Tourist Visa Denied - Help

[carly+anton 1]

Hello! This forum was a big help while working on my husbands change of status application. He has had his green card for 2 years (we are pending on his removal of restrictions application) and in the time we have been together we have had a son.

 

Here is where we need help, his brother would like to come visit us for 2-4 weeks and meet myself, our son, and just generally have some time with his brother. We did the application for a B1/B2 visit for a 3 week visit, we listed my husband as the person who would be paying for everything and that he would be staying with us for the visit. His interview was yesterday and it was very short, not many questions asked and they denied him based on not having strong ties to his home country. We were so surprised by this and plan to reapply but trying to do research on what to do to boost the odds of an approval. My brother in law brought papers they didn't even check with things like, his son's birth certificate (he has a 3 year old son) and inheritance paperwork showing that he will inherit his fathers home. He works for himself doing IT support (some remote but also in person, physically wiring servers/computers at company offices), is not married but is engaged to the mother of his son, he is the only source of income for his family so they rely on him returning back to his work in order to support them. He rents an apartment and mostly just works/spends time at home. He is not part of any organizations or clubs that would help prove ties.

 

What should we do? I have considered having his fiance write a letter explaining that they rely on his income, bringing copies of his rent agreement, but not sure what else we can do. He felt like partly it was bad luck with the person who did the interview seeming uninterested in reviewing the papers he did bring to this interview. He was also just told the denial reason after the interview, he was never asked about that during where he would have had a better chance to provide reasons he has to return. I would have thought having a fiance and young child would be strong enough evidence but would love any feedback. We truly just want him to be able to visit 🥺

Edited September 28, 2023 by carly+anton

[powerpuff 5,907]

Just for the record, COs are not required to look at any documents. They mostly make the decision off of DS-160 and they usually make the decision before the person even comes for the interview.

 

I think his chances of approval are low as his circumstances did not change, I really doubt fiancés letter will do anything. The two factors that contributed to the denial, in my view both from personal experience and being on the forum over the years, are: a) that your husband is paying for the trip - meaning your BIL doesn’t have sufficient finances to fund the trip, even though it sounds like his job should allow him to and b) that your husband adjusted from a non-immigrant visa (I’m assuming tourist but correct me if I’m wrong) which consular officer really really do not like. Even if it wasn’t B2, they generally really do not like when people adjust from a non-immigrant visas. A friend of mine’s mother was denied B2 when they found out her daughter (my friend) adjusted status from F1 (she did a change of status form B2 to F1) The COs face literally visibly changed and he promptly denied the visa.

 

My suggestion? Meet in a third country. My said friend had to meet in DR to see her mother after not seeing her for 7 years. 
 

Of course he’s free to reapply. But personally, I don’t see the chances being very high. It’s your/his decision.

Edited September 28, 2023 by powerpuff

[Boiler 43,479]

I am sure that you are aware of all the issues in his Country

 

Your Husband stayed and adjusted after entering on a H2a which is also a non immigrant visa.

 

He seemingly has insufficient funds to pay for his trip.

 

Documents are very rarely reviewed, the information required is asked for on the DS 160, and the things you mention are not relevant and could not be confirmed anyway.

 

Interviews are normally 2 or 3 questions.

 

His situation is what it is.

 

[carly+anton 1]

Thanks for the replies. Here is some additional info based on the feedback. My husband was working on a farm on an H2A visa when we met and started dating so he did not adjust from a travel visa. His H2A visa was still current when we got married so he didn't overstay it either. Of course I have no idea if my brother in law mentioned any of that, I will have to ask.

 

From everything I had researched, I thought it is better for my husband to pay for the trip showing it is a gift and not something intiated by his brother as a way to get to the US. If he needs to pay, he can. I have read on other forums where people were advised to pay for the visa on behalf of the visitor so I may need some more info on this as we could go either way on that. 

 

Regarding the DS 160, there seems to be so little information there, especially compared to the AOS paperwork so it seems like there are just a few things they consider, like employment. All of the questions regarding illegal activities/intentions are things he is able to answer 'No' to so I not sure what else would be a red flag. He has a clean record, we listed just 3 weeks for the trip. 

 

I have some medical considerations that would prohibit me from traveling for awhile so trying a 3rd country would only be a future option unfortunately. Feels very sad to me to think that he may never be able to see our home and visit our favorite restuarants. Just stuff we take for granted already being a citizen I guess. You don't always realize how hard it is to visit. 

[powerpuff 5,907]

2 minutes ago, carly+anton said:

My husband was working on a farm on an H2A visa when we met and started dating so he did not adjust from a travel visa. His H2A visa was still current when we got married so he didn't overstay it either

I did add that even if it wasn’t a tourist visa, COs still really do not like when family members adjust from non-immigrant visas. Non-immigrant visas such as H2a are granted by also showing strong ties and proving they will return upon the trip… which he didn’t fulfill. Not overstaying is not a factor, my friend didn’t overstay either.
 

