Wife's US Visitor Visa Woes and Victory

[MarineClimateLover]

My wife and I met in China in May of 2007 and married in Jan. of 2010. We are in the process of preparing for her to immigrate to the US but earlier this year, in February, she visited the US with me.

 

We had originally planned on spending Christmas 2010 with my family and in August of that year applied for a visitor visa interview in Beijing. We meticulously prepared documents and photos and I went over with her what she was to tell the visa officer. I had a hunch that she would be denied simply because an American friend of mine's wife was denied the first time she applied. That said - my wife was optimistic because we were married and, to her, it only seemed natural that she meet my family. She has a job in Beijing, family in Hubei, and at that point, wasn't planning on immigrating.

 

Denied. She walked out and I could tell she was stifling tears. I was supportive and told her it wasn't a problem and that on her next application she'd be successful. We still had enough time to get in for another interview and be home in time for Christmas.

 

With the first application there was one glaring problem that sent the train off the tracks. Our photos. My wife had prepared a USB drive to show the visa officer. I wasn't sure that'd fly but she seemed convinced it'd be no problem. Perhaps she'd heard it from a friend. Either way - it was a mistake. According to my wife the interview was going swimmingly until he asked for photos. As soon as he did and my wife pulled out the USB drive he said, "Dui bu qi. Wo kan bu liao USB de zhao pian", and handed her a denial slip. She was disappointed but there was an identifiable reason for the denial.

 

With the second denial there wasn't. Almost 5 weeks after the first interview my wife showed up for her second. For this application we printed out many photos of us together and different locations. The visa officer, who had apparently woken up on the wrong side of the bed, took about 10 seconds to review my wife's documentation, ask her why she wanted to go to the States, to which she replied that she wanted to visit my family and spend the holidays with them, and promptly hand her a denial slip saying she needed to apply for a "fiance" visa. This was odd and indicative of his incompetence because my wife had brought our wedding booklets to the interview and had he taken the time to do his job he'd have known that a fiance visa was absolutely not the proper course of action. The denial was un-explainable - and this time my wife was almost inconsolable.

 

Plans for Christmas were out as the next scheduled interview was in early January. We were both disappointed and I thought it a good idea to give up on the whole idea of my wife traveling with me to visit my family. My wife, on the other hand, was tenacious and decided to seek counsel from a business offering visa services in Beijing. They told her that she shouldn't have had a problem with either application and told her that applying for a third time might not yield a different result. I applauded their honesty but my wife was indignant and wasn't going to quit. So they told her a couple things to say at the interview, things we'd already used and that were the complete truth (my wife was never counseled to say anything dishonest - I think that would have hurt her chances of receiving a visa even more than what the poor odds already were), and wished her good luck.

 

On the morning of the third interview I told my wife not to be disappointed, that she'd already been denied twice, and that would make it harder for another visa officer to go out on a limb and approve her. She walked into the embassy confidently with her arms full of documents and photo albums. An hour later she strolled out with a huge smile on her face and informed me that she'd been approved. When my wife collected her passport several days later we found out that the visa officer had approved her for a 1 year multi-entry visa - supposedly the best you can get.

 

So. What was different with the third application? Was it simply that the third time is a charm? I don't know. My wife changed tactics a little bit during the third interview by handing her documents to the visa officer instead of waiting to be asked to hand them over. Also - the first two visa officers were male while the third was female. Make of that what you will.

 

All's well that ends well, I suppose, and my wife thoroughly enjoyed her trip to the States.

 

Now it's on to the immigration process!

Edited July 30, 2011 by MarineClimateLover (see edit history)

[IllinoisDave]

Congrats. Considering how rare they are for couples in your position, you were very fortunate. Make the best of that visa.

[foobaz123]

I've thought about trying to get one for my wife so she can meet my father before he passes away. Unfortunately, we don't live together so I'm sure they'd skip right past "dying father" and jump directly to "by-passing immigration procedures" on the way to "deniedville"

[Lee VD]

Just horrible... completely inconistent and arbitrary determinations... what is the justification for these denials? Just a general directive to decline all visitor visas with no prior US visits or business reason?

