Noah Lot

the COs will be wondering what is really going on with somebody who dropped out of school, and thus has no reasons to return home....(it suggests you were not a bona fide, serious student. and the idea of just 'hanging out' won't resonate well...$2000 in a bank account is (a) peanuts for surviving any length of time in the US and (b) can be easily withdrawn...) $6000 in a US account suggests ties to the US, and airline tickets have no magical mystical power over a person to force that individual to go to the airport.....

My fiancee and I have already sent in the first papers for the K-1 visa. While we are waiting to hear back from the papers, she is here visiting for 90 days on the visa waiver program. We don't want to be apart and for her to go back to Italy and do the rest of the paperwork for the K-1 visa because it takes several months. We would like to get married and adjust status here so she can stay and to avoid being apart. Can someone give us some advice on how to do so or an online guide on how to do it? I can't find anything very clear online about this. She has been here for about 45 days, is it too late to try to adjust and have her stay without going back?

Go to Borders and buy a copy of .."Mind Changing for VWP Travelers"....

All those who are waiting/frustrated, etc...

the folks behind the lines are not going out of their way to cause delay in 99% of the cases...there are just too many cases (collectively) and not enough people to get through them at a pace that would make more people happy. The process for immigrant and K1 visas are methodical...and generally none too quick. for a variety of reasons.. more and more embassies are trying to have some sort of electronic feedback (semi-automated) to be able to provide some sort of interim responses...and yes, those likely sound mechanical..but ..in many places, like London, which likely processes beaucoup IVs every year, there are not enough personnel resources to give each case TLC from start to finish...and some cases become complicated for a wide variety of reasons...not the least of which is incomplete requested documentation of the petitioner & beneficiary...so hang in there...take a deep breath, but try not to take the DoS to task...

Sorry to jack the thread, but I have a question, How does it work for someone who got a visa with a work contract in other county? How can that person go about traveling to USA?

same as any other applicant....they must convince the CO that he/she will depart the US after a visit and not work without permission while visiting.

Hello,

I just found out that I am pregnant. I want to start the process for my mother-in-law (from India) to come to the U.S. to assist me in my last weeks. I'm in my first month right now, but thought it would be helpful to get the information so I can slowly start the process. Here is some info about us

1) I am a u.s. citizen, my husband has a conditional green card

2) We have our own home and will be able to sponsor on our own (no co-sponsor needed)

3) Good combined income

With the above in mind, is it possible that my mother-in-law will be able to get a tourist visa to come.

People with previous experience, please comment.

Thanks.

In addition, the VOs will have to be convinced that she is not coming over to provide full time child care so you can return to work, because such activity is considered work, whether she is paid in real dollars or not....just something to keep in mind.

the key phrase I used was: "perceived credibility"....and that judgment call is made by a CO...being human, no doubt occasionally being in a 'mood' might color their decision making, but by and large they avoid that sort of influence, if they understand and respect the authority given to them by Congress...most unsuccessful applicants have no idea where they went wrong...many believe that if they just had the right document or coughed up the right answer, they would have gotten a tourist visa...instead, what they likely were unaware of was their inconsistent story and/or answers to questions posed to them which gave the CO a poor impression of their credibility...phony smiles, cheery, bubbly answers, etc, will often backfire...putting on an act will likely backfire...and trying to create a water tight story (that is usually full of holes!) in order to mask one's true intentions will often fail as well. Few of these failed attempts have much to do with the mood of a CO.

If said treatment is available in one's own country, then the VOs will be asking what is the 'need' to go to the US...and then it's likely that the applicant will (or might) have a tougher time overcomming 214b...(if there are doubts about the veracity of the medical issue)...

If you want to bring your mother-in-law to the US for treatment, then you first have to prove that you can pay for the medical treatment before a B2 visa will be issued. (It doesn't make sense to let someone in, then try to figure if they can pay. The US government will want proof that your MIL can pay her anticipated medical bills before she can get the visa.)

The first step is can you pay for the treatment. You will need to show you have the financial assets or private insurance will cover the medical expenses. Show that you can add your mother-in-law to your insurance plan is the first step.

Now for the - what the hell part. No company's insurance covers a mother-in-law. Hell, most people would love to get their own elderly parents on their company's insurance instead of Medicare. You will find that the B-2 route will stop here when you can't get through the first step of getting your MIL on your insurance. Furthermore, if the Philippines insurance company will not pay for a preexisting condition, what makes you think your company's insurance would pay for it? There are no US insurance company that will allow you to pay a few hundred in premiums to get treatment for a preexisting condition that costs 10 times the $10,000 price quoted in the Philippines. Why would your company's insurance pay over $100,000 for your MIL?

