Tourist Visa after 2 denials?!

[erica_itz 5]

Hello all! 

My family is planning a 7 day trip to Disney World at the end of this year. Everyone in my family has tourist visas, renewed many times, have been to the US visiting many times (including Disney), no problems, nor overstays, all good.

However, my mom is in a relationship with a woman and we'd really like her to join us on this trip. In may 2016 she had a tourist visa denied twice, when my mom came to visit me in Philadelphia and her partner tried to come with her. She got denied once in may 2016, then she tried again 2 weeks later and obviously got denied again (after I told my mom she would be, because in 2 weeks her situation was still the same, of course). Now that we decided to take this trip to Disney we're thinking if it's even worth it for her to try the tourist visa again and if there's anything she could do to improve her chances. Here's a little about her:

- she's in her late 40's

- divorced

- has 2 kids (17 and 22 yo)

- works at an aesthetic clinic as a masseuse and makes decent money

- owns an apartment

- owns a car 

- never traveled abroad, had never applied for an international visa before last year 

 

This was her situation last year and it's still her situation today. Nothing really changed (I know that's a bad thing). I have no idea why they denied her in the first place, they never even asked to look at any of the documents she brought (showing her money situation, showing she owns an apartment etc). They barely even asked her any questions at the interview! I think they already knew they were going to deny her even before the interview started. Both her kids and her ex-husband went to Disney last year and had no problem getting their visas! So I really can't find a reason for her to be denied. And they don't really state a reason why, which makes it hard for us to know if she would have any chance applying again this year. Brazil is a low fraud country and most people get tourist visas without any problems. Out of all the people I've known in my life here she was the first one who got denied.

 

So I guess my question is: anything she could do to be successful? When they ask the purpose of her trip, would it make a diference if she said she wants to travel with her female partner (my mom)? Because we thought if she made a point to that, they wouldn't think she's trying to go to the US to find a man to marry. Anyway, we're just trying to think of anything that could help cuz we just really wanted her to join us!

 

Thanks for your time, any input would be appreciated! =) 

[geowrian 22,336]

11 minutes ago, erica_itz said:

This was her situation last year and it's still her situation today. Nothing really changed (I know that's a bad thing). I have no idea why they denied her in the first place, they never even asked to look at any of the documents she brought (showing her money situation, showing she owns an apartment etc). They barely even asked her any questions at the interview! I think they already knew they were going to deny her even before the interview started.

Unfortunately, it is what it is. Since her circumstances have not changed, I would not expect the result to change. She is free to try, though...only thing to lose is the $160 application fee.

It's not uncommon for the CO to have an idea in mind to refuse the visa before the interview for a tourist visa. The overwhelming majority of information used to make a decision is on the DS-160 already.

 

14 minutes ago, erica_itz said:

So I guess my question is: anything she could do to be successful? When they ask the purpose of her trip, would it make a diference if she said she wants to travel with her female partner (my mom)?

It likely won't make a difference. She wants to visit the US with her family, which isn't uncommon. They are more concerned as to why she would leave, not why she wants to come.

 

Unless I'm misunderstanding your situation, she has at least one 21+ year old USC child. If so, I don't think they're concerned about her finding a USC husband as that child could petition for her already.

 

While not a cheap, fast, or too easy of a process, there is the possibility of getting an IR-5 visa....coming to the US to activate it, then abandoning the green card (since she isn't living in the US). That usually goes a long way to show that she doesn't have immigrant intent. But it's certainly not guaranteed, will take over a year, and is not cheap (~$1200?).

[Italian_in_NYC 259]

14 minutes ago, geowrian said:

Unfortunately, it is what it is. Since her circumstances have not changed, I would not expect the result to change. She is free to try, though...only thing to lose is the $160 application fee.

It's not uncommon for the CO to have an idea in mind to refuse the visa before the interview for a tourist visa. The overwhelming majority of information used to make a decision is on the DS-160 already.

 

It likely won't make a difference. She wants to visit the US with her family, which isn't uncommon. They are more concerned as to why she would leave, not why she wants to come.

 

Unless I'm misunderstanding your situation, she has at least one 21+ year old USC child. If so, I don't think they're concerned about her finding a USC husband as that child could petition for her already.

 

While not a cheap, fast, or too easy of a process, there is the possibility of getting an IR-5 visa....coming to the US to activate it, then abandoning the green card (since she isn't living in the US). That usually goes a long way to show that she doesn't have immigrant intent. But it's certainly not guaranteed, will take over a year, and is not cheap (~$1200?).

I think her mom's partner has no USC children. The OP's mom does but she has a tourist visa already.

I guess the red flag is that she's divorced and with a child who is a minor?

Is there a silent rule that red flags single women?

 

OP: could it be that she has any sort of criminal record (maybe she's keeping it private - understandably)?

[geowrian 22,336]

1 minute ago, Italian_in_NYC said:

I think her mom's partner has no USC children. The OP's mom does but she has a tourist visa already.

I guess the red flag is that she's divorced and with a child who is a minor?

Is there a silent rule that red flags single women?

