pete_sf

wow, thanks for the fast reply. just in time to send to the boss!!

How do you say "please enjoy your coffee" in french?

thanks

pete

I just read it after my last post here, did they say why she was denied?

Seeing that she would be leaving family, property, assets & a good job behind why did they think she's not returning? It sounds like she has every reason to actually return once her visit is done.

Thanks for the reply. We thought so too. I spoke with an employee over the phone at the USEM the other day and they said they had only the morning for visa interviews the day my MIL was interviewed. And during my MIL's interview, the officer had to stop, talked to another employee about the afternoon's activity which was a sports festival due to the MLK holiday and gave my MIL the impression that she was in a hurry to go somewhere. First question asked my MIL was who will pay for your trip so we were thinking this could be most relevant to the denial.. not sure what to think anymore! It could be a lot of other reasons.

The circumstances that would affect her approval are Strong Ties to the Philippines.

Have you read my post in the other thread? http://www.visajourney.com/forums/topic/285337-b2-visa-application-just-submitted-chances-of-approval-slim/page__p__4325319#entry4325319

I'd like your opinion on that, you may think she has strong ties based on her "qualifications".

Unless your MIL's situation has changed drastically in regards to her ties to the Philippines trying again for a B-Class Visa is useless.

If your wife petitions for her expect a similar timeline as for a spouse, 7 - 9 months.

Yes, it changed significantly enough to consider re-applying. Otherwise, it will be a moot point like you said. 7-9 months of waiting is better for us than not having her here to meet my family (especially my ailing mother) and to spend time with us so good to know. Thanks for the input.

Follow-up question: Now thinking about it, would her paying for her trip and everything drastic enough ?? The first application, I offered to pay for all her expenses since the B2 application was filed close to her retirement and birthday so it was a perfect gift we thought. What do you all think?

You must see the funny side of this.

Your other post was full of reasons why she could not immigrate and how badly trained etc the IO was not to appreciate this.

Seems the IO knew more about the real situation that you did.

Yes, in this case she sure did! We're now considering an immigrant visa as a result of the denial.

MIL is still not interested in immigrating to the US though. In case she gets denied the B2 visa again, we might just go the I-130 route. Just thinking of other options to get her here without us having to travel back to PI (at least not for the next 2 years), we just miss the family terribly.

100% your MIL's B2 would be rejected, if you file I-130.

That is same as mis-represntation, when you file for B2 applicant declares she has no intention of immigrating to US while her I-130 says other way - that she is intereted in immigrating to US.

That figures. The two categories contradict each other, non-imm and immigrant visas. Oh well, we'll just have to wait and see what happens with the second B2 application. Thanks, Harsh! We're just looking for options.

Hello,

Could you help me understand the I-130 process better? I'm still trying to get over the fact that my MIL was denied a tourist visa the other day and reading through the guides for petitioning a relative.

Anyway, my MIL will reapply for a B2 visa in March and I'm wondering whether filing an I-130 will affect the B2 application negatively? My now USC wife is contemplating on petitioning my MIL, but she also wants my MIL to get here soon hence the B2.

And how long does it take for a USC to petition a parent from the Philippines? Even an estimated timeline would do.

Thanks,

Pete

Hello,

Could you help me understand the I-130 process better? I'm still trying to get over the fact that my MIL was denied a tourist visa the other day and reading through the guides for petitioning a relative.

Anyway, my MIL will reapply for a B2 visa in March and I'm wondering whether filing an I-130 will affect the B2 application negatively? My now USC wife is contemplating on petitioning my MIL, but she also wants my MIL to get here soon hence the B2.

And how long does it take for a USC to petition a parent from the Philippines? Even an estimated timeline would do.

Thanks,

Pete

My guess is that the majority of applicants that day were refused visa's.

you guessed right! out of the many B2 applicants that day, not a single approval according to my mom. thanks, Boiler!

Her main problem is that she is in the Philippines, there is a very high fraud rate and the Consulate will only approve them when you have a very good case.

She has no right to a visa and there is nothing your wife could say or would be allowed to say.

I personally think that most cases are decided before you get to the window, I can not prove it.

