My family got rejected because of me

[PV10085 0]

I am a permanent resident of the US. When I got married I did it while holding a tourist visa (my wife is a US citizen). It is a legitimate marriage. My family applied for a tourist visa renewal a week ago and they got rejected. The reason was that I didn't get married on a fiance visa. The last time I came to the US, my wife and I didn't know that we would get married. We were in a long distance relationship and we decided it on the spot.

The consular officer said that when I applied for my visa, I did it along with my dad as the sponsor. And now that they go again to renew it (after never staying more than 15 days when they visited) they got rejected. They made it look like as if my dad's record got tainted because of me. Therefore, anyone who applies with him will not get a visa. What I would like to do is to clarify to the embassy that my intentions were not to come and get married before leaving my home country. Does anybody know what I can do in order to explain this to the embassy? Thanks for your help.

[canadian_wife 1,795]

It is not up to you, it is up to the applicant to prove ties to their country. What ties did your family produce to combat what you did?

Not saying you did anything wrong, but your family must now prove that they will not go to the US and adjust status, how can they do that?

Good luck

[PV10085 0]

Well they have applied to the US visa several times and never got rejected. Both of my parents have strong ties to my home country. My brother (24) and my sister (16) applied with them also, and I think that is the issue. But I think it is unfair to put the blame on my side since all I did was getting married. It is not like I overstayed or crossed the border illegaly. I'm looking for the way to explain all this to the embassy. So that when they reapply I am not part of this issue.

[Deputy Purple 1,294]

But I think it is unfair to put the blame on my side since all I did was getting married. It is not like I overstayed or crossed the border illegaly. I'm looking for the way to explain all this to the embassy. So that when they reapply I am not part of this issue.

Stop looking at it from your side of the situation and think like a Consular Officer for a minute.

First, they are required to assume that all Visa applicants have immigrant intent and the applicant bears the burden of overcoming this assumption.

Second, they have a situation where a member of your family (you) married a USC while on a Tourist Visa so that will raise the bar for your whole family.

Why is that? Well the answer is simple and it has nothing to do with if your marriage is real or not rather it's about how others have behaved. Because others have abused the Tourist Visa by using it to come and marry then never return and your family is now aware of the ability to do this they will assume that your siblings are at higher risk to follow your example.

This is one of the "undocumented" risks of marrying and AOSing on a tourist visa.

[Harsh_77 716]

Well they have applied to the US visa several times and never got rejected. Both of my parents have strong ties to my home country. My brother (24) and my sister (16) applied with them also, and I think that is the issue. But I think it is unfair to put the blame on my side since all I did was getting married. It is not like I overstayed or crossed the border illegaly. I'm looking for the way to explain all this to the embassy. So that when they reapply I am not part of this issue.

Yes all you did got married, but not the right way.

You were very well aware tourist visa is not to get married, even after you guys decided to get married you could had got married return to your home country while your spouse filed for CR1 and then entered back again on CR1.

Unfortunately everybody wants system to work as per their own convenience, but it does not work that way.

Its going to be exteremely difficult for your unmarried bro(24) or sis(16) to get another tourist visa.

[Jojo92122 1,924]

I am a permanent resident of the US. When I got married I did it while holding a tourist visa (my wife is a US citizen). It is a legitimate marriage. My family applied for a tourist visa renewal a week ago and they got rejected. The reason was that I didn't get married on a fiance visa. The last time I came to the US, my wife and I didn't know that we would get married. We were in a long distance relationship and we decided it on the spot.

The consular officer said that when I applied for my visa, I did it along with my dad as the sponsor. And now that they go again to renew it (after never staying more than 15 days when they visited) they got rejected. They made it look like as if my dad's record got tainted because of me. Therefore, anyone who applies with him will not get a visa. What I would like to do is to clarify to the embassy that my intentions were not to come and get married before leaving my home country. Does anybody know what I can do in order to explain this to the embassy? Thanks for your help.

There is nothing you can do. Consular Officers have the final say in visitor visas. Their decisions cannot be appealed. The only thing your family can do is to reapply for visitor visas.

[evelyn1140 18]

Sorry to say but it is all truth. They don't know if your family would stay after they are here. Therefore, they have a very good case against your family.

[Brother Hesekiel 2,235]

The consular officer said that when I applied for my visa, I did it along with my dad as the sponsor. And now that they go again to renew it (after never staying more than 15 days when they visited) they got rejected. They made it look like as if my dad's record got tainted because of me. Therefore, anyone who applies with him will not get a visa.

I agree with your assessment. It is kind of a punishment for your family based on your actions. Unfortunately, there is nothing you can do about it.

[Boiler 43,715]

There is no limit as to how many times they can apply for a Visa.