 

OP: could it be that she has any sort of criminal record (maybe she's keeping it private - understandably)?

Eek..I read it wrong. I thought the mother was the one without the visa, but that seems wrong after re-reading it.

Yeah, being single is a bit of a negative (although usually much more so with younger people).

[erica_itz 5]

18 minutes ago, geowrian said:

Unfortunately, it is what it is. Since her circumstances have not changed, I would not expect the result to change. She is free to try, though...only thing to lose is the $160 application fee.

It's not uncommon for the CO to have an idea in mind to refuse the visa before the interview for a tourist visa. The overwhelming majority of information used to make a decision is on the DS-160 already.

 

It likely won't make a difference. She wants to visit the US with her family, which isn't uncommon. They are more concerned as to why she would leave, not why she wants to come.

 

Unless I'm misunderstanding your situation, she has at least one 21+ year old USC child. If so, I don't think they're concerned about her finding a USC husband as that child could petition for her already.

 

While not a cheap, fast, or too easy of a process, there is the possibility of getting an IR-5 visa....coming to the US to activate it, then abandoning the green card (since she isn't living in the US). That usually goes a long way to show that she doesn't have immigrant intent. But it's certainly not guaranteed, will take over a year, and is not cheap (~$1200?).

no, both her kids are Brazilians and live in Brazil. They just went to Disney last year with a tourist visa. She has no relatives in the US nor know anyone who lives there (I no longer live in the US).

 

thanks for your input anyway! I guess all she can do is try 

[TNJ17 1,329]

If her situation has not changed, it’s highly unlikely that she will get the visa. 

[erica_itz 5]

10 minutes ago, Italian_in_NYC said:

I think her mom's partner has no USC children. The OP's mom does but she has a tourist visa already.

I guess the red flag is that she's divorced and with a child who is a minor?

Is there a silent rule that red flags single women?

 

OP: could it be that she has any sort of criminal record (maybe she's keeping it private - understandably)?

no, definitely no criminal record. I don't think being a single woman is a red flag in Brazil... I know plenty of single women here a lot younger than her that got tourists visas no problem (including me, my sister, cousins, friends...). Brazilians are actually known for spending tons of money in Florida specifically, most of the times it's super easy to get a tourist visa. 

it's a shame this is happening, cuz she has zero intention of staying. this really is just a 7 day family trip to disney world!

9 minutes ago, TNJ17 said:

If her situation has not changed, it’s highly unlikely that she will get the visa. 

unfortunately I agree with you

[SusieQQQ 11,584]

Just a question, maybe off track, but where I come from, a “masseuse” could be a euphemism for something else. Could the CO’s perception of what she actually does be a problem?

[Going through 5,668]

4 hours ago, erica_itz said:

They barely even asked her any questions at the interview! I think they already knew they were going to deny her even before the interview started. Both her kids and her ex-husband went to Disney last year and had no problem getting their visas! So I really can't find a reason for her to be denied. 

Is there any way you can find out the questions that *were* asked during her interview, and how she replied to them?

Might give you an idea of the reason behind the denial based on what was said, and an idea of what changes need to happen for a future approval.

Edited January 3, 2018 by Going through

[caliliving 606]

she should def say she is traveling with her female partner, i think the fact she has a brazil woman with a tourist visa would help. front load the petition.

by the time she gets to the interview the mind is made up!

 

honestly, she could have just had a IO who had to hit his quota the first day! applying 2 weeks later will OBVIOUSLY result in a denial!

 

i think she has a good chance just see what questions she said and what red flags she may have had. 

[SusieQQQ 11,584]

11 minutes ago, caliliving said:

 

honestly, she could have just had a IO who had to hit his quota the first day! 

 

What???

[geowrian 22,336]

38 minutes ago, caliliving said:

she should def say she is traveling with her female partner, i think the fact she has a brazil woman with a tourist visa would help. front load the petition.

by the time she gets to the interview the mind is made up!

 

honestly, she could have just had a IO who had to hit his quota the first day! applying 2 weeks later will OBVIOUSLY result in a denial!

There's no petition nor option to front load a tourist visa application. The DS-160 only has basic fields about the applicant, their employment, relatives in the US, and  Yes/No type questions. Sometimes there's an option for a (very short) explanation with certain negative responses, although nothing jumps out to me as an appropriate response of where to list this item.

 

There is no IO involved. Just a CO. And no daily/weekly/monthly/quotas exist.

[Boiler 43,568]

Front loading applies to immigrant visa's with certain Consulates, would not think Brazil was one of them.

 

I would imagine the issue here is the usual one.

[Dashinka 23,289]

16 hours ago, geowrian said:

Eek..I read it wrong. I thought the mother was the one without the visa, but that seems wrong after re-reading it.

Yeah, being single is a bit of a negative (although usually much more so with younger people).

Not totally a correct assumption.  I know middle aged single women particularly from Eastern Europe tend to be denied almost out of hand.

 

To the OP, your mom's friend can try, but as you admit not a lot has changed, so the outcome will most likely be the same.

[Boiler 43,568]

There is a Disney in Paris btw.