If you want to see the paperwork, get it scanned and sent over, I can not see it making any difference.

ok not sure what happened to my post,

anyway this is pete's wife. thank you all for the input.

and i read 211 g, 214 b. thanks boiler. visa refusal does not mean inadmissibility. my mom simply did not satisfy the officers presumption of intent to immigrate.

next step, yes, re-apply not reappeal. not sure DH is understanding it fully. decision was final and exclusive even if we get the DOS to look over my mom's case. i'll still try to get more info regarding the visa refusal. simply because i just want to know if something good can come out of it. lol

anyway, DH thinks officer was biased, i think the officer did her job as she's supposed to.

i think my mom did not overcome the presumptions based on the interview alone, we'll put emphasis on how she can express herself intentions better when answering , maybe we'll have the interview in tagalog next time. we focused too much on the evidence, it's interesting for me to know that there is more to this tourist visa applications than meets the eye.

hopefully someone benefits from our experience.

thank you, all.

She can not appeal, she can re apply.

Yes, but can the department of state influence the foreign consular post to reopen and look over what caused the denial, without having to file another B2 if there is really no reason to deny in the first place, just a matter of miscommunication between the officer and the applicant?

I am sorry that her visa wasn't approved, but I wouldn't be devasted for that. You can give some time and give a new try. Most of these visas are luck, and approval depends on the mood and the impression the interviewing officer gets from you.

As she is 65, I would recommend giving sometime. More than prepare additional paperwork, just prepare herself for the interview. (remmember they analyze the person.(she needs to be extremely confident, and give short answers). when she is ready then re-apply. If possible, somebody who speaks english go with her (Seniors can bring one person). with the information that you have and having a good interview you will get approved.

In my case, I help My father 70 YO, who doesn't have properties deeds or anything else.he was denied twice in my Country. I wrote a letter that my father signed explaining why he wasn't at risk of remaining in US (ties to Home country. I went with him to the interview. The officer didn't look any papers, only read the letter that I put on the top, and asked few questions through me. eventhough he was denied twice before, the officer approved him in a few seconds saying that he understand the case.

I apologize if I'm rambling in my posts, just sort of disoriented with what happened..

Thank you. I appreciate the input. She basically just answered the questions based on facts, short, but full sentences in English, but the officer did not ask anything worth discussing in detail,. One question caught my MIL's attention though, it was when the officer asked how many kids do you have, then added "Discuss".. So my MIL thought that doesn't make sense. LOL. Had the officer asked, what do they do for a living then my MIL would discuss.. so she just simply answered "I have been blessed with two wonderful daughters." And the officer apparently does not speak English very well, a Chinese/Vietnamese officer (no offense meant). MIL speaks English quite well for a Philippino so we had her interview done in English and she actually thought it'll be good for her too. We even helped her practice her answers to possible tourist visa questions and did a mock interview a few times, until she felt confident in expressing her answers in English and with candor. My mother is actually looking forward to meeting my MIL in person and my mother cannot travel anymore due to grave illness.. so it brought us all down.. can't be helped. Quite unusual for me too that I cried when my MIL told me the news. We're just heart broken right now. Thanks for sharing your experience. My wife already contacted a liaison officer working for the senator just to see if she can help us get specific details/better explanation of the denial so we can re-assess and re-apply and address whatever was the reason that caused the denial in the first place. That's all we want to know. I wish I can leave work right now and go with her to her future interviews. Or better yet my wife go with her when she gets better, she's good at challenging people's decisions and training. My MIL is still sad and thinks she can't go through another rejection soon it'll be more wait for us to see her and be with her. by the way, MIL gave the officer the letter I wrote, emphasizing our desire to spend time with her, mentioning her strong ties to go back to her home country, why she can't be a risk too but the officer did not even bother to read, giving my MIL the impression that the officer was just in a bad mood and was determined to deny outright.

@ Boiler, As for the moving, well our apartment is big enough for 2-3 people, but we wanted more space for us and a nice neighborhood where my MIL can enjoy the scenic views and enjoy her time here better and we can have my parents visit and stay with us (they live in another state). We felt that in our current place, she'll have a hard time relaxing due to the constant partying of teens next door.

The interview is very quick, the wait usually is not.

