gogo is mad again!!

[gogo 6]

I am not happy at all..

We applied for a tourist visa for her parents (from China) and were denied yesterday. Her parents told her that it was denied based off of the DS-160. All they did was just take a look at that (even though we had I-134, invite letter, bank/house deed statements, tax return for 2011 from us, pay stubs, and other things) and nothing else. They said I filled out "retired" for both people and should put "unemployed" (because they come from village and should be considered "farm workers"). Also, they said my wife has only been here one year and doesn't make enough. I put my name on the I-134, and let's say I earn enough for her when she applied three years ago. My wife is saying don't fight this because she can apply for citizenship very soon, and hopefully they can come here next year on an immigrant visa.

[Pitaya 2,577]

I can certainly empathize with you and understand your frustration. The current interpretation of US immigration regulations as it relates to many folks that want to visit America is often ludicrous. It also seems to run counter to all of the recent pandering of our President and our Ambassador to China, about encouraging increased issuance of visitor visas to Chinese nationals, see China Daily article.

I am in a somewhat similar predicament, my K-1 fiancee has never been to the US. Yet, she has done other travel outside of the PRC. While we are committed to successful completion of our ongoing K-1 visa process (check our timeline), it would make practical sense for her to be able to see what it is like in America, prior to her arrival. We feel that it would make for a more smooth integration of our lives/households as we progress along our visa journey. Yet, it is virtually impossible for a single, Chinese female (such as my fiancee) to obtain a visitor visa, even with all of the t's and i's properly crossed and dotted. It seems that there a better chance of winning the next Powerball lottery jackpot than "winning" a tourist visa.

I hear you and agree with you!!! :thumbs:

[gogo 6]

Yes, why don't they just charge $1,000 per person (tourist visa)... I'm willing to pay that.. it's a win-win for everyone.. they need to do less work (less denials, hopefully) and they make more money.. I know everyone may not have that kind of money.. I'm just mad that they supposedly denied them on these two reasons.. I'm asking them to forward me the denial letter.. Supposedly with this link (http://www.state.gov/documents/organization/87506.pdf),

When a consular officer knows or has reason to believe a visa

applicant is ineligible and refuses the issuance of a visa, he or she

must inform the alien of the ground(s) of ineligibility (unless

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 41.121 Regs/Statutes Page 3 of 4

disclosure is barred under INA 212(b)(2) or (3)) and whether there

is, in law or regulations, a mechanism (such as a waiver) to

overcome the refusal. The officer shall note the reason for the

refusal on the application. Upon refusing the nonimmigrant visa,

the consular officer shall retain the original of each document upon

which the refusal was based, as well as each document indicating a

possible ground of ineligibility, and should return all other

supporting documents supplied by the applicant.

[MuDelphi 159]

$1000 dollars is chump change. That would open the door for even more illegal immigration.

You do understand that them filing an immigrant visa in the future implies that they will be come permanent residents of the United States, and need to show that intention? A green card isn't for tourism.

[gogo 6]

I'm applying for her parents for TOURIST visa now.. I know the difference between tourist (non-immigrant) and immigrant visa.. I'm saying it's all about the money to USCIS.. I have seen many people on here that were denied one time, two times, or even three times.. and then were approved using the same information provided.. From my history with them regarding my wife, I am no friend of theirs, and especially what happened this time.. I am going to fight this one too.. The cases should go through at least two or three people before being decided, and not just based off of one person's opinions..

Look at what I went through (as many from China) just to get my wife here.. 6 months processing time?? yeah, right.. and that's when I started calling and questioning them too.. so I gave them enough time.. For her parents, they didn't even look at her other stuff.. just looked through her application and denied them.. I would like to know the denial reason so I can fight that..

Edited April 17, 2012 by gogo

[Darnell 8,478]

hey buddy - at least yer not having to SUE anybody right now, so that's a plus.

some links for you:

Criteria used for a tourist visa in China, going to USA:

http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#4

Criteria for relatives and parents:

http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#10

Hard @SS Immigrant Rules:

http://guangzhou.usembassy-china.org.cn/niv-frequently-asked-questions.html#3

So, if'n you read all that, I think you can get some gist of what to do, soonish, when they re-apply for a tourist visa.