Your best bet in getting treatment for your MIL is to get money to the Philippines. There is no need to waste money on a B-2 when there is no way you are going to get your MIL on your company's insurance.

In addition, the applicant must prove that the medical treatment is NOT AVAILABLE in their country versus not preferable...that, along with the ability to pay for said treatment, is paramount.

If your deity of choice really wanted the best for you, then he/she might have intervened and prevented you from lying....but that didn't happen...which suggests that said deity was either busy or, for some odd reason, did not have your best interests in mind....so why would the same deity give a rat's behind now about where, when or if you complete your studies?

OMG your replies drive me crazy, so frustrating

What I'm going to say is I will try my best with them, if it does not work I beleive in God and I beleive that he wants the best for me ( may be USA is not the place where I should live or study ).

Also, please try to change your method of typing, I need an brief answer not a long story full with frustrating words

If you really believe in God, then why did you lie? Is that something that this particular deity prefers his or her minions to do? You cannot have it both ways; you want to call upon some deity for your visa salvation, as if by saying that, everyone, including some CO, will fall for this transparent faith and reward your fibs with a visa, or, you prefer to do whatever you want, violate our laws any way you choose, lie to our consular officers, and then try to elicit support from others, while summoning up some deity in a bottle to rescue you...? really? Either said deity bestows a visa upon you in a puff of smoke, or ... said deity is tuned out....I suspect the latter.

And if all you want is for someone to tell you how 'unfair' the refusals were...well, I doubt you'll find too many sympathetic types responding to your self created tale of woe.

Yes, you are right! My name is not listed in the B.Certificate. She gave the paternity form signed by me at the hospital and also a notarize copy from me. But they did not list my name. One month ago she went at birth certificate office and submitted again. After one month they sent a letter that there is something error! She will go tomorrow to fix it. And will come Bangladesh with my child.

I have a question please.

I have faced the interview at 10th December and they asked me to go again with Child's Birth Certificate. They provide me a blue paper and did not mentioned any Date to go (told any day). If my wife comes and We go to the embassy, it will be about two months delay from the 1st Date (10th December). Will it be any problem for the delay??? I heard sometimes they send the file back to the USCIS? Is there any possibilities to send the file back to the USCIS in my case???

It's best to comply with their instructions, because the more you try to avoid compliance, the less likely they will do anything to move the case along faster.

Why didn't your wife put your name on the B/C in the first place? Were you in the US, at the hospital, when the child was born?

a notarized correction to the B/C may not be sufficient....and thus it is possible that the embassy will ask for (demand) a DNA test, which will take weeks to complete.

Now you see what happens when you lie to a CO....your credibility is damaged....beyond repair....because now, the CO has NO reason to believe anything you say...he or she gave you 2 or 3 chances to tell the truth, but you chose to lie instead....and now...no more visas for you.

Your actual transgression, from what you posted, was relatively mild (NOT a crime involving moral turpitude by any means)...but...when challenged to tell the truth, you decided to be clever and try to outwit the CO...bad choice...apparently you did this more than once, an even worse decision. More than likely your electronic file has markers in it that show you refused to tell the truth, and remained evasive throughout....which means your chances of successfully obtaining another visa within the next few years is remote at best...credibility is the most valuable asset an applicant can possess...once damaged, it is nearly impossible to get it back soon...apologies, letters from friends, or a school, etc, cannot overcome the simple fact that you chose to lie on more than one occasion...no matter what some other third party writes about you, your own actions have done you in...the COs will no longer care why you want to go to the US, or why you may want to complete your education there....they only see somebody who has been less than forthright with them, and they don't like that one bit....they hear 150 stories everyday..and have to try to sort out who is telling the truth and who isn't..you made it easy for them...and right now, they have no reason to believe a single word you may tell them in the future.

and there may well be further complications since the 'wedlock' mother did not indicate on a previous form that she had another child ('N/A')...there will be lots and lots of questions, and possibly a DNA test required.

No, just my photo which is on my visa is the same on the id.

Please I need more help

Now you see what happens when you lie to a CO....your credibility is damaged....beyond repair....because now, the CO has NO reason to believe anything you say...he or she gave you 2 or 3 chances to tell the truth, but you chose to lie instead....and now...no more visas for you.

