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Tommy Lee Jones

Unique situation for B1 tourist visa request.

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A 31 year old woman that is a Colombian national and living with her American citizen husband in Colombia would like to apply for a tourist visa for the USA. 

The Colombian woman has a child with the American husband and she would like to go to the USA with her American husband and her US citizen child to meet her mother in law and so the mother in law can get a chance to meet her grand daughter before she dies....the mother in law has congestive heart failure and is not doing well. 

 

Her American husband has lived in Colombia with her for about 2 years and neither one is interested in living in the USA so an immigrant visa isn't really an option because it would be cancelled after about six months of them continuing to live in Colombia. 

 

The woman has extended and immediate family that lives in the USA....An aunt that is now a US citizen and an older sister that is married to a US permanent resident. 

 

The woman has a younger sister that has a US tourist visa....the woman applied the same time her younger sister did about 10 years ago years ago but the woman was denied the tourist visa....no reason given. I think her younger sister was 15 at the time and probably wasn't a candidate for not returning to Colombia. Not sure about the reasoning there. 

 

The woman reapplied for a tourist visa another time about a year or two after the first tourist visa denial and was denied again....no reason given.  After that she married a US resident that was also a Colombian national.  She was married about three years.....her US resident husband applied for an immigrant visa but the relationship wasn't working out so neither one of them bothered to make an appointment at the embassy and the visa just died in the process. She wasn't denied the visa as her and her husband never pursued it to fruition. 

 

She has been married to her American husband for about a year and her two year old baby has a US passport. 

 

She filed a joint tax return with her US husband and has an ITIN .....their joint gross income was about 105 thousand dollars. The woman currently owns a home in her name only that is worth approximately 125 thousand US dollars, a free and clear car worth about 20 grand and approximately the equivalent of 15 K in her savings account. 

 

She is currently unemployed and is just a housewife taking care of her child. 

 

The only advice that I gave her to increase her odds of receiving a tourist visa was to enroll in a College for Vocational School to show ties to the community besides just having her mother, father and younger sister living in Colombia. 

 

 

 

 

Edited by Tommy Lee Jones

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1 hour ago, Tommy Lee Jones said:

The woman reapplied for a tourist visa another time about a year or two after the first tourist visa denial and was denied again....no reason given. 

A reason must've been given. They probably gave her the 214(b) slip, which is lack of strong ties to home country/assumed intent to immigrate to the US.

 

Having a US citizen spouse makes it extremely hard to overcome the suspicion of intent to immigrate. My husband was enrolled in a 6 year medical program (of which he was about 3 years into at the time) and I (USC) had been living abroad for about 4 years at the time, I had a proper work visa and everything. He was denied a tourist visa under 214(b) because of me (his only tie to the US at the time) even though we had no intention at that time to move to the US. 

 

So, it is a very difficult situation. It is possible that the sister was approved because she doesn't have any family who are USC's. Each case is looked at individually, but USC immediate family members are a really tough one to overcome. She can apply again but I'm skeptical that the vocational school enrolment will be the game changer that changes their mind.


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17-Oct-2019: Interview scheduled @ local USCIS  

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16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

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04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

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12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

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Not a unique situation at all. We hear about spouses living in other countries wanting to come over and visit constantly.

 

Enrolling in a college//vocational school is not much of a strong tie. She can simply drop out if she decides to move to the US. All she has to do is apply and see. We have seen people have success who've had extensive travels to other countries. 


“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

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What was the question?

to be honest I don’t think enrolling in a (presumably short term) vocational course will make any difference.
Her history of denial and USC husband and child probably count against her getting a visa, but she won’t know until she tries. Unfortunately it is possible, maybe probable, that the husband will need to take the granddaughter on his own to meet the grandmother. I am sorry to hear about the grandmother’s health issues.

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At the time of the denial of the first and second tourist visa the woman and her sister had the same family ties to the USA. Which was one married older sister and an Aunt that had lived there so long she had become a US citizen. 

 

One was approved and one wasn't. I'll take her at her word that no reason was given...since I know other Colombian nationals that are only told denied....with no other information given as to why. 

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8 minutes ago, Unlockable said:

Not a unique situation at all. We hear about spouses living in other countries wanting to come over and visit constantly.

 

Enrolling in a college//vocational school is not much of a strong tie. She can simply drop out if she decides to move to the US. All she has to do is apply and see. We have seen people have success who've had extensive travels to other countries. 

Then what is considered a strong tie? Anyone can quit a job as well. 

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2 minutes ago, Tommy Lee Jones said:

Then what is considered a strong tie? Anyone can quit a job as well. 

Some jobs are easier quittable than others, and therefore are weaker ties than others. Being a cleaner for example is different than being a senior manager in a big company with a good career locally.

Edited by SusieQQQ

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19 minutes ago, millefleur said:

 

 

 

Having a US citizen spouse makes it extremely hard to overcome the suspicion of intent to immigrate. My husband was enrolled in a 6 year medical program (of which he was about 3 years into at the time) and I (USC) had been living abroad for about 4 years at the time, I had a proper work visa and everything. He was denied a tourist visa under 214(b) because of me (his only tie to the US at the time) even though we had no intention at that time to move to the US. 

 

So, it is a very difficult situation. It is possible that the sister was approved because she doesn't have any family who are USC's. Each case is looked at individually, but USC immediate family members are a really tough one to overcome. She can apply again but I'm skeptical that the vocational school enrolment will be the game changer that changes their mind.

I don't know what 214(b) is? 

