US Tourist Visa for Asawa/step-daughter

[ITGeek]

My asawa and step-daughter have tourist visa appointment at USEM next week. Last year after we got married in September, I filed I-130 CR-1. Then month later I found out she was pregnant with our baby. 

Instead I decided to relocate to Philippines and we bought bahay in Cabanatuan last December 2015 in both our names (although lot is her name since foreigners can't own land).

I traveled there this last March to be with my family and for birth of our pogi baby boy, born June 2nd. I have CRBA/US Passport appointment at USEM for him on Sept 9th. 

However, their tourist visa appointment is next week at USEM. She has CRBA paperwork, title paperwork for 5m php bahay and maintained healthy balances in both individual and joint BDO and RCBC accounts for past year.

I'm temporary in US for this month for medical reasons, and wrote a signed statement of facts, explaining situation for DS-160 that I've relocated to Philippines and in process of obtaining 13a resident visa.  She has copy of my ACR-I card, but it's still listed as 'Tourist', since I haven't gotten 13a approved yet.  I've also emailed both USCIS and NVC to notify them I want to formally withdraw my I130 CR1 petition (following their online instructions).

She has no plans to immigrate to US now that I'm living in Philippines. The only reason for filing tourist visas is so that they come to US to meet my family.  My father is 84 yo and uncle is 76 (terminally ill with COPD).  We are hoping to travel to US next May so my family here can meet my new family.

I'm sure the CO will bring up question of CR-1 immigration application at interview. My asawa is just going to explain situation that was before we found out she was pregnant and I decided to live in Philippines.  She will also bring mail I received at my local Philippines address to help establish current residency.

Anyone is this group had similar situation and had visa denied? I think she has enough evidence to show compelling reasons for returning to Philippines.

Cheers!

Andy

[chris49]

How does the step daughter fit into the plan here? What is her age?

As for your newborn son, as on your previous post and again now. His application for a passport will probably 99% be accepted but it's not connected to your wife's visa application.

What is your age? And what is your means of support in USA?

[ITGeek]

5 hours ago, chris49 said:

How does the step daughter fit into the plan here? What is her age?

As for your newborn son, as on your previous post and again now. His application for a passport will probably 99% be accepted but it's not connected to your wife's visa application.

What is your age? And what is your means of support in USA?

I'm 52 yo, took early retirement package from when Intel laid off 12,000 US employees and due to permanent disability.  I've worked there since 1989.  I have decent pension and savings, plus I receiving Long Term Disability benefits in addition to awaiting SSDI approval

Her daughter is 5 yo. 

[chris49]

I don't have personal experience but I have heard a few stories. I did have a previous experience, forgot that, in that I was married to a woman in Saudi Arabia, and she was granted a visa based on the fact that we were both employed at the same hospital and we were on approved vacations. She had it 4-5 times but did not ever immigrate. And the last time in 2015 she got it to attend a symposium where she was a speaker. Visa applications at the Saudi Embassy in Riyadh were quite light and everything was done on the same day without an appointment.

I think the fact that you are not over 62 or 65, is positive in your favor. And you can show means of support. I would not like the guess on the outcome, because it depends also on the attitude of the consular officer.

I give you about an 80% chance with the other 20% falling into a grey area which cannot be predicted prior to the interview.

[Jollygoodfellow]

15 hours ago, ITGeek said:

My asawa and step-daughter have tourist visa appointment at USEM next week. Last year after we got married in September, I filed I-130 CR-1. Then month later I found out she was pregnant with our baby. 

Instead I decided to relocate to Philippines and we bought bahay in Cabanatuan last December 2015 in both our names (although lot is her name since foreigners can't own land).

I traveled there this last March to be with my family and for birth of our pogi baby boy, born June 2nd. I have CRBA/US Passport appointment at USEM for him on Sept 9th. 

However, their tourist visa appointment is next week at USEM. She has CRBA paperwork, title paperwork for 5m php bahay and maintained healthy balances in both individual and joint BDO and RCBC accounts for past year.

I'm temporary in US for this month for medical reasons, and wrote a signed statement of facts, explaining situation for DS-160 that I've relocated to Philippines and in process of obtaining 13a resident visa.  She has copy of my ACR-I card, but it's still listed as 'Tourist', since I haven't gotten 13a approved yet.  I've also emailed both USCIS and NVC to notify them I want to formally withdraw my I130 CR1 petition (following their online instructions).

She has no plans to immigrate to US now that I'm living in Philippines. The only reason for filing tourist visas is so that they come to US to meet my family.  My father is 84 yo and uncle is 76 (terminally ill with COPD).  We are hoping to travel to US next May so my family here can meet my new family.