You seem to have assumed she would be interviewed at 6.30, which would be very unlikely.

She was indeed interviewed that early, and exactly on her appointed time. We were able to talk to her at 1 AM (she took it bad and had to rest for a while ) and it was bad news. She was denied.

She said she was asked 5 simple general questions, the officer did not bother to ask to see ANY of her paper evidence of ties at all, which is kinda upsetting to us because we feel that the judgment was made from the get go. DS-160 is pretty much straightforward and my MIL's answers to the questions were nothing but concise and nothing too revealing or anything like that (not that she has anything to reveal). They're pretty much well to do in the Philippines, so assets were not an issue, she also has family to go back to and social and economic obligations. Not sure why these were not considered...

It says on her denial letter that she did not satisfy one category under INA.. not sure which one.

My wife will try to speak to the head of the NIV division to see what specific category was that and will try to appeal her case to be reconsidered. She feels that the officer overlooked something and is undertrained.

As for me, well, I'm devastated as hell as it has been almost 4 years since we last saw her. We're even moving to accommodate her and more living space for us. We miss her terribly and we can't simply fly there and go.. my wife has been sick too so travel for us is not an option as of this time.

Not sure where we go from here, I'm sure this is going to be a very long shot but my wife insists that she just HAS to KNOW the entire reason, and needs to talk to someone in there and get to the bottom of the denial so

her mother can considerably change/provide the specific requirement to overcome the presumptions of the intent to immigrate the next time around, otherwise re-application is a moot point according to my wife.

Thanks for your answers... this is a sad turn out for our family....

The interview is very quick, the wait usually is not.

You seem to have assumed she would be interviewed at 6.30, which would be very unlikely.

She was indeed interviewed that early, and exactly on her appointed time. We were able to talk to her at 1 AM (she took it bad and had to rest for a while ) and it was bad news. She was denied.

She said she was asked 5 simple questions, the officer did not bother asking for ANY of her paper evidence of ties at all, which is kinda upsetting to us because we feel that the judgment was made even before she sat down for the interview.

It says on her denial letter that she did not satisfy one category under INA.. not sure which one.

My wife will try to speak to the head of the NIV division to see what specific category was that and will try to appeal her case to be reconsidered. She feels that the officer overlooked something and is undertrained.

As for me, well, I'm devastated as hell as it has been almost 4 years since we see her. We miss her terribly and we can't simply fly there and go.. my wife has been sick too so travel is not an option as of this time.

Not sure where we go from here, I'm sure this is going to be a very long shot but my wife insists that she just HAS to KNOW the entire reason, and needs to talk to someone in there and get to the bottom of the denial so

her mother can considerably change/provide the specific requirement to overcome the presumptions of the intent to immigrate.

Thanks for your answers... this is a sad turn out for our family....

My wife has gone ballistic, until now we have not heard from them and it's so unlikely for my MIL not to update us at all not unless she's still inside the consular office.

I have left numerous messages at the hotel room they're staying at and they have not been back since they left for the interview we were told.. I think my wife is about to lose her head worrying about their welfare..

Anybody here knows the phone number to the US embassy Manila that's a direct line to know the status of a non-immigrant visa case?

If my MIL went shopping after the interview without updating us I'll be furious!!!!!!!! My wife's upset and it's making me upset as well...

Does it really take this long to get a B2 visa interview in the US Embassy Manila?! I wouldn't be surprised though.

There.

Rant over.

About 5 mins tops, no medical.

Thank you!

We still cannot reach my MIL. She's still in the US embassy, just called her mobile phone and hotel. My wife is getting all worked up not knowing if my MIL's visa is approved..

I guess this will be my rant thread now.

Will update once we hear from her.

Is that your house behind you? How much is the mortgage there for a house like that? We live in the bay area and are considering moving to another state..

Thanks,

Pete

Update: My MIL's interview in the PI was earlier today at 6:45Am and it's past 9AM there and we still couldn't get in touch with her. Anyway, does anyone know how long do these B2 visa interviews and processing last? And is there a medical exam required for B-2 approved tourists? Is it going to be in St. Luke's, the same place where my wife went to for her K1 before?

Anyone?

Thanks,

Pete

I would take it the other way around, that you were living with her.