Good Luck !

[Ryan H 3,812]

I'm saying it's all about the money to USCIS..

You are taking issue with the wrong agency, USCIS doesn't adjudicate visa applications or issue visas. That task is the exclusive purview of the State Department's Bureau of Consular Affairs.

[foofurrah 4]

Two things: For inviting parents to visit, make sure you provide substantial proof that they will return to China. It sounds like you had good evidence you would and could support them during their trip, but you don't list anything about why they will return to China. Deeds to apartments, a title to a car, substantial savings in a bank--there needs to be a lot of proof that they will come back. I made this mistake before in trying to get my wife a tourist visa, but found when considering a tourist visa app, they care very little about relatives and focus only on the applicant.

Also, not sure what the timeline is now, but wouldn't an immigrant visa for her parents take several years? Correct me if I'm wrong, but that's a lottery category, isn't it?

[Ryan H 3,812]

Also, not sure what the timeline is now, but wouldn't an immigrant visa for her parents take several years? Correct me if I'm wrong, but that's a lottery category, isn't it?

Parents of US Citizen are immediate relatives and are not subject to numerical limits or any kind of lottery. IR-5 is the specific category for parents of a US Citizen.

[gogo 6]

Thanks guys for the info! Yeah, I found out USCIS only does the immigrant visas, while the Dept. of State does the ones for the non-immigrant ones. I knew this time I wasn't fully prepared.. I had told her parents also to bring house deeds and bank statements too. We provided 2011 tax return (we filed in February), pay stubs (about 5 each), I-134 (Affidavit of Support), and some other things too.. I have been doing some research and seeing what others did here in Visajourney.. My wife said that her friend from Shanghai is a lot richer than us and her parents were denied three times for a tourist visa.

Actually, she would be able to get her citizenship soon (she came in August 2009), so we can send in the Citizenship application in May.. from what I heard, you can start applying at 2 years and 9 months.. so we will go that route instead for now.. hopefully she can get her citizenship in 6 months (yeah, right) and apply for her parents (another 6 months).. so personally I'm looking at another 2 to 3 years before they come.. Reason we can't go back now is because she's pregnant and about to deliver =) At least something good came out of this..

[Ryan H 3,812]

I found out USCIS only does the immigrant visas, while the Dept. of State does the ones for the non-immigrant ones.

Incorrect, see a key portion of one of my previous posts below:

USCIS doesn't adjudicate visa applications or issue visas.

Actual adjudication of a visa application and issuance of a visa (both immigrant and non-immigrant) is done by Consular Officers who are employees of the US Foreign Service, an organization under the purview of the State Department.

[Darnell 8,478]

what about re-applying for a tourist visa for one of the parents, ONE of the parents comes over to help with baby ?

then bring the evidence pile referenced in my last post ?

[dan_ling 6]

I agree with Darnell of also sending them evidence of the pregnancy and an invitation letter of visiting to help with the baby.

[Eric & Jin 10]

I made this mistake before in trying to get my wife a tourist visa, but found when considering a tourist visa app, they care very little about relatives and focus only on the applicant.

I disagree with this because when my in-laws received their B-2s, the VO asked more questions about my wife and I during the interview than she did about my in-laws. The VO asked them questions such as who was my employer and what my job title was (in response my MIL gave the VO one of my business cards) and how long my wife had been living in the US. I also believe that they place an emphasis on the number of relatives still in China - the more the better in my opinion (shows strong ties to China). My in-laws were asked how many immediate family members that they have in China and my mother in law came armed with a photo album that included pictures of them with their sons & daughter-in laws, grandsons, brothers and sisters in China that she showed to the VO.

[Darnell 8,478]

I agree with Darnell of also sending them evidence of the pregnancy and an invitation letter of visiting to help with the baby.

That wasn't a piece of the evidence pile that I was referring to, alas.