I'm sure the CO will bring up question of CR-1 immigration application at interview. My asawa is just going to explain situation that was before we found out she was pregnant and I decided to live in Philippines.  She will also bring mail I received at my local Philippines address to help establish current residency.

Anyone is this group had similar situation and had visa denied? I think she has enough evidence to show compelling reasons for returning to Philippines.

Cheers!

Andy

When you copy and paste can you please paste as plain text as if you look at your first post you will see the HTML and coloring is out.  

[ITGeek]

Well my asawa and step-daughter were denied their tourist visa applications.  If only I had been there with them it would have been a different result.  My asawa is very quiet and shy, where I am assertive and a very good negotiator thanks to my career as an IT director.  The CO refused to even look at the supporting documentation she brought to interview as proof of "compelling reasons" as defined by section he denied her under.

I resubmitted DS-160's, they repaid $360 MRV fees and talked with very nice lady @ USEM appointment scheduling.  Hoping I can get their visa appointments scheduled on Sept 8th, our son's CRBA is Sept 9th.

Please excuse the CAPS, but this is copy/paste from the resubmitted DS-160 form, too tired to reformat.  Hope I did it right this time Jollygoodfellow 

Quote

CO - DENIED UNDER INA 214(B) WITHOUT CONSIDERATION OR REVIEW OF SUPPORTING DOCUMENTATION THAT I MEET THE REQUIREMENTS:
1. MY SPOUSE IS USC, NO LONGER RESIDES IN THE US AND RESIDES WITH ME IN PHILIPPINES.
2. I HAVE STRONG TIES TO RETURN TO PHILIPPINES.  FAMILY, PROPERTIES AND OTHER FINANCIAL ASSETS.
3. PURPOSE OF TRIP IS TO MEET MY SPOUSE'S FAMILY, ONE OF WHOM IS TERMINALLY ILL.
4. I HAVE NO INTENTION OF STAYING OR IMMIGRATING TO US.  MY USC SPOUSE FILED AND WITHDREW I130 CR1 IMMIGRANT APPLICATION.

This time when I'm with them at appointment and a CO pulls a stunt like that, I'll cite him that section and insist they show me how they don't meet the requirements.  I'm good at escalating issues too,  I already have contact info for supervisor(s) and will ask for them if needed.  FYI - I have ACR-I card, mail received at my Philippines residence, joint title/bank accounts and email docs from USEM/NVC on withdrawing I130 petition.  I believe that meets the above requirements for which they were denied.

Edited August 16, 2016 by ITGeek
grammar nazi...hehehe

[OnMyWay]

9 minutes ago, ITGeek said:

If only I had been there with them it would have been a different result.

Are you certain you are allowed to be there with them during the interview?

[ITGeek]

Just now, OnMyWay said:

Are you certain you are allowed to be there with them during the interview?

Yes, my asawa said some other applicants had foreigners with them at interviews.  However, I believe the CO isn't required to take any of my information into consideration.  Like I said earlier, I can be very persuasive and influential when needed.  Having me there is definitely an asset.

[chris49]

15 hours ago, ITGeek said:

Well my asawa and step-daughter were denied their tourist visa applications.  If only I had been there with them it would have been a different result.  My asawa is very quiet and shy, where I am assertive and a very good negotiator thanks to my career as an IT director.  The CO refused to even look at the supporting documentation she brought to interview as proof of "compelling reasons" as defined by section he denied her under.

I resubmitted DS-160's, they repaid $360 MRV fees and talked with very nice lady @ USEM appointment scheduling.  Hoping I can get their visa appointments scheduled on Sept 8th, our son's CRBA is Sept 9th.

Please excuse the CAPS, but this is copy/paste from the resubmitted DS-160 form, too tired to reformat.  Hope I did it right this time Jollygoodfellow 

This time when I'm with them at appointment and a CO pulls a stunt like that, I'll cite him that section and insist they show me how they don't meet the requirements.  I'm good at escalating issues too,  I already have contact info for supervisor(s) and will ask for them if needed.  FYI - I have ACR-I card, mail received at my Philippines residence, joint title/bank accounts and email docs from USEM/NVC on withdrawing I130 petition.  I believe that meets the above requirements for which they were denied.

Your compelling reasons for her to get the visa are not a factor. Those are compelling reasons for you personally, but not to a Consular Officer.  I doubt very much if an assertive attitude will help here, in fact it might go against you. Good supervisors or managers support their employees.

I said 80% earlier.

I now drop that to 50% the way the case is going now.

[Jollygoodfellow]

1 hour ago, ITGeek said:

Like I said earlier, I can be very persuasive and influential when needed.  Having me there is definitely an asset.

I'm thinking diplomatic is what you should be thinking well before any activeness is applied. They are holding your testicals so wise to remember that before pushing something that you have no control over.