Mom denied a tourist visa, I'm in CR1 process HELP

[Juliet57 304]

Hi all, we started off this week with the bad news that my mom was denied her tourist visa. 

 

I'm in the middle of CR1 visa process, I still don't have my NVC case number so we haven't uploaded any documents and are at least 1 month away from DQ. 

The wait time in Juarez is 1 year after Case Completed, so we still have around 1 year left before I get assigned an interview date. 

 

Does she have a better chance at being approved if she applies again BEFORE or AFTER my CR1 visa interview, my estimate is that my interview would be around November 2020?

 

I know this kind of topic raises a lot of questions, so I'll share more background details: 

 

• My mom had previously had US tourists visas issued around 1990, and renewed again in 2001. With NO overstays. We used to go to the US once or twice a year for shopping. 
• Our visas were stolen in 2007 when our house was broken into, we filed this with the local police and still have copies of the document
• We had to file the new visa application as a 'new visa' instead of 'renewal' because that's how it works when the visa is stolen.
• My mom is 52 and still strong and healthy
• She has her own business, a family restaurant, which may seem modest but she still makes good money out of it and it's enough to live within/above her means
• She takes care of my grandma who is 80 and has dementia. 
• I have two younger siblings who still live at home, they're both in college ages 21 & 26.
• I helped with the application and we told the truth in ALL fields. We put in 'yes' where it asks if the applicant has a relative living in the US. My husband lives there, it would be odd if my mom didn't count her son-in-law as relative, right?
• I would think that my going through the LEGAL way applying for a CR1 would set the record straight that we are NOT planning to become illegal immigrants, we DO NOT support illegal immigration and would NEVER attempt to do it ourselves. 

 

The CO only asked about her work (familiy restaurant) and about my grandma, if grandma had been to the US and had a visa. Yes she had. Mom forgot to say we no longer had grandma's visa because an aunt who had a fallout with us took her documents, so grandma is not expected to ever go to the US again.  I can only think maybe they thought my grandma would move to the US as well as my mom and that they would become public charge?

I can't blame mom for this, it was one question and mom had around 1.5 minutes to convince the officer, they did not ask for ANY documents. 

 

I would think that caring for grandma would be proof enough that mom has ties back in her country. Also I don't see the application ever asking about children, only parents. 

 

Mom had the title of her house, bank statements, business registration documents, a copy of my CR1 NOA2, my husband's birth certificate, a copy of my marriage certificate. 

 

So I'll go back to my original question and ask Does she have a better chance at being approved if she applies again BEFORE or AFTER my CR1 visa interview, my estimate is that my interview would be around November 2020?

 

I've read VJ enough during the past months and I know in order to have higher chances to be approved for a visa the 'circumstances must've changed'. 

But I don't see that happening here? 

 

And I know some people will say 'But you can visit her if she can't visit you'.. Yes I know, but I also wish for my mom to visit me if I ever have children, and I wish for her to know the house and the city I will live in, I want to take her shopping and to take her to so many places I've already visited, who doesn't want their parents to visit their home? It's heartbreaking to think she might never see my house or how and where I live, or cook together in my house.

 

[aaron2020 11,651]

There is no "we" when your mom applies for a visitor visa.  She applies.  You have nothing to do with it.  Therefore, your CR-1 has nothing to do with your mom.  It doesn't matter if she applies before or after your CR-1 interview.  

[Juliet57 304]

2 minutes ago, aaron2020 said:

There is no "we" when your mom applies for a visitor visa.  She applies.  You have nothing to do with it.  Therefore, your CR-1 has nothing to do with your mom.  It doesn't matter if she applies before or after your CR-1 interview.  

That seems somewhat true. But I would guess my applying for a resident visa would make them think she wants to move in with me in the US. 

She has strong ties to her country (work, grandma, other children), but having a daughter in the US is also considered having ties to the US. Or at least that's what I've read all over VJ.

