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Posted

Hi,

my mother s tourist visa application was denied.

 we were not thinking initially about green card, but it seems the only way to give her the option to come visit us..even if that means she will have to spend most of the time here.

anyone has been thru the same situation? Any tips or advice are much appreciated.

thank you 

Posted

Does she want to visit or live in the US? That dictates the appropriate visa.

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
5 minutes ago, geowrian said:

Does she want to visit or live in the US? That dictates the appropriate visa.

They re saying that she doesn't have strong ties with her country..only change from previous visa application is me becoming a us citizen.

I m just worried that they would deny her an immigration visa at the embassy..

Posted (edited)
3 minutes ago, mountainocean said:

It was a renewal. 

 

That's interesting. Did she visit the US often? If so, for how long usually?

Quote


They re saying that she doesn't have strong ties with her country..only change from previous visa application is me becoming a us citizen.

I m just worried that they would deny her an immigration visa at the embassy..

 

Seems that now you are a citizen your mother is more of a risk of using a visitor visa to stay and adjust status. Highly unlikely they would deny her immigration visa if you file for her.

Edited by NuestraUnion

“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: Citizen (apr) Country: Taiwan
Timeline
Posted

Remember that a green card requires the immigrant to establish his/her primary residence in the US.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 hour ago, mountainocean said:

They re saying that she doesn't have strong ties with her country..only change from previous visa application is me becoming a us citizen.

I m just worried that they would deny her an immigration visa at the embassy..

214(b) refusal. Very common, and has no impact on an immigrant visa.

But does she want to visit, or does she want to live in the US? She can't have it both ways.

 

The embassy thinks she may want to live in the US (as they are required to presume by law).

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

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

What is her past travel pattern?

“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.”

Filed: AOS (pnd) Country: Vietnam
Timeline
Posted

She needs to prove she has strong tie to your country, that she will not likely to stay in the US. The evidence can be anything. Is she running a business? Does she have properties? Does she apply by herself or with your dad? How many relatives do you have in the US...

Only you know the answer, and the consulate officers were trained to detect the person's intention within minutes. If your mom can't come up with good evidence and build a strong case that she won't likely to stay in the US, they will deny the visa.

Posted

Likely they felt that now that you are a US citizen she will come on tourist visa and then not leave.  This happens a lot.  And of course consider her age, medical insurance.  What if catastrophic medical emergency costing 100's of thousands of dollars?

Posted

Thank you all for your replies.

 

Because every visa applicant is viewed as a potential immigrant, and because at this point the embassy was not convinced by the ties we showed ( family and professional), I am faced with the prospect that I will never be able to have my mother visit here..which is something very difficult to reconcile with as I live in my new country.

 

And I am worried that they could deny her if I sponsor her.. that is why I would like to hear about other people who faced the same situation...

denied tourist visa and then approved immigrant visa.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
On 11/15/2018 at 5:28 PM, mountainocean said:

I m just worried that they would deny her an immigration visa at the embassy..

What makes you think that?  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

There must be thousands of posts on here where people have been denied a Tourist Visa and subsequently Immigrated.

“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

Just based on the fact that they denied her tourist visa...

1 hour ago, Boiler said:

There must be thousands of posts on here where people have been denied a Tourist Visa and subsequently Immigrated.

thank you...

so even if at same embassy, non immigrant visa denial would not be viewed as negative

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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