At the end of the day, nothing that LJ nor I said will influence a CO's eventual decision of your future visa application...I've given you some insight as to the fact that getting a B2 visa is not as simple as many believe, nor does getting one rely heavily on conjuring up mythical spirits along with a cheery smile....the road you are about to step on has been trodden by many who have decided not to cherish the privilege they were given, and their transgressions can and do influence future decisions by COs who have been 'burned.'

You or others may see what I said as negitive while I see it as realistic. This is based on my own 3 attempts which failed and the many many cases I have seen here on V J. Far more are denied than are approved in my opinion. However I never said you shouldnt try. Do so. Have all the cousins and faimly you have try at the same time.

When I said people in your situation I meant anyone that is living away from their own country not your race. One person here wants to make this about race. Others call on God as though God issued visas. I dont care about race and dont believe in some never seen enity that rules from the sky.

Take the time to come back and tell us what happened with the applications. No matter the outcome you can help others. Especially those that may be in your situation. If you were to succeed by submitting invite letters and support docs from a USC it would prove some of us wrong and inform others of the acceptable method at least at that embassy.

I havent agreed with Noah Lot on some issues but he does know a lot about this subject. His delivery irritates some but I find it funny and informative. I dont see what he says as negitive either.

Its too bad we cant all just be Shirley Temple so eveyone could be pleased all the time. Some of you must live in a different world where its all butterflys and cotton candy clouds. Thats rare when it come to visas. Probably the reason for the web site wouldnt you think.

At no time have I ever said...'don't apply..'...what I have said (numerous times) is that invitation letters are about as valuable in the visa process as last week's newspaper; that an I-134 is not legally enforceable, and thus plays no role whatsoever (in a positive way) of a tourist visa application, and that foreign students studying in a non-native country have a poor track record of using a tourist visa properly, so don't be surprised (or consider the outcome 'unfair') if you don't succeed.....nor I have said we should close the borders....

I have suggested that all waivers be eliminated, which would take away the instant salvation so many visa cheats choose when they are backed into a corner; namely marry some desperate USC living in a trailer park...take away the waiver options and we would likely see a steep decline in spurious marriages whose only purpose is to try and avoid paying the price for being irresponsible.

...........YAWN ..........

now that response was truly helpful......NOT. (did you stay up all night thinking of this clever reply?)

Great then go ahead with that spirit in mind. Have your cousin write spirited letters and send you a support doc to submit with your application. Dont worry about a thing. What is seen as negitive info can be disregarded being replaced by L J positive spirit which will offset the reality of your unique situation.

I notice that L J didnt actually offer any advise as to how to proceed so I guess that is a positive sign.

wow....so some 'spirit' of LJ overcomes 214b? How is that possible? I've checked the Immigration & Nationality Act, can't find a single reference to LJ's positive spirit as a factor in approving tourist visas.....wonder what that says....

I think many "people", that is foreign as well as U. S. citizens, think Americans can have good influence with Immigration Dept. The truth is they do what they want to do regardless of our wishes. We have no "clout" as we say in Chicago.

Once I had a U.S. congressman write a letter to help me and he was slapped down. Best to just be very careful and folllow their directions. They are not there to hurt you but is sometimes seems they are not their to help either. They try to carefully follow their own rules but sometimes seem to make mistakes. They are human.

No one, including congressmen, senators, etc, can influence visa decisions, nor can Joe Blow from Cocomo...it matters not what pedigree some unhappy American has who tries to flaunt said pedigree in the face of some VO while trying convince said VO to change his/her decision, or expedite that person's case, etc. Degrees from Ivy League schools or having a big house or lots of money in the bank does not trickle down to any visa applicant (except if said rich big shot marries somebody; at least the financial requirements will have been met...but they are not the only ones) and bestow some unique status upon them nor make them instantly qualified for any visa....of course, that fact is often forgotten...but at the end of the day, consular officials are supposed to be free of any outside influence when it comes to making visa decisions...that is why they have the authority that Congress gave them.

Can your cousin send an invitation? sure. One can send almost anything in the mail.

will it have any POSITIVE effect on your visa application? No.

Might it have some NEGATIVE effects on your application? Yes.

Does Susie Sweetcheeks opinion matter? No.

What you may not know is that thousands of students studying in a foreign country often attempt to get tourist visas to the US, usually within about 6 months after they started studying...but...the sad fact is that no CO in Russia can judge the reasons you might have in GHANA that would motivate you to return to Ghana (they are not going to call anyone there), so they may well deny your application quickly...and, the rate of abuse by these same 'students' is legendary...so thank all of those who chose to abuse the visa privilege before you even applied.

