Tourist visa Denied for Myanmar wife of US citizen living in China

[OzgAW 0]

My wife and I(USC) have been married for one year, and got married in Hong Kong. My wife is from Myanmar, but currently living with me in China. We both have one year resident permits (these are our second resident permits together in China).

 

In China, if you are the spouse of an expat who is living in China with a work permit/resident permit, you are allowed to follow your spouse and live with them in China. However, you are not allowed to work.

 

My wife and I have no intention of moving to the US at this time, however, we would love to go visit so we can spend time with family and she can decide if it would be best for us to live there in the future.

 

Last week, my wife went to the Guangzhou consulate to apply for her B2 visa. In the DS-160 she indicated the following:

1. She has no strong ties to her home country, no land, car, job, etc.
2. She has lived in three countries; Myanmar, Thailand, China
3. I, her husband, is financially supporting her
4. She does not have a job

 

I've been going back and forth to the Guangzhou consulate getting an emergency passport, and then a new passport, so I've had time to speak with the staff there and explain our situation, prior to us applying for her visa. We identified there are two potential options for us. One, she applies for a tourist visa, two she applies for a Green Card via DCF. Since we have no intention of living in the US, the consular official suggested she try to apply for a tourist visa.

 

During the visa interview, my wife explains the following happened:

Window 1: Gave passport. Asked "what is your itinerary?". Wife responded "I want to travel, and visit my mother-in-law." Wife was told to go to another window for finger printing.

Window 2: Finger printing

Window 3:

Consular Asked: "Can you speak English?"

Wife replied: "Yes."

Consular Asked: "Is your husband Chinese?"

Wife replied,:"No, he is from America."

Consular Asked: "What is your husband doing here?"
Wife replied: "He has a business here."

Consular Asked: "How did you meet?"

Wife replied: "We met in Thailand."

Consular Asked: "How long have you lived in China?"

Wife replied: "More than one year."

Consular Asked: "Can I see your husbands passport? & Do you have a marriage certificate?"

Consulate official took the passports and marriage certificates somewhere. When she came back, she told my wife "sorry your visa is being denied, here is a paper with more information."

 

 

As I replay the scenario in my head (I wasn't there, just from my wife's account), I see multiple times where she could have provided any of the multiple documents we prepared as supporting evidence during this questioning. Such as, her tentative travel itinerary, photo's of her living in China, my Chinese company information, photo's of us dating in Thailand, and even slipped in the letter I wrote explaining why we're opting for a tourist visa and not immigrant visa. - That being said, I don't fault my wife for not doing this, as she explained the questions all seemed rushed the consular official looked impatient.

 

There was nothing in the visa application that was not true. Can anyone suggest ways we can improve this if we opt to try again?

[Unlockable 7,306]

5 minutes ago, OzgAW said:

There was nothing in the visa application that was not true. Can anyone suggest ways we can improve this if we opt to try again?

Her life circumstances would have to change. It is not about how a person applies or interviews for the visitor visa. It is the perception of them not having strong ties. It says so in the letter.

 

If you apply again, how would your wife have overcome the perception of not having string ties to China or Myanmar? Technically, with you being a US citizen and fully supporting her, she can use a visitor visa to follow you here and stay here, which is not the proper way of doing it. Simply telling people "you don't won't to stay in the US" is not enough. The officers want to see substantial evidence to back up those words.

 

She is free to try again but the result may be the same.

[Daphne . 1,670]

50 minutes ago, OzgAW said:

 

 

Last week, my wife went to the Guangzhou consulate to apply for her B2 visa. In the DS-160 she indicated the following:

1. She has no strong ties to her home country, no land, car, job, etc.
2. She has lived in three countries; Myanmar, Thailand, China
3. I, her husband, is financially supporting her
4. She does not have a job

The reason for the denial is in the points that you put in your post above. Unless there is no change in that situation, applying again will very likely give the same result..

[OzgAW 0]

46 minutes ago, Unlockable said:

Her life circumstances would have to change.

 

1 minute ago, Daphne K said:

Unless there is no change in that situation, applying again will very likely give the same result..

 

Thanks, Unlockable & Daphne. If we were to focus on the following changes, what would the chances be of her getting accepted next time:

• Buy land in Myanmar (no house)
• Travel around Europe 
• Get doctors note for future appointment 

 

[Daphne . 1,670]

17 minutes ago, OzgAW said:

 

 

Thanks, Unlockable & Daphne. If we were to focus on the following changes, what would the chances be of her getting accepted next time:

• Buy land in Myanmar (no house)
• Travel around Europe 
• Get doctors note for future appointment 

 

The buying land part might not be the strongest tie, since it does not require somebody to come back for it. The land just kind of ‘sits there’ anyway 😉 

If your wife requires doctor’s (specialist) visits frequently, that could be one of the stronger ties. Just 1 appointment maybe not so much..

