Sister-in-law denied Tourist Visa

[Alianza Terps 12]

So my sister-in-law applied for a tourist visa and had her interview yesterday. She is 30-years-old and single. Her evidence and ties to Peru included a letter from her employer (she is an engineer, has been employed by the same company for several years and makes a great salary), one car registered in her name, a recently signed bank loan so that she can buy a new car, letter of invitation from me and my husband, credit card statements, and bank statements. Despite all of this information, the consulate asked her only a few questions:

Where will be you staying? Who will you be visiting? How old are you? What is your job? What is your martial status?

Based on her answers to these questions, she was immediately denied a tourist visa and did not even have a chance to submit her supporting evidence. It was really disappointing since we thought she had a good chance of getting a tourist visa due to her background, education and supporting documents. We were all frustrated with the lack of real consideration for her visa (considering you pay $140 and take time off for the actual interview) plus just the general feeling of disappointment and the idea that the consulate deemed her "unworthy" of a tourist visa when she is a good, hard-working person who would never violate the visa laws.

Anyway, I don't have any questions but I just wanted to share our recent experience at the U.S. embassy in Peru. She will try again next year but who knows if it is even worth it since they seem to make up their minds before the interview if they are just going off age and martial status...

While I don't think immigration reform, especially non-immigrant visa reform, will change anytime soon I believe that there has to be a better way to decide how people qualify for a visa. Good luck to all future applicants of the tourist visa!

Edited September 16, 2011 by Alianza Terps

[Harpa Timsah 13,258]

She should apply again (maybe without the letter of invitation from you). I have seen a lot of people get approved the second time with the same evidence. Good luck.

[katiemanny 64]

Even with strong ties to her home country, tourist visa is not guaranteed, if your sister isn't married, no children and or in her 20's there's a pretty good chance that visa will not be granted. The CO presumed that she will not return upon entry to the US so visa was denied. However she can apply as much as she want but there's still no guarantee that a visa will be issued.

[Alianza Terps 12]

She should apply again (maybe without the letter of invitation from you). I have seen a lot of people get approved the second time with the same evidence. Good luck.

Do you think the letter of invitation and the fact she was visiting her brother, an immediate relative, hurt rather than helped, her chances of getting the visa?

I know nothing about the tourist visa is guaranteed but in the future, if she applies again, we would definitely like to make sure we are helping, not hurting, her chances.

[Harpa Timsah 13,258]

Do you think the letter of invitation and the fact she was visiting her brother, an immediate relative, hurt rather than helped, her chances of getting the visa?

I know nothing about the tourist visa is guaranteed but in the future, if she applies again, we would definitely like to make sure we are helping, not hurting, her chances.

Yes, I do. I think this is a mistake a lot of people make. The steady job should be a big swing in her favor. I would just have her apply again. Like I said, I have heard reports on here of many people getting approved the second time, with the same evidence.

[Alianza Terps 12]

Yes, I do. I think this is a mistake a lot of people make. The steady job should be a big swing in her favor. I would just have her apply again. Like I said, I have heard reports on here of many people getting approved the second time, with the same evidence.

The next time she applies (probably in April or May) will be because we wish to have her and my husband's family come over to participate in our wedding next year (we just had a small civil ceremony in the courthouse when my husband came over on the K1 visa and we are now planning our bigger wedding celebration). When she applies for the visa in this situation, do you think we should still include a letter of invitation and proof of the wedding reception/details/etc.?

My husband's parents will also try to apply for a tourist visa around April/May to attend our wedding next September too.

Again, I know it's completely up to the consulate to decide at the moment of the interview, but opinions on how to strengthen their chances of obtaining the tourist visa is completely appreciated

[Dave&Roza 748]

My wife was denied a tourist visa the first time back in 2008. My friends in Kansas wrote their state representative to "look into the matter". Not sure if that had any bearing, but she applied a couple of weeks later and was approved. She was also approved the next year. Now we are wondering if her mother will qualify for a visa. I really wish we would get rid of the whole tourist visa and have the VWP for most countries.

Dave

Edited September 16, 2011 by Dave&Roza

[Brother Hesekiel 2,235]

A visitor's visa is based on two main components:

1) Strong ties to Peru

2) No ties to the U.S.

So if your sister-in-law shows the consular officer that she has a sister who lives permanently in the U.S., those are ties that don't help, but hurt. It's possible that the C.O. is an understanding individual and says: " I understand, a wedding, how beautiful, have fun!" but it's also possible that he or she says something along the lines: "I'm sorry, I can't approve you."

Since none of us knows which C.O. will get the case, what their mood is, and how they tick, I would play it safe and keep the invitation in the purse until being asked directly for the reason of the visit. Like in court, submit everything that helps your case, but do not volunteer anything that's not being asked for if it could potentially hurt you. Some doors are better kept unopened.

[Harsh_77 716]

My wife was denied a tourist visa the first time back in 2008. My friends in Kansas wrote their state representative to "look into the matter". Not sure if that had any bearing, but she applied a couple of weeks later and was approved. She was also approved the next year. Now we are wondering if her mother will qualify for a visa. I really wish we would get rid of the whole tourist visa and have the VWP for most countries.

Dave

State Rep or Senators don't have any influence on the tourist visa, they only intervene when it is related to immediate spouse or family of a US citizen.