Tourism visa denied

[Linha87 0]

Hi! I would like to ask for some advice in this issue. My husband and I have been married for 3 months, I came as a K-1 to the US and my husband is an american citizen. We have invited my mother to come visit us and her interview was today and she got denied. My mom has worked for 25 years for the biggest company in Brazil and own her own house, still the paper they give to her said there was not enough proof of evidence that she would go back to Brazil, even though she took to the interview all the papers from her work with her vacations days etc and a letter that my husband wrote, dated and signed, inviting her to come to visit us. However she wasn't asked for anything and when she tried to reach out the invitation letter to the consul he told her to only handle him papers if he asked her to, she said he was really rude and wouldn't let her say anything other than the asked, she couldn't even say she had the invitation letter with her! Anyway, I would really appreciate if someone could give me some light on what to do, because she is my mother and eventually she is gonna have to come visit us. Does the fact that I've been here and my husband and I have been married for such a short time has anything to deal with this? Should we e-mail the embassy for a review? Anyway, any help would be appreciated.

[Oksana & Max 94]

An invitation letter is not only not helping the case but can jeopadize it. The applicant should proof strong ties back home. Where the relatives like daughter lives in US will make it even harder to get a visa. There is nothing you can do. She can try to reapply but she needs to make sure there is enough ties back home. It is hard to get a visa from the high fraud countries.

[Operator 1,925]

Two questions

Are you an only child?

Is your Mom married?

[bestofboston 36]

I suggest that once you become a citizen, you submit a I-130 for your mother. Perhaps in a dozen years she will be approved to come here. It is sad that so many are denied visas. This is because so many have come here on tourist visas and business visas and never returned to their homeland. It just makes it harder for others seeking to just visit.

[Linha87 0]

An invitation letter is not only not helping the case but can jeopadize it. The applicant should proof strong ties back home. Where the relatives like daughter lives in US will make it even harder to get a visa. There is nothing you can do. She can try to reapply but she needs to make sure there is enough ties back home. It is hard to get a visa from the high fraud countries.

On the letter we explained that the purpose of the visit was only tourism and my husband as a combat veteran gave his word she wouldn't overstay nor engage in any illegal activity. But it doesn't matter anyway because the consul didn't even let her show the letter nor mention it. She brought to the interview a letter from her employer also, which happens to be Brazilian's biggest company and she works for them it's been 25 years, on the letter it said her vacations days and that she is not retiring or anything, she also brought her house title, showing that she owns the house but he didn't ask for anything at all! I really don't know what else could proof ties to Brazil besides the fact that her whole life is there, she owns a house and has an excellent job! =( However I know people that got a tourist visa having no ties to Brazil at all, I'm finding quite hard to figure out their standards on this matter.

[MalaysianGirl 26]

The invitation letter wouldn't help her; she only needs to show strong proofs of strong ties to Brazil. What she has showed is good, but she needs more proof, like:

~Bank account statements

~Passport stamps to show her visits to other countries (the more the better)

~Monthly car payments (if she has them)

I wish you all the best.

[Linha87 0]

Two questions

Are you an only child?

Is your Mom married?

Yeah, I'm the only child. My mom is not married but she has a boyfriend. It's just hard because even though I'm the only daughter and so, she doesn't intend to stay at all, actually she doesn't even speak english and she is really attached to her family (sisters / nieces / nephews), she has an excellent job in Brazil and owns a house, she wouldn't trade her great life to come stay illegal here, and my husband and I we went through all the process to be together according to the laws, we would never jeopardize this doing something illegal!

[Operator 1,925]

From the state department website:

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

Financial ties may not be the issue here. What does your mother have holding her to Brazil?

Immediate family?

There is nothing you can do to get a decision reversed. Your mother has to present more convincing evidence.<br style="margin-left: 0px;">

[Linha87 0]

I suggest that once you become a citizen, you submit a I-130 for your mother. Perhaps in a dozen years she will be approved to come here. It is sad that so many are denied visas. This is because so many have come here on tourist visas and business visas and never returned to their homeland. It just makes it harder for others seeking to just visit.

