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smilegirl

Green card or tourist visa for a parent who does not want to live in US?

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Filed: Other Country: United Kingdom
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It is such a strange system.

Seen it many times on here where parents, children and boyfriends/girlfriends of US Citizens are denied tourist visas because of the presumption of immigrant intent when they have absolutely no desire to live in the US at all and are then advised by the CO to go down the green card path.

It's all down to the arrogant assumption (in my opinion) that absolutely every person in the world wants to live in the States and of course the huge numbers of people who knowingly have abused their tourist visas.

It's not likely to change any time soon. The only way that tourist visa reform could come about would be harsher penalties for those who abuse the visa and a tightening of the rules.

And that would be just as unpopular on here as the unfairness of the current system is.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Hi there,

I know someone who sponsored her parents green card. It took only a year. I don't know exact details but I can check for you.

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Filed: AOS (apr) Country: Jamaica
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Very. And Yes, we thought about it too, but it is difficult for me&my husband to travel with our toddler. Plus, it's easier (in every meaning of the word) to fly one person across the Ocean than three. I had no idea that having my Mom over for a visit would be such a big problem. Mission impossible. :(

It's a lot easier to have your mom fly to your residence, stay in your home, visit your family. Not only is traveling overseas with a toddler challenging, it can get expensive. I agree it would be much easier and more comfortable for ur mom to visit here on a tourist visa. I think it's wrong that they deny people without giving them a reason for the denial. If you don't decide to go the green card route maybe try one more time for a tourist visa.

Maybe go over everything with your mom. Exactly what she presented and what was said. Build a stronger case. Write a letter stating you would like your mother to be with her grandchild for a holiday. Include that you know she has no desire to immigrate. My fiance's mother was approved for a visitors visa from Jamaica so she can be here for the wedding. Although he is not approved to be here yet, so that is a difference.

I wish you the best! I know u must miss her!!

Edited by LionessDeon
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I only thought about green card because they have denied her B2 visa twice already and I'm tired of dealing with nonsense (they do not even tell her why , just denie her!). She has been having (and still has) strong ties- good job, her own place (owner), bank account, rest of our family. ...she doesn't want to live in States because she has a good life where she lives.

Thank you for your input, though :)

Then she needs to present her evidence - 1st or 2nd window when they start processing, not when she is being interviewed.

ROC 2009
Naturalization 2010

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Filed: K-3 Visa Country: Thailand
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Thank you for understanding. ... I'm heartbroken over this issue... can't figure it out ... :(

There is a way to do this. You can petition her for a visa for her then she can obtain a green card. In time she would lose that card but she could surrender the card while asking for a tourist visa. She will be granted the tourist visa because she has demonstrated her unwillingness to live in the USA. This has been done many times by people right here on V J in the past. Those people reported they were granted 10 year tourist visas.

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Filed: IR-5 Country: Pakistan
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I was on the same boat. my mom had been visiting US and had been issued multiple B1/2 visa twice. But ever since I moved to USA, she has been denied tourist visa thrice without any reason. same happened with my father. both my parents have very good jobs there. they have a lot of property and well established back in their country and do not want to get settled in US but after these refusals we all were quite upset. It meant they would never be able to visit and stay with me in US and this thought was quite frustrating. after discussing this issue with friends and family I decided to petition them for green card. at least they will be able to visit me once after which they can apply for reentry permit for two years. that way they would be able to maintain their green card for 4 years after which they may change their mind for settlement in US and if not they could return their GC. I think after returning GC, tourist visa for them shouldn't be a problem as the interviewing CO would be satisfied that they are not interested to settle in US and they would come back to their country after a short visit. you may try this if suits you. There is no other way.

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Filed: Citizen (pnd) Country: Poland
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Thank you everyone for your suggestions. I truly appreciate every single one of them!

AOS PROCESS

06/11/08: AOS/EAD/I-130 sent to Chicago Lockbox

06/17/08: Package delivered in Chicago

06/18/08: Check cashed

06/21/08: Rec'd NOA's (Receipt notice date: 06/17/08)

07/01/08: Rec'd Biometrics appoinment letter

07/15/08: Biometrics appoinment @ 2:00 PM-Completed

08/27/08: RFE letter (I-485)

09/08/08: sending RFE letter with missing documents back to USCIS

09/11/08: letter delivered

10/27/08 Infopass appointment for my EAD (should receive it in 2-3 weeks... we will see)

10/31/08 EAD card production has been ordered!!! (I-765 finally online)

10/03/08 received EAD card in mail

11/07/08 IL in mail

12/09/08 Interview ; approved!

12/15/08 Card production ordered (online update)

12/24/08 GC in mail!

03/31/2011 10 year GC recieved in mail

11/28/2012 N-400 sent out

12/06/12 text message and e-mail informing that case has been received

12/08/12 check has been cashed

12/08/12 touched/online update - biometrics letter sent

12/10/12 NOA received

12/11/12 Biometrics date letter received (scheduled for 12/20/12)

12/20/12 Biometrics

12/26/12 In line for the Interview

01/07/13 E-mail stating Interview has been scheduled

01/11/13 Received IL (date 02/14/13)

02/14/13 Interview (passed :) )

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