[dnoblett]

Just horrible... completely inconistent and arbitrary determinations... what is the justification for these denials? Just a general directive to decline all visitor visas with no prior US visits or business reason?

Here is what the Embassy has posted:

 

How do you decide whether or not to issue a visa? Section 214(b ) of the U.S. Immigration and Naturalization Act states: Every alien is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to nonimmigrant status...

To qualify for non-immigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of a visa under Section 214(b ). The most frequent basis for such a refusal is failure to overcome the requirement that applicants must possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of their temporary stay. The law places this burden of proof on each individual applicant.

 

 

http://beijing.usemb...uance.html#niv1

 

Section 214(b ) has to do with immigrations intent, all non-immigrant applicants are considered to be having intent to immigrate unless they prove otherwise. Marriage to a US Citizen can be considered to have intent to immigrate, this tends to be the case if there is a visa petition in process like (K-1, or CR-1 or IR-1)

Edited August 1, 2011 by dnoblett (see edit history)

[foobaz123]

Just horrible... completely inconistent and arbitrary determinations... what is the justification for these denials? Just a general directive to decline all visitor visas with no prior US visits or business reason?

 

Sue and I tried to get one early in our relationship and it was clear that she was denied before she even got to the window and only purpose of the interview was to determine the exact reason for her denial.

 

That's my side and the negative and with it said, here's the other side of it. She had just graduated from University and had no job yet and was living with her sister. She had no income and little money in the bank. I had been over to see her once.

 

Fast forward to today...

 

She's been out of University for more than a year and been employed at the same company also for more than a year. She has an apartment (our apartment) and money in the bank, albeit not a huge amount. I've been over there several times and we're now married. Point being, I think we're in a far stronger position to try again for it and we're thinking trying it so she can definitely meet my father before something happens to him. However, there is a good chance they'll take a look at our being married and our already in progress CR1 and immediately deny us. So, we're on the fence about it.

 

Sometimes I do think there is a general unwritten directive to automatically deny any young and non-rich (because they don't have assets in China) people and doubly so for any young women in such a position.

[foobaz123]

Just horrible... completely inconistent and arbitrary determinations... what is the justification for these denials? Just a general directive to decline all visitor visas with no prior US visits or business reason?

Here is what the Embassy has posted:

 

How do you decide whether or not to issue a visa? Section 214(b ) of the U.S. Immigration and Naturalization Act states: Every alien is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to nonimmigrant status...

To qualify for non-immigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of a visa under Section 214(b ). The most frequent basis for such a refusal is failure to overcome the requirement that applicants must possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of their temporary stay. The law places this burden of proof on each individual applicant.

 

 

http://beijing.usemb...uance.html#niv1

 

Section 214(b ) has to do with immigrations intent, all non-immigrant applicants are considered to be having intent to immigrate unless they prove otherwise. Marriage to a US Citizen can be considered to have intent to immigrate, this tends to be the case if there is a visa petition in process like (K-1, or CR-1 or IR-1)

 

True, but of course that doesn't address cases where a short visit is in order while the X-1 application is in progress. Given that such applications can last nearly a year, or in some cases more, it does seem a bit much for that to be practically an automatic denial. Of course, none of us write the rules or procedures.

 

I suppose the most annoying thing about the visitor, and even the immigration, visas is just how arbitrary it seems. Of course, that is because it pretty much just comes down to the VOs opinion and little if nothing in the way of objective standards. Also most interesting since such arbitrary tests and standards have so often been found unconstitutional here as they are too vague and carry too great a potential for rampant abuse.

 

I'm sure I'm not saying anything new.. just a bit annoyed

[foobaz123]

I just read the FAQ again and it is somewhat amusing that they have a question for "I brought all my documents, but my application was refused anyway. What else should I bring?" but not one for "The Visa Officer didn't look at any of the documents I brought and immediately denied me, what do I do?"