If it comes up, a mistake that should be correctable at the time of the interview.

Thanks for the input! We appreciate it.

I guess there's nothing more we can do for my MIL at this point. It's up to her to overcome the presumption of immigration intention to the US.

She's scheduled for January.

Thanks for the good luck, cookie!

There is no appeal, they can re apply.

Was the mistake material?

Somewhat, at least to us. It's in the travel info section.

We typed in my name as the person paying for the trip. And answered yes to the following question, "is the address of the party paying for your trip the same as your home or mailing address?".

The officer might think my MIL considers our US address as also her permanent address......are we right to assume that? we're screwed!

I have never heard of anybody submitting more evidence at the interview, which doe not mean it has never happened.

In the 30 seconds or whatever that it takes there just would not be time.

Most positive factor is the she is leaving her husband behind.

which brings me to ask, would an applicant who's denied a B2 visa be able to appeal the denial? not sure for a non-immigrant application. have you heard of such here on VJ? just curious..I'd imagine with the little time they can spare each applicant, the consular's decision is somewhat pre-determined based on the info submitted on the form Ds-160 alone. so how else can a person make a good impression with small talk and with too little time? fingers crossed she gets a nice officer

ETA: how can we edit the info already submitted on the ds-160? we made an error on a yes/no question. times like this i wish i can just call the us embassy in manila and speak to a consular officer myself lol maybe i'll try

no one can say what the changes are Even if you have exceeded the requirements. You knw what .. some applicants thathas no proof get approved and unfortunately those with a load of paper is just shot down... guess the officere think it's all poof just for the interview

Hi,

Thanks for the input. We appreciate it.

My wife and I were discussing these things last night, and we do realize that the burden of proof lies solely on my MIL, but it wouldn't hurt for her (and for us to help her, guide her) to prepare as many documents as possible to bring along with her during the interview regardless of whether or not the consular officer will ask to see them. So we decided to include a few other things on top of what she already has. We can only hope she gets enough time to present her docs, and a permissive officer.

Anyone else has any idea on what to present for evidence of social, familial and economic ties aside from mentioned? Can someone elaborate on what these ties mean in relation to immigration intent, maybe more examples? The wife is trying to gather more ideas.. sometimes just discussing these openly can bring about a lot of possibilities, fingers crossed for good possibilities.

Thanks.

all looks good, doe's she have a date to return, doe's she have her expense money, a place to stay tha address,to person thats going to be responesable for her, i think she has ties good luck,

hello,

Thanks for the reply and the input. Yes, she does have her dates planned out. I forgot to add, she has her travel itinerary that my wife made and sent for her to bring to the interview, all the places she will visit and dates. We noted in her application that she will be staying with us during the entire duration of her trip, which she prefers. MIL knows our home address very well too. And also, indicated that she wish to stay for 3 months with us. She does have her own money to spend while in the US (included in her bank account statements and she is currently processing her pension benefits, which would be additional source of money for her on top of her life savings, we're thinking she should include these documents as well). My wife and I are taking full responsibility of her, and also thinking of adding travel insurance for her.

Not sure what else to add for evidence of ties..

Hello,

We just submitted my MIL's tourist visa application yesterday and she's currently gathering more evidence to support the application. She's turning 65 and retiring this Dec. 5. She has the following evidence of ties,

-property deeds/titles of all the family houses and lots

-pay stubs for the past 3 months

- tax documents for the past 3 years

- car registration and ownerships

- bank account statements for the past 3 months (will also bring bank account statements for the previous years,1-10 years back, to show stable income source)

-marriage certificate, birth certificate on NSO papers

-contract of ongoing house renovation (to prove she has to come back and tend to the renovation with her husband)

-letter from current employer stating she and husband are/were employees for more than 35 years, and their salary grade etc

-retirement plan and pension pla/benefits (optional)

-credit card account statements

Do you think these will suffice? Do you think we should still include an invitation letter? My Filipina wife is worried that her mother's retirement will be an issue. Any input is appreciated. We are paying for her airfare as birthday gift, and all other expenses for the trip.

By the way, MIL is traveling alone. My FIL will be left behind with the rest of the family.

What do you all think?