But thinking about it logically ....why would someone that wanted to and could easily immigrate to the US seek a tourist visa if they planned to immigrate to the USA. The husband could easily apply for an immigrant visa if they wanted to live in the USA but they don't. And if she overstayed her on her tourist visa she might never be allowed to immigrate to the USA if in the future she wanted to. 

 

 

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Just now, Tommy Lee Jones said:

I don't know what 214(b) is? 

But thinking about it logically ....why would someone that wanted to and could easily immigrate to the US seek a tourist visa if they planned to immigrate to the USA. The husband could easily apply for an immigrant visa if they wanted to live in the USA but they don't. And if she overstayed her on her tourist visa she might never be allowed to immigrate to the USA if in the future she wanted to. 

214(b) is the common denial reason for not having strong enough ties to the home country/immigrant intent is suspected.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

Unfortunately this is just the way it is. In this case (USC spouse), they're not worried about the overstay so much as they're worried about the spouse of a USC adjusting status to immigrate and stay in the US (which is feasible even if the person overstays). The US doesn't have any "private" or "family visit" visas for some reason, so spouses of USC's who live abroad often have a very difficult time finding ways to visit the US. 


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Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

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Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

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15 minutes ago, SusieQQQ said:

Some jobs are easier quittable than others, and therefore are weaker ties than others. Being a cleaner for example is different than being a senior manager in a big company with a good career locally.

That is true....but doesn't everyone that wants to immigrate to the USA have to quit their job no matter what it is. 

 

I think what they must be looking at is someone that doesn't want to leave their home country because they have a good life. Even without a job I think it would be obvious to the US embassy interviewer that this woman is very much in a comfortable position in her life in Colombia. 

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16 minutes ago, millefleur said:

 

 

 

Unfortunately this is just the way it is. In this case (USC spouse), they're not worried about the overstay so much as they're worried about the spouse of a USC adjusting status to immigrate and stay in the US (which is feasible even if the person overstays). The US doesn't have any "private" or "family visit" visas for some reason, so spouses of USC's who live abroad often have a very difficult time finding ways to visit the US. 

I think that might be a reasonable reason for the embassy to deny a tourist visa if the husband and wife were living apart and not in the wife's home country. In this case the US citizen husband is a permanent resident of Colombia living with his Colombia wife in Colombia.  

Because if what you say is true then there just isn't any practical way for the spouse of a US citizen to ever visit the the USA under any circumstances. 

 

I could advise the woman to have her husband apply for an immigrant visa and then just come back and live in Colombia and let the visa expire in 6 months. But I don't know what implications that would have on her if she ever wanted to immigrate to the USA in the future....seeing how claiming to want to immigrate to the USA when you don't is lying. 

Edited by Tommy Lee Jones

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4 minutes ago, Tommy Lee Jones said:

Because if what you say is true then there just isn't any practical way for the spouse of a US citizen to ever visit the the USA under any circumstances. 

I didn't say that. I just said that there's a really high chance of denial. She can apply again and see what happens. The idea is just to be realistic about the expectations.

 

Also, Colombia had a denial rate of 41.93% for B visas in fiscal year 2019. Just to get an idea of the overall denial rate in her country.

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY19.pdf


Необычные линейки на рабочий стол 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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42 minutes ago, Tommy Lee Jones said:

I don't know what 214(b) is? 

But thinking about it logically ....why would someone that wanted to and could easily immigrate to the US seek a tourist visa if they planned to immigrate to the USA. The husband could easily apply for an immigrant visa if they wanted to live in the USA but they don't. And if she overstayed her on her tourist visa she might never be allowed to immigrate to the USA if in the future she wanted to. 

 

 

Because you can “jump the queue” to immigrate by “visiting” the US and then applying to adjust status, rather than waiting a year or more for your immigrant visa (which is neither quick nor particularly easy) to be processed and issued. The many who have done this before make it harder for those who genuinely just want to visit. And the law presumes immigrant intent, so the onus is on the applicant to prove otherwise (this is what 214b is). Maybe seems unfair but that’s what the situation is.

 

Also, overstay on a tourist visa has absolutely no negative impact for the spouse of a USC looking to immigrate/adjust as long as there isn’t a ban involved somewhere (in your circumstances highly unlikely)

Edited by SusieQQQ

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39 minutes ago, Tommy Lee Jones said:

That is true....but doesn't everyone that wants to immigrate to the USA have to quit their job no matter what it is. 

 

I think what they must be looking at is someone that doesn't want to leave their home country because they have a good life. Even without a job I think it would be obvious to the US embassy interviewer that this woman is very much in a comfortable position in her life in Colombia. 

You’re generally not going to just quit a senior job to overstay on a tourist visa though.

And yes about the comfortable life, but that’s easier without the ties to the US that she has. Actually - the husband showing ties to Colombia might help in this particular circumstance to prove that they as a family don’t want to move - though there is no guarantee the visa officer will look at anything presented extraneous to the actual form.

Edited by SusieQQQ

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1 hour ago, millefleur said:

 

 

 

Having a US citizen spouse makes it extremely hard to overcome the suspicion of intent to immigrate. My husband was enrolled in a 6 year medical program (of which he was about 3 years into at the time) and I (USC) had been living abroad for about 4 years at the time, I had a proper work visa and everything. He was denied a tourist visa under 214(b) because of me (his only tie to the US at the time) even though we had no intention at that time to move to the US. 

 

 

 

I think the main difference between your past situation with your husband and this woman's situation is..... that you had a work visa and probably weren't planning on spending the rest of you life living aboard....while this woman's husband is a permanent resident in Colombia. And I don't know if your husband owned real property in the country you lived in. As this woman owns quite a bit of  property by Colombian standards. 

Edited by Tommy Lee Jones

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