Tourist Visa Denied Twice

[Mojave 0]

I am a US citizen living in Brazil and Uruguay. Will be trying for a 3rd time for a tourist visa this time in Uruguay at the consulate in Montevideo for my wife....We were married in Brazil and she is a citizen of Uruguay. We also have a 2 month old baby who was born in Brazil.....She has applied for a Tourist visa twice both times denied. Both times in Brazil at the consulate in Sao Paulo. The first time she was denied in May of this year was on the grounds she didn´t have any ties to Brazil or Uruguay. The 2nd time I accompanied her to the interview. We had the deed in her name of a house in Uruguay, rent agreement for her pilates studio in Brazil, pictures of the studio. The interviewer told us she doesn´t have any ties in Brazil and that the house in Uruguay does not matter because they only check for her ties in Brazil and to try in Uruguay. Also she has stronger ties to the states because of me and our unborn baby at the time. Since then we are in the process of having a car put in her name and renting a studio in her name in Uruguay. Also now the electricity to the house in Uruguay is in her name. and a bank statement with sufficient funds.....

She doesn´t want to go the k-3 route because she doesn´t want to live in the USA, That and we figured a tourist visa would be less time consuming, Also that I have to start the k-3 visa for her. Which would mean I would have to return to the states as I do not have residency in Brazil or Uruguay, even though I have been here for a year in Dec. (on tourist visa,Brazil). That and I wouldn´t be able to go the DCF route.

Our plan is to have enough evidence to prove her ties to Uruguay and that she will actually return. If denied the 3rd time then will have to go the K-3 route and she will stay behind with the baby as I start work again in May for 6 months. I have not told the consulate that during the interviews nor do I plan to and we have not told them we are planning to stay 6 months while I´m working and then return to Uruguay. As we do want to visit my family and friends and she doesn´t want to immigrate to the USA is the reason she wants the tourist visa....

What else can help her chances to prove she has ties to Uruguay and we will return. Is it a good or bad idea to bring the baby to the interview? Should she go alone or should I join her? Does buying an airline ticket help?

This is what we have or will have for the interview to prove ties.

- House in her name

- Electricity bill in her name

- Rent agreement for pilates studio

- Bank statement

- Car in her name

- Statement of pilates materials bought

Any advice would help and be greatly appreciated.

Thank You

[Ning 619]

I am a US citizen living in Brazil and Uruguay. Will be trying for a 3rd time for a tourist visa this time in Uruguay at the consulate in Montevideo for my wife....We were married in Brazil and she is a citizen of Uruguay. We also have a 2 month old baby who was born in Brazil.....She has applied for a Tourist visa twice both times denied. Both times in Brazil at the consulate in Sao Paulo. The first time she was denied in May of this year was on the grounds she didn´t have any ties to Brazil or Uruguay. The 2nd time I accompanied her to the interview. We had the deed in her name of a house in Uruguay, rent agreement for her pilates studio in Brazil, pictures of the studio. The interviewer told us she doesn´t have any ties in Brazil and that the house in Uruguay does not matter because they only check for her ties in Brazil and to try in Uruguay. Also she has stronger ties to the states because of me and our unborn baby at the time. Since then we are in the process of having a car put in her name and renting a studio in her name in Uruguay. Also now the electricity to the house in Uruguay is in her name. and a bank statement with sufficient funds.....

She doesn´t want to go the k-3 route because she doesn´t want to live in the USA, That and we figured a tourist visa would be less time consuming, Also that I have to start the k-3 visa for her. Which would mean I would have to return to the states as I do not have residency in Brazil or Uruguay, even though I have been here for a year in Dec. (on tourist visa,Brazil). That and I wouldn´t be able to go the DCF route.

Our plan is to have enough evidence to prove her ties to Uruguay and that she will actually return. If denied the 3rd time then will have to go the K-3 route and she will stay behind with the baby as I start work again in May for 6 months. I have not told the consulate that during the interviews nor do I plan to and we have not told them we are planning to stay 6 months while I´m working and then return to Uruguay. As we do want to visit my family and friends and she doesn´t want to immigrate to the USA is the reason she wants the tourist visa....

What else can help her chances to prove she has ties to Uruguay and we will return. Is it a good or bad idea to bring the baby to the interview? Should she go alone or should I join her? Does buying an airline ticket help?

This is what we have or will have for the interview to prove ties.

- House in her name

- Electricity bill in her name

- Rent agreement for pilates studio

- Bank statement

- Car in her name

- Statement of pilates materials bought

Any advice would help and be greatly appreciated.

Thank You

The problem that cant be overcome is that she is married to a USC. Once she enters tha USA her ties are to the USC. That is exactly the reason my husband was given when I tried 3 times to get a tourist visa.

Whe she applies again the two denials will be brought up. They will again deny her a tourist visa. Even if she got the visa she would probably be turned away at the POE when they realise she is married to a USC.

The proof you have isnt enough in my opinion. The baby wont help. If you are even allowed at the interview it would only serve to point out her ties to you. Having a ticket is seen as arrogant & ignorant.

If she were granted a visa the time she could stay in the USA would be set at the POE after they question her intent & allowed her to enter.

I didnt intend on staying in the USA either. My husband finally realised that I would never be granted a tourist visa & got us immigarnt visas. After we got those we decided to move to the USA to become USCs so we never have to ask again.

It would be better to petition for a CR 1 visa now & not have to deal with the tourist visas.

[canadian_wife 1,791]

K-3 is dead. It was administratively closed earlier this year

Further, all her ties seem to be to Uraguay, not helpful if she is interviewing in Brazil. If the CO has, in the past, asked for her ties to Brazil, then strenghten her ties to Brazil, or interview in Uraguay. So far you haven't changed anything and will run into the same problems if she interviews again in Brazil

good luck

[Boiler 43,631]

From what you have said the chances seem very low, especially with 2 recent denials.

Part of the issue is your lack of ties, you are living there temporarily. Much better if you had residency, job etc.

And the ties can not be that strong if you are contemplating a 6 month visit.

[Samoray 165]

It does not seem like they're gonna approve the visa this time either.

[Harsh_77 716]

My thought is she will be denied again, does not matter how much property or bills you show in her name. The simple reason is she is married to USC- which means if they allow her to enter the country on B2 she can enter the country and file for AOS without leaving the country, which would mean that she skipped the line which 1000’s are waiting in.

So being married to USC it is not really possible to get a B2 visa.

[Mojave 0]

Thank you everyone for their replies and helpful information.

Greatly appreciated.

[Used to be broken 143]

She doesn´t want to go the k-3 route because she doesn´t want to live in the USA, That and we figured a tourist visa would be less time consuming, Also that I have to start the k-3 visa for her. Which would mean I would have to return to the states as I do not have residency in Brazil or Uruguay, even though I have been here for a year in Dec. (on tourist visa,Brazil). That and I wouldn´t be able to go the DCF route.

Someone said the K3 is dead, which I never really understood anyway.. but DCF window seems to be closing as well, USCIS just scheduled a conference call to discuss with stakeholders the idea of bringing back all consular processing of spouse VISA's to the US. In any case based on your statements, even if you did do DCF, you will have to file a "domicile" plan in order to get her paperwork approved so you must be living in the US. Might as well get moving on reestablishing your domicile here in the US.