[MarineClimateLover]

Just horrible... completely inconistent and arbitrary determinations... what is the justification for these denials? Just a general directive to decline all visitor visas with no prior US visits or business reason?

 

True, but of course that doesn't address cases where a short visit is in order while the X-1 application is in progress. Given that such applications can last nearly a year, or in some cases more, it does seem a bit much for that to be practically an automatic denial. Of course, none of us write the rules or procedures.

 

I suppose the most annoying thing about the visitor, and even the immigration, visas is just how arbitrary it seems. Of course, that is because it pretty much just comes down to the VOs opinion and little if nothing in the way of objective standards. Also most interesting since such arbitrary tests and standards have so often been found unconstitutional here as they are too vague and carry too great a potential for rampant abuse.

 

I'm sure I'm not saying anything new.. just a bit annoyed

 

Being denied twice was annoying and exceedingly frustrating. After the second denial I had a sinking, depressing, feeling that my wife wasn't ever going to meet my family. That's ridiculous, of course, but it's how one is made to feel after being denied the right to bring YOUR OWN WIFE to visit YOUR OWN family - and her in-laws.

 

I thought to myself how the two male visa officers would feel had their wives been in the same position.

 

To anyone applying - I strongly suggest you bring in bank records showing a pattern of deposits (like monthly salary) and if your girlfriend or wife is living outside of where she was born then her residence and work registration.

 

Another document we brought was from her boss saying that my wife had signed a two year long contract and was expecting her back. We actually wrote it but her boss signed and name chopped it. I don't know if it helped or not - but anything that might help should probably be brought along.

[Lee VD]

If you have an immigration visa in process it shows "intent to immigrate" so immediately shuts you down. I think there is a place on the B visa application where they ask you if you have any relationship ( married or fiance' ) to someone in the U.S. so I think they look at that to trigger a potential denial.

 

We avoided that problem by renewing her B visa right before we did the affidavit for the I-129F declaring our commitment to marry. That allowed her to visit during the year it was in process.

 

Even when she came through POE she was honest saying that she had a K-1 in process and was following the legal process (when asked "who are you here to visit?"). The CBP agent was pleased she was following the legal process and said "good for you!", so they didn't have any concern at POE she had an immigration visa in work.

 

But she was able to get a B visa easily due to a prior J visa and no overstays.... and once you have a B visa, a renewal is an easy mail-in, no interview, process. If no overstays you are pretty much guaranteed a renewal. It's that initial B visa that is so hard to get. China has officially complained to the U.S. that they make it too hard for Chinese citizens to visit and the U.S. promised to improve it. It seemed to get better for a little bit then went right back the way it was.

[foobaz123]

If you have an immigration visa in process it shows "intent to immigrate" so immediately shuts you down. I think there is a place on the B visa application where they ask you if you have any relationship ( married or fiance' ) to someone in the U.S. so I think they look at that to trigger a potential denial.

 

We avoided that problem by renewing her B visa right before we did the affidavit for the I-129F declaring our commitment to marry. That allowed her to visit during the year it was in process.

 

Even when she came through POE she was honest saying that she had a K-1 in process and was following the legal process (when asked "who are you here to visit?"). The CBP agent was pleased she was following the legal process and said "good for you!", so they didn't have any concern at POE she had an immigration visa in work.

 

But she was able to get a B visa easily due to a prior J visa and no overstays.... and once you have a B visa, a renewal is an easy mail-in, no interview, process. If no overstays you are pretty much guaranteed a renewal. It's that initial B visa that is so hard to get. China has officially complained to the U.S. that they make it too hard for Chinese citizens to visit and the U.S. promised to improve it. It seemed to get better for a little bit then went right back the way it was.

 

And that's basically what Sue and I are assuming. Which when you consider how long, relative to emergent events, any of these processes take it is highly unfortunate that you're essentially barred from any visits to the States while the process drags out. Especially since a positive outcome is far from certain.

 

In our case, she hadn't ever had a visa before and was actually refused on the usual grounds for a B visa. So, we had nothing to renew prior to the I130.