Denied Tourist Visa to the US... What now??

[JoannaV 173]

You may have a better chance once you have your Maalaysian spousal visa. Unfortunately that probably means missing Christmas.

[Boiler 43,538]

You may have a better chance once you have your Maalaysian spousal visa. Unfortunately that probably means missing Christmas.

Agreed.

[JP and Tee 13]

sir, getting a tourist visa and adjusting status in the US is considered immigration fraud. I don't fault the consulate for not granting your wife a tourist visa.

And from what I understand, regardless where you are, Americans are required to pay taxes, even if you are not living in the USA.

[Stephen + Elisha 92]

To the people piling on: stop.

Yes, the OP's entitled attitude may have rubbed you the wrong way. But let's separate that from the facts.

From all the OP has stated, he has NO INTENTION of bringing his wife here on a visitor visa to adjust status. They're happy with their life in Malaysia and just want to come visit relatives. The confusion comes in that the OP got some bad information from other websites suggesting that AOS after entry on a tourist visa is a valid shortcut in the immigration process. Based on this bad info, he couldn't fathom why his wife's visa was denied. He's now been set straight on this and seems to understand.

Also, from what the OP has stated, we have no basis to infer or allege that he is violating US tax law. He correctly states that filing US taxes does not equate to US tax liability. Unless he's making north of $90,000 a year, his entire foreign earned income would be exempt from US taxation.

[AmericanExpat 18]

The embassy does not care about the weather in New England or whether or not you turn into "popsicles". There is a legal way for US citizens to get visas for their spouses to the US, and that is not a visitor visa, it is an 130 petition for cr1/ir1 visa. You can argue all you want about what you think is right or wrong and it won't get you anywhere, you are talking to a group of people who took this process seriously, did their research,filed the correct type of petition for visa, paid all the fees, and waited in line. You are banging your head against a wall if you think that arguing your case here is going to convince any of us that you should be the exception to the rule. If I were you I would start reading the guides here at the top of the page, and if you want your spouse to be able to visit next year for the holidays you should start your petition soon. Good luck.

But see, I think you're missing the problem. There is a legal way. It's called a tourist visa. We do not want to live there, nor should we be forced to apply for I-130, a greencard (that can then be taken away if we don't live there!)

When we say we just want to visit, that's it. There is no intent to stay. My life, and hers is outside of the US. Why apply for a greencard when we won't be needing it, and someone else can use that number who wants to be there? We just want to visit once a year. If we apply for the I-130, get the greencard, and then are gone for most of the year every year, it can be taken away. Then we're back to square one all over again.

We're not wanting to break any rules. We just want to be tourists!

[NikLR 13,220]

Have you tried calling the embassy and asking them exactly what information they want for a tourist visa for your wife?

[Xanax 349]

My wife and I were married in Feb 2012. I am a US citizen, she is Malaysian. We live in Malaysia, I am there working, coming and going on a tourist visa there as my spouse visa processes. It's simple there, I just exit and reenter every 90 days with a stamp to my passport.

We just applied for a tourist visa for her, so we can visit my family in the US during Christmas. The embassy denied her! They said she might stay in the US, so we needed to show she had strong ties... to her own country?

I don't understand the problem for the life of me. If she did stay in the US, we'd just apply for the greencard, it would be perfectly legal, she is my wife after all.

We ask what we can show to demonstrate that we have no plans to stay in the US, they said they have no idea...

She does not want a greencard, it would be useless. We have absolutely no plans of living in the US, I'm not excited about going back and starting paying all those ridiculous taxes again. I have a great job in Malaysia, we just started a business together, own property, but the slow-minded embassy staff said non of that was enough to demonstrate "strong ties"...

Any suggestions? I don't know what else to do other than file a lawsuit for discrimination...

That is what USCIS do not want. They proper procedure for your wife if she did want a GC would be to file for a spousal visa.

