Angry

[JerryTetiana 5]

I have to admit I'm just plain angry right now.  My fiance and I have submitted a K-1 back in July.  We like many of you now wait for months on end for any kind of notification that we can start our lives together.  While waiting we decided we would submit a B-2 in Kiev so she could come for the holidays to visit me in the US.  She just had her appointment.  It didn't last very long at all.  As soon as they found out we had K-1 in progress, they just told her to "wait for the K-1".  Are you serious!  How soulless and heartless.  We follow the process for the K-1 (who knows if it will actually go through - no one even looks at it for months!).  We follow the process for a B-2.  There is NO reason whatsoever to deny her the tourist visa.  And to just tell you to wait.  Frankly, I'm pissed.  That's unacceptable.  With dismissals like this, one can begin to see why there is such an immigration problem.  

[Alabamak1 688]

20 minutes ago, JerryTetiana said:

I have to admit I'm just plain angry right now.  My fiance and I have submitted a K-1 back in July.  We like many of you now wait for months on end for any kind of notification that we can start our lives together.  While waiting we decided we would submit a B-2 in Kiev so she could come for the holidays to visit me in the US.  She just had her appointment.  It didn't last very long at all.  As soon as they found out we had K-1 in progress, they just told her to "wait for the K-1".  Are you serious!  How soulless and heartless.  We follow the process for the K-1 (who knows if it will actually go through - no one even looks at it for months!).  We follow the process for a B-2.  There is NO reason whatsoever to deny her the tourist visa.  And to just tell you to wait.  Frankly, I'm pissed.  That's unacceptable.  With dismissals like this, one can begin to see why there is such an immigration problem.  

just wait it out. Kiev is not a difficult embassy if you got all your paperwork up to date. we got the visa, no problem.

[geowrian 22,337]

Sorry to hear about the denial, but that is quite common.

A tourist visa requires non-immigrant intent by law. A K-1 visa means she plans to immigrate in the "near' future.. See the inherit contradiction ? It's very, very difficult to overcome that.

The way one shows non-immigrant intent is via strong ties to their country of residence. Your fiancee plans to abandon any such ties she has soon (and has a strong tie to the US - you). That leaves very little for the CO to go on to overcome the immigrant intent presumption as required by law.

Edit: The other thing is the risk that she will just bypass the K-1 entirely, marry in the US, and then AOS that way.

 

I hope you hear back on the I-129F soon, and process the K-1 quickly.

The I-129F will be reviewed and the vast majority are approved...it just takes time.

Edited October 29, 2018 by geowrian

[JerryTetiana 5]

Thanks for the replies.  My frustration is presuming you are criminal and have ill intent to circumvent the law.  It's sad that others who break the law ruin it for those that are upstanding individuals.  It's more sad that when you prove you are willing to follow the law and prove you've already supplied every document asked for and paid the money and went through the effort to do everything the correct way - they still presume you to be a criminal. 

[geowrian 22,337]

No criminal activity is being suggested.

No documents are required for a tourist visa, other than a passport and the DS-160.

[Unlockable 7,315]

Sorry to hear about your denial. I agree that this is not surprising. Basically, your fiance was found to have immigrant intent. And yes, it does suck that a few who abused the visa makes it bad for others. It is how the world works. It is why we have to get half undressed and have our bodies X-rayed to get on a flight now.

 

The harsh truth is that by simply following the process for a nonimmigrant visa and having substantial evidence, still does not guarantee success. As you now know, all applicants are presumed to have immigrant intent when they apply. This is simply a law the officer was following.

 

Honestly, you should not be upset. You should not have had such high expectations for this because, as you can see, the results will drive you crazy. You gave it a shot and was not successful. You still have the K1 visa to look forward to. All this anger is bringing negative energy which is causing you to lose focus on the bigger picture. You and your fiance will be together soon regardless.

[Going through 5,671]

Proving ties to the home country for a tourist visa are even harder when there is the presumption that those ties can easily be given up (and would be given up) in the near future with the pending K1.... it wouldn't off-the-bat appear to the CO as compelling reasons to return, then.

 

The good news is that you have the K1 underway and hopefully will be reunited soon, and as an alternative can travel to her country to visit with her during the holidays if feasible.

[Dashinka 24,649]

My now wife tried twice to get a B1 visa when we were dating, and when she was denied both times, I had many of the same frustrations (note, we did not have a K1 in progress at the time of her attempts).  We certainly would not have circumvented the process, and it would have been nice to give her a chance to experience the US before she made the commitment to come over permanently.  Then I put myself in the place of the CO, they get hundreds of B1 applications daily, they review the files and then see the applicant for a few minutes.  It seems unfair that they reject so many applications, but I imagine they err on the side of assuming immigration intent for many folks particularly when a K1 is in progress.  Good luck with the K1, hopefully you will hear something soon.

