Failure to establish sufficient ties to the Philippines

[WeGuyGal 1,052]

but of course

[geowrian 22,341]

3 hours ago, Jim356278 said:

I understand.  You would think, though, that the process would at least allow for extended dialog to at least get a clearer picture rather than making such decisions on an interview less than 2 minutes long. For special request anyway... but, I guess that would open pandora’s box at the embassy.

 

At least take an additional two minutes to hear from the sponsor to vouch for the individual or clear up any language barrier miscommunications.....something of that nature. Just a cold hard and fast disapproved.....with zero recourse. Tough 

The issue is that nobody can vouch for a tourist visa applicant. They are not and cannot be legally held liable for the decision a visitor makes. No enforcement -> no credibility.

The interview does not need to be conducted in English.

 

3 hours ago, Jim356278 said:

If it were me, I would have a separate application process which provides extenuting circumstances for a select group of categories and allow the embassy to decide, based upon information provided in the application,

whether or not to entertain a special request. Sort of like how high courts determine which cases to hear or not.

I think the vast majority of those denied for a tourist visa would try to use such a process. In which case, it defeats the purpose of having it as they would have to look through the details of the case to determine eligibility first.

[Jim356278 1]

7 minutes ago, geowrian said:

The issue is that nobody can vouch for a tourist visa applicant. They are not and cannot be legally held liable for the decision a visitor makes. No enforcement -> no credibility.

The interview does not need to be conducted in English.

 

I think the vast majority of those denied for a tourist visa would try to use such a process. In which case, it defeats the purpose of having it as they would have to look through the details of the case to determine eligibility first.

True and is it too much to ask for details be reviewed prior to? I don’t know.

 

I also understand the comment on “sponsor” though I was referring to the simple definition of the word, that is, I’m funding the trip. 

 

In regards to the comment about folks with no job, not money etc... getting approved all the time, well that about takes this conversation a full 180 - visa was denied. What can we do?  Looks like nothing....

[Boiler 47,699]

I am sure they review the application before the interview.

 

You talked about the sponsor vouching for the applicant.

 

Nobody said all the time, depends on the totality of the situation.

[Chris Duffy 1,257]

13 hours ago, Jim356278 said:

I understand.  You would think, though, that the process would at least allow for extended dialog to at least get a clearer picture rather than making such decisions on an interview less than 2 minutes long. For special request anyway... but, I guess that would open pandora’s box at the embassy.

 

At least take an additional two minutes to hear from the sponsor to vouch for the individual or clear up any language barrier miscommunications.....something of that nature. Just a cold hard and fast disapproved.....with zero recourse. Tough 

They offer a translator at the US embassy in Manila.   Now of days the interviews are done in the open similar to a bank teller in a booth with glass in front of them with a speaker.

 

10 years or so the interviews were conducted in a private room with the CO behind a glass.

 

I assume since they do so many interviews per day they had to get more CO and streamline the process, so they now do the interviews basically in the open.  I listened in on about dozen interview last time I was to the Embassy.

[Jim356278 1]

Yes, that’s how it is. Although I was not allowed in. My GF gave me the details. 

 

Ive been pondering all of the responses. I think the best option would be to apply again, this time have an interpreter and have my GF be a bit more aggressive. Rather than wait for questions, provide the things we feell support her ties to the Philippines. Officer documents, etc... I mean for crying out loud, she lives with me and her two kids. What is she going to do abandon her kids??? And stay where in the US? She has no friends or family there. Ridiculous really - though the process seems to be you are guilty until you prove to the counselor you are innocent....

 

No other options as I see it. ......

[Chris Duffy 1,257]

44 minutes ago, Jim356278 said:

Yes, that’s how it is. Although I was not allowed in. My GF gave me the details. 

 

Ive been pondering all of the responses. I think the best option would be to apply again, this time have an interpreter and have my GF be a bit more aggressive. Rather than wait for questions, provide the things we feell support her ties to the Philippines. Officer documents, etc... I mean for crying out loud, she lives with me and her two kids. What is she going to do abandon her kids??? And stay where in the US? She has no friends or family there. Ridiculous really - though the process seems to be you are guilty until you prove to the counselor you are innocent....

 

No other options as I see it. ......

In my opinion, the CO has already made a decision on the Tourist Visa before the interview.  

[MacUK 983]

39 minutes ago, Jim356278 said:

Yes, that’s how it is. Although I was not allowed in. My GF gave me the details. 

 

Ive been pondering all of the responses. I think the best option would be to apply again, this time have an interpreter and have my GF be a bit more aggressive. Rather than wait for questions, provide the things we feell support her ties to the Philippines. Officer documents, etc... I mean for crying out loud, she lives with me and her two kids. What is she going to do abandon her kids??? And stay where in the US? She has no friends or family there. Ridiculous really - though the process seems to be you are guilty until you prove to the counselor you are innocent....

 

No other options as I see it. ......

You're right. It is guilty until proven innocent.

 

And how do you think being aggressive will help the situation? If someone came up to you and started being pushy and aggressive while asking for something how would you react?

Documents mean nothing, anyone with a printer can forge documents.

