Tourist visa denied while i-131 pending

[Tjbox 17]

Hello everyone

i would like to hear yours opinion pleasee:))

my tourist visa was recently denied at the embassy interview after my esta was denied (year ago)at CBP For visiting too often. We also have cr2 pending.

 

Since that incident with esta, i have job, studying university and i just wanted visit my wife in the US before the process ends for two weeks.

 

I Know tourist visa is NOT a privilege, but it seemed to me that the denial was personal. The first question he asked was not asked in proper english and i even couldt understand what he he was saying. I swear i had to ask 3 times politely wth is he saying... and he got angry and rolled the eyes like kids do in the kindergarden... The question was- why i want to travel! which for sure he didnt say or anything similar. Im not best in english but i understand well.... It was like some trick. Really  

 

My question is do you think that it was denied reasonably? how else i could prove to the officer otherwise That i wont overstay with i-131 pending? And lastly, How to protect myself from mean officers and react next time? I know we are all just people, but common 

[Roel 7,191]

Honestly with denied ESTA and denied b2 visa there is nothing you can do. You were refused because of the immigrant intent already established.  

 

You will go again, you'll probably get another refusal. 

 

Some people travel during pending immigrant visa without issues but I assume your denied ESTA was already a red flag. You can try to prove ties to your country but in my opinion it's going to get denied anyway. 

 

[Tjbox 17]

I should also mention that i brought w me letter from employer; from school, invitation letter from wife, apartment lease... and he didnt look. 

 

I asked him what would change his mind and he says well few years work history. Seriously? Am i from some xx country? I even did not overstayed  

 

now i am so afraid of our cr2 visa interview and i was already so nervous in this tourist visa interview... :(((

[Jojo92122 1,924]

Your denial was not personal.  Your ESTA was denied for visiting too often.  You have a pending immigration petition.  You have two red flags right there.  The CO probably assessed that you would spend 6 months in the US if granted a B-2; essentially living in the US with your spouse.  That's the most likely explanation IMHO as to why your B-2 was denied.

[Roel 7,191]

5 minutes ago, Tjbox said:

I should also mention that i brought w me letter from employer; from school, invitation letter from wife, apartment lease... and he didnt look. 

 

I asked him what would change his mind and he says well few years work history. Seriously? Am i from some xx country? I even did not overstayed  

 

now i am so afraid of our cr2 visa interview and i was already so nervous in this tourist visa interview... :(((

It's not going to affect your cr1 visa. 

[Tjbox 17]

Thank you for all given honest answers. I appreciate it and it is more clear in my mind now. I felt a bit victimized though  

 

Btw having b2- it is forbidden to live 6m with your spouse? Wasnt my intend (job;university etc..) but i also didnt know its not good 

[Jojo92122 1,924]

2 minutes ago, Tjbox said:

I should also mention that i brought w me letter from employer; from school, invitation letter from wife, apartment lease... and he didnt look. 

 

I asked him what would change his mind and he says well few years work history. Seriously? Am i from some xx country? I even did not overstayed  

 

now i am so afraid of our cr2 visa interview and i was already so nervous in this tourist visa interview... :(((

The CO is not required to look at what you brought with you.  How does he determine during your 5-10 minute interview if those documents are truthful and authentic?  That's why it's the CO's discretion to look at documents that are brought to the interview.

 

What's an xx country?  

 

While you didn't overstay, you were told that you were visiting too often and that's why your ESTA was denied.  You don't need to be from an xx country.  Your travel pattern was problematic because it seems to the US Government that you were essentially using your visiting privileges to live in the US with your wife.

 

A tourist visa application is completely different from a spousal visa application.  The standard for issuing a tourist visa is different from the standard for a spousal visa.

 

[Jojo92122 1,924]

1 minute ago, Tjbox said:

Thank you for all given honest answers. I appreciate it and it is more clear in my mind now. I felt a bit victimized though  

 

Btw having b2- it is forbidden to live 6m with your spouse? Wasnt my intend (job;university etc..) but i also didnt know its not good 

You weren't victimized. 

 

You were denied because you were visiting too often and it looks like you were essentially living in the US with periodic visits to your home country.  

 

Yes, it is forbidden for you to live with your wife with a B2.  Your intent here is probably why the CO denied your B2 application.

[Tjbox 17]

I meant like high fraud countries that have difficulties obtaining visa. Or i thought so. 

 

Guys, really thanks to EVERYONE for commenting and giving me advide. As i said before, now its very clear to me. 

My all questions were answered and im now actually more calm. 

 

thank you👍

 

Edited June 16, 2018 by Tjbox

[Nitas_man 3,100]

14 hours ago, Tjbox said:

Hello everyone

i would like to hear yours opinion pleasee:))

my tourist visa was recently denied at the embassy interview after my esta was denied (year ago)at CBP For visiting too often. We also have cr2 pending.

 

Since that incident with esta, i have job, studying university and i just wanted visit my wife in the US before the process ends for two weeks.

 

I Know tourist visa is NOT a privilege, but it seemed to me that the denial was personal. The first question he asked was not asked in proper english and i even couldt understand what he he was saying. I swear i had to ask 3 times politely wth is he saying... and he got angry and rolled the eyes like kids do in the kindergarden... The question was- why i want to travel! which for sure he didnt say or anything similar. Im not best in english but i understand well.... It was like some trick. Really  

 

My question is do you think that it was denied reasonably? how else i could prove to the officer otherwise That i wont overstay with i-131 pending? And lastly, How to protect myself from mean officers and react next time? I know we are all just people, but common 

It is not uncommon to deny tourist (or even cancel tourist) once immigrant intent is established.  Happened to us.  Unfortunately you will probably just have to wait it out.

[Tjbox 17]

OP visiting is no problem. I see my wife quite often outside of the US. I just wanted to try to visit so i could meet her family and our friends after long time. Tourist visa was not priority , like the cr-1 is. 

 

 

Please, I would like to close this discussions as i received all answers i needed. I appreciate everyones point of view and sharing with me yours opinion.

 

 

Edited June 17, 2018 by Tjbox

[SusieQQQ 11,584]

16 hours ago, Tjbox said:

 

 

Btw having b2- it is forbidden to live 6m with your spouse? Wasnt my intend (job;university etc..) but i also didnt know its not good 

Yes. It’s for visiting. Living with a spouse for 6 months at a time is not allowed.  The only B2 that allows that is a specifically a cohabiting one issued in certain circumstances which are not applicable to you. 

From what you said before it sounds like you were probably leaving for short periods and going back for long ones. This is a classic background for getting ESTA revoked or tourist visa denied, no need to feel victimized, especially if you gave any hint of wanting to “live with” your spouse for lengthy periods on B2. 

Hope the rest of your immigrant visa process goes fast and smooth.

[SusieQQQ 11,584]

5 minutes ago, Tjbox said:

OP visiting is no problem. I see my wife quite often outside of the US. I just wanted to try to visit so i could meet her family and our friends after long time. Tourist visa was not priority , like the cr-1 is. 

 

 

Please, I would like to close this discussions as i received all answers i needed. I appreciate everyones point of view and sharing with me yours opinion.

 

 

Sorry posted before I saw that. Click the “report” button at the top of one of your posts and ask the moderators to close it.

[TBoneTX 43,048]

Noncontributory posts have been removed.  Thread closed at OP's request.