7 minutes ago, carly+anton said:

From everything I had researched, I thought it is better for my husband to pay for the trip showing it is a gift and not something intiated by his brother as a way to get to the US.

Never heard of that, at least not here on VJ.
 

 

[carly+anton 1]

Understand as far as the situation with my husband. My research had shown there is more understanding for a long time H2A worker to find a partner after spending significant time in the US working and they don't judge that as harshly but you could be right. I thought having family here would help prove why he wants to visit versus just coming here for no reason but sounds like that is not the case. Is there a big part of this that is just luck on which officer you are assigned to? 

[Boiler 43,479]

21 minutes ago, carly+anton said:

From everything I had researched, I thought it is better for my husband to pay for the trip showing it is a gift and not something initiated by his brother as a way to get to the US. If he needs to pay, he can. I have read on other forums where people were advised to pay for the visa on behalf of the visitor so I may need some more info on this as we could go either way on that. 

There must be many Forums out there I have not come across, wondering which one as I have not come across that suggestion.

 

Somebody wants to visit the US, they are not that concerned about why assuming it is not something allowed under a B, they are more concerned as to why he would leave.

[SalishSea 16,782]

1 hour ago, carly+anton said:

Hello! This forum was a big help while working on my husbands change of status application. He has had his green card for 2 years (we are pending on his removal of restrictions application) and in the time we have been together we have had a son.

 

Here is where we need help, his brother would like to come visit us for 2-4 weeks and meet myself, our son, and just generally have some time with his brother. We did the application for a B1/B2 visit for a 3 week visit, we listed my husband as the person who would be paying for everything and that he would be staying with us for the visit. His interview was yesterday and it was very short, not many questions asked and they denied him based on not having strong ties to his home country. We were so surprised by this and plan to reapply but trying to do research on what to do to boost the odds of an approval. My brother in law brought papers they didn't even check with things like, his son's birth certificate (he has a 3 year old son) and inheritance paperwork showing that he will inherit his fathers home. He works for himself doing IT support (some remote but also in person, physically wiring servers/computers at company offices), is not married but is engaged to the mother of his son, he is the only source of income for his family so they rely on him returning back to his work in order to support them. He rents an apartment and mostly just works/spends time at home. He is not part of any organizations or clubs that would help prove ties.

 

What should we do? I have considered having his fiance write a letter explaining that they rely on his income, bringing copies of his rent agreement, but not sure what else we can do. He felt like partly it was bad luck with the person who did the interview seeming uninterested in reviewing the papers he did bring to this interview. He was also just told the denial reason after the interview, he was never asked about that during where he would have had a better chance to provide reasons he has to return. I would have thought having a fiance and young child would be strong enough evidence but would love any feedback. We truly just want him to be able to visit 🥺

Adjusting status on a nonimmigrant visa has its drawbacks later on when relatives want B visas.   He was rightly denied.

[JeanneAdil 6,203]

Hard for me to understand some decisions of CO's

MIL applied for B1/B2 when Adil was green card holder  and was denied /at that point , he could not have done AOS for her to stay

 

BTW I was in Moroc at the time to bring her to US if she got the visa and saw written paper they gave her to deny which was dated the day before the interview/not a 22l1g but a written letter English on one side and Arabic on the other

 

Then when he became a citizen,  they approved her 

no changes in her circumstances 

[beloved_dingo 1,932]

He can reapply but there's really no point in doing it right after he was denied. Then it will just look kind of desperate. Perhaps he could reapply after he is actually married, as that would at least be a chance in his circumstances and be a stronger tie to home than a fiancé. 

 

Having family in the U.S. will always be a hurdle though. It increases the odds of someone overstaying their visa. 

 

 

Edited September 28, 2023 by beloved_dingo

[Boiler 43,479]

I have lost count of the number of people who applied married and then came to the US divorced or got divorced here.

 

I do not know if they pay any attention, I would not.

[carly+anton 1]

16 minutes ago, Boiler said:

I have lost count of the number of people who applied married and then came to the US divorced or got divorced here.

 

I do not know if they pay any attention, I would not.

 

Kind of blows my mind to think that people would knowingly plan to overstay a tourist visa but I guess its a big concern. Not something that ever occured to me. We will probably wait a bit before reapplying based on the advice given, does seem to be much we can do unless he changes jobs/gets married and even then may be just luck too. 

[Boiler 43,479]

Most illegals entered with inspection.

[Cathi 5,610]

Paying for his trip works against him. 

[W199 264]

The CO is legally required to assume he plans to immigrate unless he is convinced otherwise. He doesn't care about his docs and letters and doesn't have time to review them. They are all easy to fake. 

 

He has no chance to get a B1/B2 unless there is a significant change in circumstances.  Maybe a better job, inheriting the house, etc... but just one of those probably won't be enough given what you said.