Yes a letter stating you have to be back at school by X date is a good idea, especially if you need to be at school for a visa or something.

Anyone can write a letter....letters prove nothing, except that somebody sat down at a word processor....but letters are not legally binding upon anyone, nor can a letter force somebody into a taxi, drive them to the airport and make them board a plane.

It should never be like this in any situation or any occupation. That is why we are American's because our ancestors fought for our freedom, that no one person would have complete and absolute power. Not even the president has this, that why it is called a democracy. I hate the media and drawing attention by demonstration, but thank God for it because actually we the people DO have the last say if we are willing to put in the extra fight for what we want. Raise enough HELL and awareness and then someone will listen if for no other reason out of fear or maybe to win brownie points. Hopefully it would be because they just want to do the right thing. They should never EVER forget but for immigrants America would not be this powerful nation that we are. We are all ancestors of immigrants and we are only 6 months shy of being 237 yrs old. We are a young nation built on immigration. Politicians don't want to be bothered by "petty" issues like immigration when they are sure they have more pressing matters. Bother them anyways after all they work for us, we put them in power therefore we can take them out. There are more of us than there are of them.

Sorry, but when Congress created consular authority, there was a rationale behind it....CO's decisions do not take place on U.S. soil...nor within the borders of the US of A, hence, their decisions can and should be distanced from the mechanisms in place within our country...so that those decisions are not and will not be influenced by anyone under any circumstances. You may not agree with this concept, but, in order to maintain border security (and not just from terrorists), CO's decisions cannot be monkeyed around with by congressmen or know-it-alls....because at the end of the day, none of the OPs 'know it all.' A CO with six months experience has likely interviewed thousands of applicants, seen and heard countless stories and excuses, but more importantly, they have had the training on top of the experience that gives them the insight they need to do their job. No petitioner or interested third party 'knows better' about a case, because no petitioner nor interested third party fully understands the scope of visa adjudication. Now, does every CO make every decision perfectly? No. But statistically, they are leaps and bounds more accurate than anyone else.

With their authority comes responsibility...which is why there exists a checks and balances system...who is called the consul general. He or she reviews the decisions made by their subordinates, so it is not as if every decision is made unchecked....especially with regard to immigrant visas. A CG does not review each and every tourist visa decision, but each and every immigrant visa decision is reviewed...for two reasons...one, to make sure that the laws are being followed and two, since a green card is essentially about to be granted to an applicant, they (the COs) want to make doubly sure that the future recipient meets ALL of the requirements. No petitioner nor interested third party knows what those requirements are, to the extent that a CO does, no matter what their pedigree.

At the end of the day, it's best to just follow the instructions of the CO, meet the requirements as outlined, and go on down the road. Trying to have a congressman intervene or, worse, think that by posting some complaint that the CO's decision will miraculously change, is just futile.

I worked behind the lines, so to speak, for several months, in a capacity similar to an intern, with COs at two different embassies, and sat in on their post-decision discussions, and worked with many in the fraud sections...it is breathtaking how much visa fraud there is in many countries, which most people living in the US have no idea of. So yes, I back their judgment over anyone else's, for all of the reasons I have given. Poeple may not agree with their decisions, but that fact alone does not mean that the decision taken was incorrect....or 'unfair.'

And that's the way it is. It is not 'unfair'..it's the law. The OP has yet to demonstrate that his/her case is above our laws. The US taxpayers do not want to shell out for medical bills for the OP's mother (I know I don't). That's what this is about.

No one can help you...no one can intervene with the embassy..all anyone can do is mumble some platitudes, but they won't change the situation.

The COs have a checklist for immigrant visas, but there is no box or question that says something like:

'does the petitioner believe that his or her case is so special that it should be instantly approved without question lest the petitioner rant on about how unfair the lack of said instant approval would be?'..there is no such box nor requirement. Bemoaning the situation won't change it. A congressman or senator cannot change it. You cannot change it. Nor any deity.

A good CO is not going to compromise his/her ethical and legal obligations just because someone thinks they should.....period..

That is just your opinion....but based on what? Again, who has the experience and authority? Everyone whose visa isn't approved at just under the speed of light makes similar claims...but mostly without any justification other than the person in question believes that their case should be treated differently, because they are somehow special...but in reality, no one is.