Ties to home country can include: Land, children, lease, mortgage, job etc

Question, sorry it isn't an answer, but... Aren't you required to file taxes as a USC even if you are not living in the US?

[AmericanExpat 18]

sir, getting a tourist visa and adjusting status in the US is considered immigration fraud. I don't fault the consulate for not granting your wife a tourist visa.

And from what I understand, regardless where you are, Americans are required to pay taxes, even if you are not living in the USA.

You mis-read. We don't want to adjust status. We are both happy living abroad. My business is abroad. My home is abroad.

You understand wrong about the taxes. Americans are only required to pay taxes if they earn above a certain income threshold if they live and work abroad. I just have to file stating my earnings, and ensure they are below the guidelines. I am just taxes on anything above.

[Thatgirl2 21]

If you want a tourist visa, get the required evidence for it. It's that simple really. The consulates never guide the petitioners in details about what needs to be done because they assume if you have gotten to the consulate stage, then you KNOW about ins and outs of your visa and green card category. Buckle down and study the visa guidelines and provide the information and you will get your wife's tourist visa.

[Boiler 43,538]

You said that you are in Malaysia on a visitor visa, where is your home?

[AmericanExpat 18]

That is what USCIS do not want. They proper procedure for your wife if she did want a GC would be to file for a spousal visa.

Ties to home country can include: Land, children, lease, mortgage, job etc

Question, sorry it isn't an answer, but... Aren't you required to file taxes as a USC even if you are not living in the US?

See, I was stating hypothetically, IF she wanted, we would apply properly. The plan is only to visit, then return to our home, job, business here in Malaysia. We don't want to stay there!

And yes, every year I file my US tax return forms, stating my income overseas. As long as it is below a certain amount, it is tax free... since I am not a tax burden to the US.

[AmericanExpat 18]

If you want a tourist visa, get the required evidence for it. It's that simple really. The consulates never guide the petitioners in details about what needs to be done because they assume if you have gotten to the consulate stage, then you KNOW about ins and outs of your visa and green card category. Buckle down and study the visa guidelines and provide the information and you will get your wife's tourist visa.

That's what I'm trying to figure out. Maybe someone's done it before?

We submitted proof of my job, our business, the fact that I've been in Malaysia over a year, proof of my application for Permanent Resident in Malaysia, photos of the house, dogs, cats, car.... I don't know what else they would possibly want to see..

And they wouldn't look at any of the evidence. It was just an automatic "No".??? "But you can re-apply as often as you'd like"

[AmericanExpat 18]

You said that you are in Malaysia on a visitor visa, where is your home?

Yes, every 90 days We leave, to Thailand, or Singapore, and re-enter to renew the 90 day visa. My application for Permanent Resident for Malaysia is submitted and pending. Too bad the US isn't as understanding as Malaysia! More people would have visas, less would be running across the borders...

Have you tried calling the embassy and asking them exactly what information they want for a tourist visa for your wife?

In their words "I don't know".

Asked the supervisor, his answer "I don't know".

Useless people.

[aaron2020 11,651]

Deleted

Edited November 13, 2012 by aaron2020

[Thatgirl2 21]

That's what I'm trying to figure out. Maybe someone's done it before?

We submitted proof of my job, our business, the fact that I've been in Malaysia over a year, proof of my application for Permanent Resident in Malaysia, photos of the house, dogs, cats, car.... I don't know what else they would possibly want to see..

And they wouldn't look at any of the evidence. It was just an automatic "No".??? "But you can re-apply as often as you'd like"

See they don't care about YOU. You need to remove yourself from this whole shinanginas and only only include your PR request, because her being married to you, if anything, only makes things worse. Makes the possibility of her hypothetically staying and removing conditions higher. Next time you need to jam pack your case with ties, HER ties to Malaysia. I can assure you, what happened is not discrimination , it's usual tourist visa business. If you ever think you need reasons from third person unbiased point of view, re read what people have said in this post.