Hi bestofboston! The fact is she really doesn't intend to immigrate, she only wants to come visit! It is so unfair how the system works, it just pisses me off to see how many people come and overstay, staying illegally and causing this frustration to people like our mothers and loved ones that only intend to do things right.

[Linha87 0]

From the state department website:

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

Financial ties may not be the issue here. What does your mother have holding her to Brazil?

Immediate family?

There is nothing you can do to get a decision reversed. Your mother has to present more convincing evidence.<br style="margin-left: 0px;">

Hi Operator! My mother works for the biggest company in Brazil for 25 years now, she has an excellent and stable job, she owns her own house and she has no intention whatsoever to leave her good life behind to come stay illegally cleaning bathrooms in the US. All he family lives near her and she is really attached to them. She brought her bank statements, employer letter, house title but the consul didn't ask her for any of these, he mostly asked about me such as when did I get married and what type of visa I had when I came.

[Operator 1,925]

Yeah, I'm the only child. My mom is not married but she has a boyfriend. It's just hard because even though I'm the only daughter and so, she doesn't intend to stay at all, actually she doesn't even speak english and she is really attached to her family (sisters / nieces / nephews), she has an excellent job in Brazil and owns a house, she wouldn't trade her great life to come stay illegal here, and my husband and I we went through all the process to be together according to the laws, we would never jeopardize this doing something illegal!

Unfortunately the fact that you and your husband are doing it correctly doesn't mean anything to the VO at the embassy. To me it sounds like a tough nut to crack based on her family situation in Brazil.

You may need to wait for your AP and then you and hubby go visit her. A trip to Brazil sounds like a better deal to me anyhow.

Edit:

We posted at the same time. If she has immediate family near her, is she providing care to any of them or financial support? She really needs to show that there is a strong reason for her to come back. She hasn't done that yet. It sounds liket the finances are not an issue for her. Her close family may be the tie.

Edited December 14, 2011 by Operator

[Linha87 0]

Unfortunately the fact that you and your husband are doing it correctly doesn't mean anything to the VO at the embassy. To me it sounds like a tough nut to crack based on her family situation in Brazil.

You may need to wait for your AP and then you and hubby go visit her. A trip to Brazil sounds like a better deal to me anyhow.

We will definitely visit her, although it is a very frustrating situation the one she has been trough. Thank you for your advice!

[MalaysianGirl 26]

Hi Operator! My mother works for the biggest company in Brazil for 25 years now, she has an excellent and stable job, she owns her own house and she has no intention whatsoever to leave her good life behind to come stay illegally cleaning bathrooms in the US. All he family lives near her and she is really attached to them. She brought her bank statements, employer letter, house title but the consul didn't ask her for any of these, he mostly asked about me such as when did I get married and what type of visa I had when I came.

So she did bring the other stuff... I'm sorry she got denied still

[ndu26 114]

I suggest that once you become a citizen, you submit a I-130 for your mother. Perhaps in a dozen years she will be approved to come here. It is sad that so many are denied visas. This is because so many have come here on tourist visas and business visas and never returned to their homeland. It just makes it harder for others seeking to just visit.

once she becomes a USC and applies, it only takes few months( unless things change by then). My mom went couple of times for B2 visa and was denied. all she wants to do is be ablt to say I have been to U.S.!!!.She has been to London and back. So I told her to wait as I would just file for her. I put in papers for her the very day I took my oath ceremony ( three months ago) and she is going for interview next month.

[ndu26 114]

The invitation letter wouldn't help her; she only needs to show strong proofs of strong ties to Brazil. What she has showed is good, but she needs more proof, like:

~Bank account statements

~Passport stamps to show her visits to other countries (the more the better)

~Monthly car payments (if she has them)

I wish you all the best.

when it comes to non-immigrant visas. The COs are given absolute power to decide on the spot . It does NOT matter what you take with ( speaking from personal and family exoperiences). Once they do not request to see all those docuemnst you mentioned, there is nothing you can do and they really get upset when you try to push documents you feel will make your case lik the Op mentioned her mom tried. for most NIVs it depends on who conducts the interview and if they are willing to allow show something.infact their consulate website states their officers may or may not ask to see your documents beofre they make their decision and THAT IS OK!!!!!!!