Edited October 28, 2019 by Juliet57

[aaron2020 11,651]

While you may not want to hear it, it's the truth.  Immigrating to the US means separation from the people you leave behind.  Many immigrants have family that can never qualify for a visitor visa.  That is just the sad truth.  Remember that no one is entitled to a visitor visa.  It's a privilege granted to some and not others.  

[USS_Voyager 1,972]

6 minutes ago, Juliet57 said:

But I would guess my applying for a resident visa would make them think she wants to move in with me in the US. 

Yes, correct. There will be more reasons for her to overstay her visitor visa if you become a US permanent resident. 

[USS_Voyager 1,972]

My story is my own mother, who is a dentist, had her own practice, owned her own house, lived with her father and her son (my brother) and had significant shares in a successful company (belonged to my late father). She interviewed for the B1/B2 three times and was turned down all three (two for was for graduations for my undergrad and graduate degree, and one was for a professional conference).

 

The first two times I was on F1 student visa. Those were to attend my graduation for my Bachelor and Masters degree. Needless to say she was mad because “God darn it I paid $200,000 for 6 years of education and they won’t even let me see my son graduate?” . The last time I had permanent residency so fine, maybe they had a point. All the “ties” I mentioned earlier were true all those times. It was not until couple years ago after my brother moved to Canada and my grandfather passed that she decided to retire and I wanted her to move to the US with me because as she gets older, I am not gonna be able to take care of her if she’s in the hospital or something. So I sponsored IR5 for her and now she lives here with me.

Edited October 28, 2019 by USS_Voyager

[Juliet57 304]

1 minute ago, USS_Voyager said:

My story is my own mother, who is a dentist, had her own practice, owned her own house, lived with her father and her son (my brother) and had significant shares in a successful company (belonged to my late father). She interviewed for the B1/B2 three times and was turned down all three (two for was for graduations for my undergrad and graduate degree, and one was for a professional conference). So I sponsored IR5 for her and now she lives here with me.

I read your story on another thread, thanks for replying! I know it must've been hard for you to live through all that. They really give no other option but to apply for their residency if they won't even approve tourist visas. 

We are not planning for my mom to move to the US, she has so many strong ties to Mexico includying a long time partner, my siblings, and her business. 

It's sad and depressing that my mom had had tourist visas before and had shown no overstays whatsoever, suggestions for other scenarios are 'travel to other countries and show a travel history', but mom had all that. 

My first guess was that the CO had a 'number of denials' quote pending. My 2nd was that the grandma thing didn't help. 

[Boiler 44,861]

Anpther post from this morning is where a mother is leaving a 11 year old child behind, you may be surprised, or not, what people will do.

[Juliet57 304]

5 minutes ago, Boiler said:

Anpther post from this morning is where a mother is leaving a 11 year old child behind, you may be surprised, or not, what people will do.

I only skimmed through the popular topics today, so haven't read that topic yet.

 

My family is not so bad off that we would do that, had mom wanted to move to the US she would've done that years ago, she'd had tourist visa for most of her life until it was stolen in 2007, but I get it, the CO doesn't know us.

[Nat&Amy 623]

That is why it bothers me when people show up on Visajourney with stories of "got here on a visitor Visa and decided to stay". When so many misuse a temporary visa, everyone suffers, including those who have always followed the rules. Sadly, to fight this trend, instead of fixing the loopholes that allow temporary visas to be abused so badly, Immigration can simply deny people from countries with a bad track record. Unfortunate. I wish you and your mom luck, hopefully at some point you both will be able to spend time together in the US.

[Unlockable 7,314]

8 minutes ago, Juliet57 said:

I read your story on another thread, thanks for replying! I know it must've been hard for you to live through all that. They really give no other option but to apply for their residency if they won't even approve tourist visas. 

We are not planning for my mom to move to the US, she has so many strong ties to Mexico includying a long time partner, my siblings, and her business. 

