HELP DENIED VISA

[solange_arg 3]

Hello,I hope this is the right place to post.My husband came to the US with a k-1 visa almost a year ago,we ar ejust waiting for his green card to arrive in the mail.

He has a 8 year old son in Argentina,and we thought it would be "easy" for him to get a tourist visa to visit us this month until school starts there in march.

Today,they denied his visa.The mom told us,they said it wasn't enough evidence to show he would not stay in the US.How can we show that is not true,other than the fact that I could have petitioned for him also in the k1 but that was not the intention!He lives with his mom,goes to school in argentina etc.

We want to try again ASAP as he is crying to come see his father..we truly appreciate any help so we can try again,more prepared?

[msbau764 245]

Hello,I hope this is the right place to post.My husband came to the US with a k-1 visa almost a year ago,we ar ejust waiting for his green card to arrive in the mail.

He has a 8 year old son in Argentina,and we thought it would be "easy" for him to get a tourist visa to visit us this month until school starts there in march.

Today,they denied his visa.The mom told us,they said it wasn't enough evidence to show he would not stay in the US.How can we show that is not true,other than the fact that I could have petitioned for him also in the k1 but that was not the intention!He lives with his mom,goes to school in argentina etc.

We want to try again ASAP as he is crying to come see his father..we truly appreciate any help so we can try again,more prepared?

Sometimes, trying ASAP hurts you more than helps. Have you thought about having the boy's mother apply for a tourist visa with her son?

[solange_arg 3]

Sometimes, trying ASAP hurts you more than helps. Have you thought about having the boy's mother apply for a tourist visa with her son?

Yes,you are right.We are just very sad as we expected he could fly next week the rest of his vacation.. We didn't think of that as she would not come,what would benefit?

[jxn 86]

He applied for a tourist visa? Those are for non-immigrant intent and since you are waiting for the green card he clearly has immigrant intent. In fact, I'm not sure I understand all the details.

He entered the U.S. on a K-1, married you, applied for Adjustment of Status, got approved, left the U.S., applied for a non-immigrant visa even though he was technically already a resident (you said he was approved and just waiting for the green card in the mail).

Can you clarify the details? A few questions: does he have AP? When did he leave the U.S.after the AoS interview?

[msbau764 245]

Yes,you are right.We are just very sad as we expected he could fly next week the rest of his vacation.. We didn't think of that as she would not come,what would benefit?

To me it is very obvious why your step son was denied. Of course the consulate thinks once he is in the states the father would prefer to keep him there, leaving the boy's mother in the lurch. If his mom were to travel with him, it is less likely that she would allow her son to stay without him. That is what I would do.

[msbau764 245]

He applied for a tourist visa? Those are for non-immigrant intent and since you are waiting for the green card he clearly has immigrant intent. In fact, I'm not sure I understand all the details.

He entered the U.S. on a K-1, married you, applied for Adjustment of Status, got approved, left the U.S., applied for a non-immigrant visa even though he was technically already a resident (you said he was approved and just waiting for the green card in the mail).

Can you clarify the details? A few questions: does he have AP? When did he leave the U.S.after the AoS interview?

I believe she is referring to her husband's biological son. The son applied for a tourist visa.

Edited January 12, 2015 by msbau764

[solange_arg 3]

I believe she is referring to her husband's biological son. The son applied for a tourist visa.

Correct.

To me it is very obvious why your step son was denied. Of course the consulate thinks once he is in the states the father would prefer to keep him there, leaving the boy's mother in the lurch. If his mom were to travel with him, it is less likely that she would allow her son to stay without him. That is what I would do.

I guess we don't think like that because we would never do that. The mother had a permit for the child to travel until only march.

We are paying for everything,and we do not have the money for her to come along,nor do we get along with her unfortunately to have her come as well.

[msbau764 245]

Correct.

I guess we don't think like that because we would never do that. The mother had a permit for the child to travel until only march.

We are paying for everything,and we do not have the money for her to come along,nor do we get along with her unfortunately to have her come as well.

She doesn't have to come; however, that does not prevent her from applying for a tourist visa with her son in order to improve the chances that he is approved. Once the tourist visa is issued she is under no obligation to use it, nor do you have to pay for her. In fact, this is what should have been done from the beginning.

[sara..... 371]

Because immigration is what it is any visa applied for by the natural mother or father for the child might be looked at as a way to by pass the lengthy immigration process.

I hope that in this case the visitor visa is approved just try not to be disappointed if it fails one parent being in the states is often times a red flag to the oh so great ones in charge of visas of any kind

sara

[msbau764 245]

Because immigration is what it is any visa applied for by the natural mother or father for the child might be looked at as a way to by pass the lengthy immigration process.

I hope that in this case the visitor visa is approved just try not to be disappointed if it fails one parent being in the states is often times a red flag to the oh so great ones in charge of visas of any kind

sara

unfortunately, at times the immigration officers have legitimate reasons for their paranoia given how many people (including several in Visa Journey) advocate adjusting status on tourist visas via the exploitation of a loophole in the system.

[Boiler 45,670]

You posted in the immigrant forum, in have asked that the thread be moved.

Presumably the mother has custody, legal documentation to support that might help.

[TBoneTX 45,536]

*** Thread moved from the Bringing Family Members of PRs to America forum to the Tourist Visas forum. ***

[Simiyus 6]

In my view,I think they are doing this all wrong.First,the boy's age(8yrs old),there is question mark why a tourist visa. And even if a visa were to be issued,who is going to accompine him to the USA, I dont think any airline will allow a child at that age to travel by himself(I maybe wrong).The best thing to do now is for you to visit the boy,meanwhile apply form I-130 as dependent,though may need biological mother's permision to come to the USA permanently.

Best of luck

[UnaMexicana 153]

Like some mentioned before... I would wait for a few months, then have the mother and son apply together for the visa.

[Teddy B 17,252]

Without the Mother both filing and traveling with the boy, he probably won't be allowed in the US until he is 18 and can apply on his own. Having the Mother with him is his proof of returning home. Being under 18, he really has nothing else that shows that and his chances are slim.