?

Oh man. If the CO said they cannot show strong ties and then they tell them: "but my brother is getting married" that just proves more to them that they may have immigration intent. I would just try to apply again and somehow get to officer to look at their proof of strong ties.

 

I will defer to anyone else who may have more information on how to prove their case.

Edited July 19, 2018 by EmmNM

[geowrian 22,338]

Changing the purpose of the visit will not impact a refusal under 214b (immigrant intent). They need a change in circumstances to show that they are compelled to return home, not a reason for coming in the first place.

It's not uncommon for them not to ask for documents...usually what's on the DS-160 is sufficient for them to make a determination, plus the few minutes allocated for an interview don't leave time to verify the authenticity of documents.

There is no sponsorship for a tourist visa...that's a common urban myth, especially from India and also especially among agents.

 

Reapplying after a recent refusal without a change in circumstances is unlikely to have a different result. But you are free to try...only thing to lose is the $160 application fee.

 

Edit: Sorry if the above seems harsh...it's really not meant to be. I do wish them the best of luck. It's just there's not a lot one can do here...it's a very common issue with the K-1 visa that family members are unable to attend due to not being able to get a visa.

Edited July 19, 2018 by geowrian

[Boiler 46,078]

$160 each.

 

And there are Schools in the US.

 

Get married and go for the CR1?

[AM 7 92]

2 minutes ago, Boiler said:

$160 each.

 

And there are Schools in the US.

 

Get married and go for the CR1?

I’m sorry but I don’t understand your last comment. I’m the one getting married and my sister is applying for tourist visa. We ain’t talking about fiancé or CR1 here. 

[EmmNM 180]

3 minutes ago, Boiler said:

$160 each.

 

And there are Schools in the US.

 

Get married and go for the CR1?

Eeek. I know cr1 is cheaper and all, but then he would have to start over. It sounds like his k1 has already been approved. I wouldn't start all over again.

[EmmNM 180]

1 minute ago, Amit M said:

I’m sorry but I don’t understand your last comment. I’m the one getting married and my sister is applying for tourist visa. We ain’t talking about fiancé or CR1 here. 

I think he means get married in your country if you want your family to attend your wedding and then file for a cr1 visa. But then you'd have to start the petition process all over again. And wait another 12-14 months.

[AM 7 92]

31 minutes ago, geowrian said:

Changing the purpose of the visit will not impact a refusal under 214b (immigrant intent). They need a change in circumstances to show that they are compelled to return home, not a reason for coming in the first place.

It's not uncommon for them not to ask for documents...usually what's on the DS-160 is sufficient for them to make a determination, plus the few minutes allocated for an interview don't leave time to verify the authenticity of documents.

There is no sponsorship for a tourist visa...that's a common urban myth, especially from India and also especially among agents.

 

Reapplying after a recent refusal without a change in circumstances is unlikely to have a different result. But you are free to try...only thing to lose is the $160 application fee.

 

Edit: Sorry if the above seems harsh...it's really not meant to be. I do wish them the best of luck. It's just there's not a lot one can do here...it's a very common issue with the K-1 visa that family members are unable to attend due to not being able to get a visa.

No offense taken, you’re totlaly fine but thanks for the response. The circumstance that has changed or always has been that my brother in law is employed and the agent accidentally submitted the form saying he isn’t. So now we are thinking that either just my sister and niece apply for the visa and brother in law stays out of it and we show that she would have to return to her husband. And sponsor would be her father in law and not her husband. Idk I’m very confused even tho a lot of you have good points.

[AM 7 92]

3 minutes ago, EmmNM said:

I think he means get married in your country if you want your family to attend your wedding and then file for a cr1 visa. But then you'd have to start the petition process all over again. And wait another 12-14 months.

Nope. My K-1 is approved and I leave in a matter of time so In that there’s no looking back.

[EmmNM 180]

1 minute ago, Amit M said:

Nope. My K-1 is approved and I leave in a matter of time so In that there’s no looking back.

Good luck to you! If they cannot get the visa do facebook live on your wedding. Also once you get advance parole you can go back to your home country and have another party to celebrate your marriage with the rest of the family. Trust me. Any girl would want to be a bride twice.

[AM 7 92]

54 minutes ago, EmmNM said:

Oh man. If the CO said they cannot show strong ties and then they tell them: "but my brother is getting married" that just proves more to them that they may have immigration intent. I would just try to apply again and somehow get to officer to look at their proof of strong ties.

 

I will defer to anyone else who may have more information on how to prove their case.

I understand your comment but however I’m not even in a position to sponsor anyone let alone my sister thinks about immigrant intent. I’m on a non immigrant visa myself getting married to a citizen. It could be possible that officers think that but whew whew whew

2 minutes ago, EmmNM said:

Good luck to you! If they cannot get the visa do facebook live on your wedding. Also once you get advance parole you can go back to your home country and have another party to celebrate your marriage with the rest of the family. Trust me. Any girl would want to be a bride twice.

Haha true that! And thanks!

[geowrian 22,338]

2 minutes ago, Amit M said:

No offense taken, you’re totlaly fine but thanks for the response. The circumstance that has changed or always has been that my brother in law is employed and the agent accidentally submitted the form saying he isn’t. So now we are thinking that either just my sister and niece apply for the visa and brother in law stays out of it and we show that she would have to return to her husband. And sponsor would be her father in law and not her husband. Idk I’m very confused even tho a lot of you have good points.

The brother in law's employment is the biggest difference IMO. But that only impacts his case, not the others. Each applicant is looked at individually and the visa is approved based on their individual merits (even if they interview as a group).

 

There is no sponsorship for a tourist visa. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

 

1 minute ago, EmmNM said:

Any girl would want to be a bride twice.

Not mine! She's not one for weddings...the one we had was enough. haha

[EmmNM 180]

3 minutes ago, geowrian said:

Not mine! She's not one for weddings...the one we had was enough. haha

Hehehehe.