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Posted

I am  US citizen living permanently in the Philippines. Traveling to the US for surgery. My live in partner was denied a tourist visa for failing to prove she would not stay in the us. She will assist me through recovery and in the trip back. 30 days estimated stay. The counselor asked her if we had kids. We do nit and so she said no......but she has two kids whom live with us. She failed to tell the counselor that. She does not work and I’m funding her trip to the us. We both have full intention of coming back. I have children of my own here. Would it make sense to reapply and during the reapplication interview, have my partner make it clear to the counselor that she has children (11 and 13 years old) whom she must return to care for?

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted
18 minutes ago, Jim356278 said:

I am  US citizen living permanently in the Philippines. Traveling to the US for surgery. My live in partner was denied a tourist visa for failing to prove she would not stay in the us. She will assist me through recovery and in the trip back. 30 days estimated stay. The counselor asked her if we had kids. We do nit and so she said no......but she has two kids whom live with us. She failed to tell the counselor that. She does not work and I’m funding her trip to the us. We both have full intention of coming back. I have children of my own here. Would it make sense to reapply and during the reapplication interview, have my partner make it clear to the counselor that she has children (11 and 13 years old) whom she must return to care for?

 

 

The children sound a bit young to be left behind.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

The question posed was “do you two have kids”. She took the question as children between us. She had kids from a previous relationship. Not from me. Hence, she answered no. If she were to reapply and make it clear she does have children, would that be sufficient to warrant favorable reconsideration?

Yes, her children are young. Her mom will fly over to stay with them while I have surgery in the us. 

Filed: K-1 Visa Country: Wales
Timeline
Posted
4 minutes ago, Jim356278 said:

The question posed was “do you two have kids”. She took the question as children between us. She had kids from a previous relationship. Not from me. Hence, she answered no. If she were to reapply and make it clear she does have children, would that be sufficient to warrant favorable reconsideration?

Yes, her children are young. Her mom will fly over to stay with them while I have surgery in the us. 

Most unlikely, sounds like the child care situation is taken care of.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Sad really. Having surgery is no fun to begin with, never mind having it alone. Somethings, I guess, I will just never understand. You try to do right and just get slapped. Even sadder, there

is no recourse or even a venue to properly state your case. Sigh......

Filed: K-1 Visa Country:
Timeline
Posted

I don’t think that change would make a difference. She probably got denied because she doesn’t have a job securing her in her country. You need to show strong ties to your country otherwise they will deny it. She’s probably got a red flag for them because she’s in a relationship with a USC who is going back to the US (regardless if you’re coming back or not) and they’re thinking she wants to immigrate on a tourist visa without going through the immigrate loops. 

Posted

Did she simply answer with "No" and did not try to clarify?

 

Any effort now would seem like she is just changing her answer.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Other Country: United Kingdom
Timeline
Posted

They could also be thinking that "assisting you through your recovery" could be classed as work and not allowed as a tourist.

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

Posted

Yeah, the chances of getting a tourist visa from the Philippines with those circumstances is near zero. No job, relationship to USC, can't fund her own trip, and potentially acting as a caretaker in the US...it's not going to happen. The children aspect was not the piece that broke the camel's back (and trying to fix that answer for any visa later may be a problem IMO).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
9 minutes ago, geowrian said:

Yeah, the chances of getting a tourist visa from the Philippines with those circumstances is near zero. No job, relationship to USC, can't fund her own trip, and potentially acting as a caretaker in the US...it's not going to happen. The children aspect was not the piece that broke the camel's back (and trying to fix that answer for any visa later may be a problem IMO).

So what options are there? Sounds

like none. Pretty crappy really.....

Posted
1 minute ago, Jim356278 said:

So what options are there? Sounds

like none. Pretty crappy really.....

To visit? None practically. She can reapply but the result is not going to change at least until her circumstances change.

 

Yeah, it is. Too many Filipinos have abused tourist visas and made it hard for those who want to just visit.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
7 minutes ago, geowrian said:

To visit? None practically. She can reapply but the result is not going to change at least until her circumstances change.

 

Yeah, it is. Too many Filipinos have abused tourist visas and made it hard for those who want to just visit.

So it seems... I wasnt even allowed in to speak with tne Consular. To better explain. Im certain my partner was shaking to death being so nervous and intimidated.  I was hoping to have had  an opportunity to better communicate the facts. I’m very disappointed and really hurt how this system is set up.  I have no loved ones in the US and now have to deal with major surgery alone.  Something I thought would be easy...  Thanks....

 
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