What should I say for my wife's intended duration of stay for a tourist visa?

[Beth & Achraf 328]

17 hours ago, ohcharles said:

I would like for my wife to apply for a Tourist visa while we wait for our i-130 form gets processed. She is from Pakistan. I would like her to stay as long as possible. She's unemployed but is a recent graduate. She doesn't own any property in Pakistan(where she's from). I have a good job and would provide for her while she's here. I would like her to stay the maximum amount of time. I am worried about the CBP officer and them denying her entry because of the length of time I'd request to stay. We are fine with her leaving when the VISA is up, but I'd like to maximize time staying with her while we wait for the i-130. Should I just do 6 months or is that even a stretch?

The Truth, always the truth!

[teddy k 35]

All I can say is good luck on your adventure because immigration has so many twist and turns especially now with this virus, don't try to move to fast to make a mistake because then it will cost you like trying to go what you think is the easy way only to find out it's not

[ohcharles 3]

18 minutes ago, teddy k said:

All I can say is good luck on your adventure because immigration has so many twist and turns especially now with this virus, don't try to move to fast to make a mistake because then it will cost you like trying to go what you think is the easy way only to find out it's not

Thank you! I will take it day by day. As hard as it is.

[rickbechard@gmail 5]

Sadly, I would recommend you not try. My wife and I have been married for 4 years. She lived with me in Australia for 1.5 years on a spouse visa which she received 3 weeks after the application. We moved back to Thailand on my retirement. She has been denied a US visitor visa 3 times. It is always the same. No reason given, just a piece of paper that says, "You may reapply at any time when your circumstances change". They will not discuss their reason. So you are left guessing what circumstance needs to change. They will of course happily take your $160 application fee each and every time. The embassy websites have this statement, "You may submit supporting evidence at the time of your interview". In my wife's case, she handed them a packet of documents. It was handed back without even looking at the contents. So that statement is false. In fact, in an email to me, the embassy staff stated, "The consular officer has typically decided the outcome before the interview, based on what is in the application form".

[Boiler 45,493]

Most people are refused under 221G, failure to overcome the non immigrant intent requirement.

 

I applied for a B a long time ago and was refused, I would be hard pushed to think of any documents I could show to show my return. Never mind a packet. I can see that in very specific circumstances additional documents could be relevant but not normally.

[rickbechard@gmail 5]

It is I would say, a case of "Guilty until Proven Innocent" with the US. And there is no way to prove you are innocent. If they would just be honest up front and tell people why they have been refused and that they have little chance of success, it wouldn't seem such a fraudulent process. By which I mean, holding out the possibility of something, taking a fee, then denying the thing. All the while knowing you will not be giving the thing to the person. 

[Boiler 45,493]

Not just the US, on 90 Day Fiancee they had a French lady who was booted from Mexico. Happens everywhere but of course we tend to focus on the US.

 

They have no other option than to process the application, $160 is peanuts in the big picture, how much does it cost to vacation in the US?

[rickbechard@gmail 5]

The French...what else can you say. hahaha

 

Yes, $160 isn't much for you and I, but it is a lot for most non-citizens wanting to visit friends or family in the US. Add in the welcoming arms at the Southern border, and it is a bit insulting that a US citizen, well settled in another country, can not take his wife to visit his family in the US.

 

Many on here say it is due to my US citizenship. Perhaps I should have had her apply as the spouse of an Australian citizen, which I also am.

[SusieQQQ 11,586]

1 hour ago, rickbechard@gmail said:

is I would say, a case of "Guilty until Proven Innocent" with the US.

By law, it is. You are presumed to have immigrant intent unless you can show otherwise. Section 214b of the INA. 
 

 

 

Edited May 24, 2021 by SusieQQQ

[rickbechard@gmail 5]

Yes, I have read that. Reminds me of the saying, "Just because you have always done something one way, it doesn't mean you are doing it right". And as mentioned, you really can't prove anything, especially if they don't even look at the documents you hand to them. Because when it gets right down to it, what they ask in the application is pretty basic information about your self. Well, except for the 5 pages of questions on whether you are a terrorist, child pornographer, prostitute, drug dealer, etc. etc.. Or if anyone in your family is any of those. I have a slight doubt that anyone answers yes to those questions.

As for proof of intent to return, I happen to know of a couple who, both having low level bank jobs, a home etc.,  years ago got visitor visas and never returned. Been there for a very long time, working for cash. Because you see, jobs are easy to quit and houses can be sold or just passed on to family to hold until you decide to return. It does tend to make the vetting process a bit of a joke.