 

Leaving her kids behind? Again, you can thank all the people before her who have done exactly that. People who played the long game, left entire families behind, gone to the States, acquired their greencard by whatever means necessary, then brought the family over at a later date.

Even to the extremes of married couples splitting up so that one of them can seduce a USC, get over to the US then divorce the USC and "reunite" with the former partner. 

The embassies have seen it all, and you're right, it's not fair that honest people have to pay for the dishonesty of others but that's how it is.

 

As for where she'd stay in the US and having friends or family there. She'll be with you, a USC.

No matter what the truth of the matter is, or how settled you are in the Philippines, they will always suspect that you're simply going home and don't want the hassle of waiting for the correct visa.

 

It's not a fair system, or even a logical one. But it's the only system there is and it's not likely to change.

[Boiler 47,699]

Let us know how it goes.

[SusieQQQ 11,588]

3 hours ago, Jim356278 said:

. Ridiculous really - though the process seems to be you are guilty until you prove to the counselor you are innocent....

 

 

That’s correct, officers are required to start with a presumption of immigrant intent and need to see evidence that overcomes it in order to grant a visitor visa. Unfortunately the bigger a problem a given country has with sending overstays, the harder this is for following applicants to overcome. (I’ve seen this with my home country, where a couple of decades ago almost no-one was denied a visitor visa, but as more and more overstays have happened in the last ten years or so it has become increasingly harder to be granted a B. )

[Unlockable 7,322]

3 hours ago, Jim356278 said:

 What is she going to do abandon her kids???

You'd be surprised on how often this happens.

 

Not completely abandon, per se, but definitely leave them behind so they can bring them over later.

 

I see it often in the Philippines subforum. New threads pop up of a mother asking how to bring her minor child to the US now that she has immigrated. Sometimes they even immigrated via a spouse or fiance visa and often wonder why the didn't just bring the child along with them.

 

One last thing... if given a visitor visa, your girlfriend would definitely have a path to bypass the current wait of a family based visa. Here is an example: say she gets the visa. Then she flies over with you for the surgery. Say after the surgery you have a difficult recover (which I hoping will not happen) and instead of returning to the Philippines you decide to stay in the US because of the better treatment. If you want your GF to remain with you the normal process would take about a year with her eventually having to return home. But, if she has a visitor visa, you could simply marry her while she is in the US and then Adjust her Status. Later, you would apply for your stepchildren to come over. This is just an example, but you could now see how having a US citizen boyfriend who wants his foreign girlfriend to obtain a visa to accompany him for a surgical procedure is a risk.

[geowrian 22,341]

4 hours ago, Jim356278 said:

Ive been pondering all of the responses. I think the best option would be to apply again, this time have an interpreter and have my GF be a bit more aggressive. Rather than wait for questions, provide the things we feell support her ties to the Philippines. Officer documents, etc... I mean for crying out loud, she lives with me and her two kids. What is she going to do abandon her kids??? And stay where in the US? She has no friends or family there. Ridiculous really - though the process seems to be you are guilty until you prove to the counselor you are innocent....

Another application would just be a $160 donation to the embassy unless her circumstances have changed. If the last refusal was recent, it's also basically asking the CO to overrule their colleague.

How she presented herself and her case likely was not the reason for the denial. She just doesn't have sufficient ties to convince them that she will actually return home and overcome the presumption of immigrant intent (as required by law). I'm sorry, but that's the blunt truth.

Unfortunately, kids are not that strong of a tie there...as others noted, there's been a considerable number of people who came to the US, applied for AOS, then brought the kids over afterwards. She could stay with you in the US (as far as they know).

[Jim356278 1]

5 hours ago, Chris Duffy said:

They offer a translator at the US embassy in Manila.   Now of days the interviews are done in the open similar to a bank teller in a booth with glass in front of them with a speaker.

 

10 years or so the interviews were conducted in a private room with the CO behind a glass.

 

I assume since they do so many interviews per day they had to get more CO and streamline the process, so they now do the interviews basically in the open.  I listened in on about dozen interview last time I was to the Embassy.

Yes I see... it’s very cynical, but I understand. So how do you overcome that and get the visa? That’s the challenge and no one has really provided me with any viable soultion. Perhaps because there isn’t one....

[Jim356278 1]

48 minutes ago, geowrian said:

Another application would just be a $160 donation to the embassy unless her circumstances have changed. If the last refusal was recent, it's also basically asking the CO to overrule their colleague.

How she presented herself and her case likely was not the reason for the denial. She just doesn't have sufficient ties to convince them that she will actually return home and overcome the presumption of immigrant intent (as required by law). I'm sorry, but that's the blunt truth.

Unfortunately, kids are not that strong of a tie there...as others noted, there's been a considerable number of people who came to the US, applied for AOS, then brought the kids over afterwards. She could stay with you in the US (as far as they know).

Geez..... so, nothing to do at all?

[Boiler 47,699]

32 minutes ago, Jim356278 said:

Geez..... so, nothing to do at all?

Obviously money is not an issue or you would not be looking to have treatment in the US, I would look elsewhere, most likely save a bundle.