It's sad and depressing that my mom had had tourist visas before and had shown no overstays whatsoever, suggestions for other scenarios are 'travel to other countries and show a travel history', but mom had all that. 

My first guess was that the CO had a 'number of denials' quote pending. My 2nd was that the grandma thing didn't help. 

To me, the lines of what is considered strong ties are starting to get blurred. Like @Boilermentioned, there is another on going thread where someone stated they are peitioning their mother because she was denied a visitor visa, and their mother is leaving behind an 11 year old and a 19 year old.

Last week there was a guy who found out a young 20 y/o female family member on an F4 (sibling) visa could not qualify to bring their newborn. So the family is considering bringing the 20 y/o mother over first and leaving the newborn with family until the 20 y/o can petition for it later. I personally think a newborn baby is strong enough tie for me to stay put but yet you have people who do otherwise.

[Tsh 14]

3 minutes ago, Juliet57 said:

I only skimmed through the popular topics today, so haven't read that topic yet.

 

My family is not so bad off that we would do that, had mom wanted to move to the US she would've done that years ago, she'd had tourist visa for most of her life until it was stolen in 2007, but I get it, the CO doesn't know us.

Sorry to hear about your mom's. Do you have other family members in the US? I suggest they make a letter that they will tour your mom there for a vacation, itinerary, and that she will stay there etc. My parents both retired and in their 60's applied for tourist visa 2-3 years ago, no bank statements, no properties, just a letter from my brother and his taxes and cert of employment. Maybe this will help, not sure. Just try again. Good luck. Not sure if you remember me, still waiting for my CR1 NOA2

[Boiler 44,861]

Well the 20 year old was a K2 that was petitioned for as a K1 despite the mother being the K1 so the grandchild could be a K2. Another win for my favourite on line Visa processor.

 

There have however been many other similar cases where babies are left behind and yes years ago I would have thought that was a strong tie, wrong.

[Juliet57 304]

7 minutes ago, Nat&Amy said:

That is why it bothers me when people show up on Visajourney with stories of "got here on a visitor Visa and decided to stay". When so many misuse a temporary visa, everyone suffers, including those who have always followed the rules. Sadly, to fight this trend, instead of fixing the loopholes that allow temporary visas to be abused so badly, Immigration can simply deny people from countries with a bad track record. Unfortunate. I wish you and your mom luck, hopefully at some point you both will be able to spend time together in the US.

Thank you for your reply. Yes it's unfortunate and unfair. My family has never attempted to play the game and have always followed the rules and the law.

 

 

3 minutes ago, Unlockable said:

To me, the lines of what is considered strong ties are starting to get blurred. Like @Boilermentioned, there is another on going thread where someone stated they are peitioning their mother because she was denied a visitor visa, and their mother is leaving behind an 11 year old and a 19 year old.

Last week there was a guy who found out a young 20 y/o female family member on an F4 (sibling) visa could not qualify to bring their newborn. So the family is considering bringing the 20 y/o mother over first and leaving the newborn with family until the 20 y/o can petition for it later. I personally think a newborn baby is strong enough tie for me to stay put but yet you have people who do otherwise.

I understand, I've read many threads in the past months and have heard about so many weird stories, now I have my own bad luck story to share with the VJ world.

[Juliet57 304]

3 minutes ago, Tsh said:

Sorry to hear about your mom's. Do you have other family members in the US? I suggest they make a letter that they will tour your mom there for a vacation, itinerary, and that she will stay there etc. My parents both retired and in their 60's applied for tourist visa 2-3 years ago, no bank statements, no properties, just a letter from my brother and his taxes and cert of employment. Maybe this will help, not sure. Just try again. Good luck. Not sure if you remember me, still waiting for my CR1 NOA2

Thank you  of course I remember you from our fellow March 2019 filers thread. Hang in there, the grass is always greener. I could've waited a few more months to be approved if I could have my mom's visa approved.

Only my husband lives in the US. I guess next time we can try that, but honestly I think we're gonna have to wait a few months, or years.