 

 

 

 

[MacUK 983]

I've been refused 3 times and will probably apply for a 4th refusal next year (cos I'm a glutton for misery!).

 

I don't get angry because I know that the COs are only following the law, I don't agree with the law but I accept that I have failed to overcome it.

 

Different reasons because my reasons for being denied are due to me stupidly doing something wrong whereas your fiance has done nothing wrong but the basic principle is the same. Both of us failed to overcome presumed immigrant intent, me because I abused my tourist status many years ago and your fiance because she has shown that she DOES have immigrant intent. You say there is no reason to deny her visa but legally there is no reason why they would approve it. Legally they were obligated to deny it. It's not fair or just but that's how it is.

You are doing things the right way and logic would say that should work in your favour, but you'd be surprised how many people go down the K-1 route but still decide that they don't feel like waiting for it and use the tourist route to shorten the wait.

 

Stick around here for a while and you'll be truly amazed at the things that people try to get away with (and unfortunately often succeed).

After reading this forum for many years I'm honestly surprised any tourist visa are approved at all going by the huge amount of scams I've seen!

[debbiedoo 2,339]

i dont know why you are so surprised. a tourist visa is difficult, if not in many cases, impossible to get, when in the k1 process.

 

go there for the holidays.

[Crazy Cat 41,985]

4 hours ago, JerryTetiana said:

Thanks for the replies.  My frustration is presuming you are criminal and have ill intent to circumvent the law.  It's sad that others who break the law ruin it for those that are upstanding individuals.  It's more sad that when you prove you are willing to follow the law and prove you've already supplied every document asked for and paid the money and went through the effort to do everything the correct way - they still presume you to be a criminal. 

I am sorry to hear about the denial.  There is always presumption of immigrant intent (which must be overcome) when a person applies for a non-immigrant visa.  Although not true in your case, some people just get tired of waiting out the K-1 or CR-1....so they come to the US "early".....good luck...the toughest part is the waiting....

[Paul & Mallory 1,398]

While I definitely understand your frustration, it isn't a surprising or uncommon thing, so I wouldn't waste too much emotional sanity being irate over it, to be honest. COs are trained to look at applicants on a case basis, not a person basis - they look for red flags or certain boxes to check to make their decision, and aren't getting to know you as a person to decide whether or not to grant a tourist visa. One of the things they have to look for is non-immigrant intent, and having an existing/pending K1 application definitely checks that box. With tourist visas, they want to see substantial ties to an applicant's home country and enough reason for them to return and not overstay, or never leave. Unfortunately, a LARGE amount of people DO circumvent processes every day to get around the process, and this is why COs have to be so critical with their decisions. It's unfortunate for those of us who do follow the rules and process, but the only advice I can give is to know that going about things the right way and NOT cheating the system only works out for you in the long run. Once you and your partner are together, you will never have anything hanging over your heads, or constantly be worrying about "the other shoe dropping", so to speak.

 

Best of luck to you, and prayers that you have much less waiting to do than you already have.

[DaveE 178]

It is frustrating and at times seems to make no sense.  My step daughter is 7 years into an 11 year wait for her immigrant visa.  She has been refused twice for a tourist visa. More frustrating is that she is a flight attendant for Emirates, and is in the states monthly on her crew visa, (wherever the A380 flies).

 

 

[Jeanne Adil 1,651]

5 hours ago, JerryTetiana said:

I have to admit I'm just plain angry right now.  My fiance and I have submitted a K-1 back in July.  We like many of you now wait for months on end for any kind of notification that we can start our lives together.  While waiting we decided we would submit a B-2 in Kiev so she could come for the holidays to visit me in the US.  She just had her appointment.  It didn't last very long at all.  As soon as they found out we had K-1 in progress, they just told her to "wait for the K-1".  Are you serious!  How soulless and heartless.  We follow the process for the K-1 (who knows if it will actually go through - no one even looks at it for months!).  We follow the process for a B-2.  There is NO reason whatsoever to deny her the tourist visa.  And to just tell you to wait.  Frankly, I'm pissed.  That's unacceptable.  With dismissals like this, one can begin to see why there is such an immigration problem.  

A few years ago on this site a VJ member and his wife were living in Morocco

she returned to the US for cancer treatment 

with no chance to make it,  the doctors here wrote letters to embassy stating all she wanted was to see her husband again

he owned a house, an apartment and  business in Morocco

he was denied a visa to see her THE ONE MORE TIME

now that is heartless

your denial is more undeerstandable as they assued she would come and stay and AOS here/ many try to do this

sorry for your wait but u need to understand the reason for the denial

you have the K1 / just enjoy the time together when she gets here

and now,  fly there to spend Christmas with her

[cmfp1993 9]

B1s rarely come through if you´re already undergoing the K1 process as it shows immigrant intent... most couples that visit each other during the k1 processing usually have a previously issued visa or ESTA and even then they're not garanteed admition into the US