 

It will be somewhat of an uphill battle for you guys, maybe not impossible but a challenge at least.. 

 

Try to think of it more in terms of she needs to be able to provide evidence that she has the responsibilities of a ‘life’ to come back to.

Edited July 21, 2019 by Daphne K

[Unlockable 7,306]

51 minutes ago, OzgAW said:

 

 

Thanks, Unlockable & Daphne. If we were to focus on the following changes, what would the chances be of her getting accepted next time:

• Buy land in Myanmar (no house)
• Travel around Europe 
• Get doctors note for future appointment 

 

If she is able to do it then it would certainly be a change in the circumstances she has now. It still won't be a guarantee for a visa. There is never a magic formula to guarantee a visa. We have seen people that owns property and businesses get denied. If she capable of doing all that then she can try but I don't think do it for the sole purpose of the visa is a good idea.

[apple21 953]

Having a USC spouse is the ball and chain you have to overcome. 

[SusieQQQ 11,584]

7 hours ago, OzgAW said:

 

 

Thanks, Unlockable & Daphne. If we were to focus on the following changes, what would the chances be of her getting accepted next time:

• Buy land in Myanmar (no house)
• Travel around Europe 
• Get doctors note for future appointment 

 

Buying land with no house in a country she’s not currently resident in isn’t a tie at all. 

Doctor’s note? Why? If for medical reasons, a B2 medical visa is a whole other thing.

 

unfortunately the way you describe it you are both very temporary residents in China on one year visas. There is no real tie for her anywhere, and it is easy to see why a CO would think your “easiest” option is return to the US and file for her there. I think it will be hard for her to get a tourist visa. 

 

 

[geowrian 22,335]

9 hours ago, OzgAW said:

s I replay the scenario in my head (I wasn't there, just from my wife's account), I see multiple times where she could have provided any of the multiple documents we prepared as supporting evidence during this questioning. Such as, her tentative travel itinerary, photo's of her living in China, my Chinese company information, photo's of us dating in Thailand, and even slipped in the letter I wrote explaining why we're opting for a tourist visa and not immigrant visa. - That being said, I don't fault my wife for not doing this, as she explained the questions all seemed rushed the consular official looked impatient.

I'm not sure what those documents would add, let alone that the CO would actually even look at them if she handed them over. She was denied under 214(b) - insufficient ties to return home. Nothing in those documents addresses that issue, and letters stating intent doesn't carry any weight.

The vast majority of the time, the DS-160 provides all the information the CO needs to determine intent. Sometimes the interview can sway borderline cases if it actually explains something they may have questions about. Rarely do documents play any role whatsoever.

 

She can travel more and apply again in the future. Good luck.

[JE57 239]

DCF ended July 1st.    Since they took your passport copy I'm thinking that they may be questioning your length of stay within China.   As others have said you can try again but the results are likely to be the same in which case you'd need to consider a spousal visa although it's a long expensive process.  

[Naes 12,205]

12 hours ago, OzgAW said:

 

There was nothing in the visa application that was not true. Can anyone suggest ways we can improve this if we opt to try again?

Very similar situation to my friend. Turkish living in Japan for 6 years married to US citizen who is working for US Air Force, denied tourist visa she has residency card and also working in Japan independent of the husband. Husband is living in Japan more than 15 years.

 

Tried again 1 month later with what they said they wanted to see a renewed contract for the husbands job. still denied.

 

To be honest this seems pretty regular these days, I wouldn't try again. I told her not to try again back then either, but she really wanted to come to my wedding.

 

Edited July 21, 2019 by Naes

[Hypnos 6,576]

I don't see your wife obtaining a tourist visa anytime soon. 

[EM_Vandaveer 2,368]

You can do the following. It’s long, expensive and success is not guaranteed. Petition your wife for an immigrant visa. Once she has it, travel to the US. Have a good long visit. Go back to China. Surrender GC at Consulate. Re-apply for tourist visa. This often works because this way they see that you can’t possibly have immigration intent, if you already had a GC but voluntarily gave it up.

[Ryan H 3,790]

~~~Closed for review~~~

 

***Thread back open; several derailing posts removed; either post constructively and answers the OP's questions or do not post.***

 

**Moderator hat off**

 

On 7/21/2019 at 2:50 PM, JE57 said:

DCF ended July 1st.

 

For the record, that's not quite correct.  While some USCIS international offices have closed, some of them are still in operation and no closure dates have been announced.  As long as those field offices remain open and have not A) announced a closure date and B) not given a cutoff date as to when they'll accept I-130 petitions, DCF remains possible.

Edited July 24, 2019 by Ryan H