US Tourist Visa for Asawa/step-daughter

[scott h]

48 minutes ago, Jollygoodfellow said:

I'm thinking diplomatic is what you should be thinking

IT---JGF is exactly right. One thing about us low to mid level government employees, we might not make a lot of money, we don't have a lot of authority, but in our little fiefdom we are the kings. We know every apostrophe, comma and semi-colon of the regulations governing our little world. And we can really mess up your world if we have the inclination.

 

[Jack Peterson]

1 hour ago, scott h said:

we can really mess up your world if we have the inclination.

 Hmmmmmm and they(You. do)  And you may find out at your cost, sad to say but you just can't beat the System, However hard you try  Yes! that hurts but........... 

Edited August 16, 2016 by Jack Peterson

[ITGeek]

I think my remarks my have been taken the wrong way.  I was writing from a third person's perspective.  When I said I can be persuasive and influential, I know how to use the right words and actions depending on the situation to get what I want.  

Case in point. Last week I accompanied my uncle (one who is terminally ill and stubborn as hell) to the California DMV.  We all know how DMV's can be one of the worst bureaucratic agencies.  My uncle is on O2 tank, pulls number '76', sits down and waits 15 mins.  In those 15 mins the board number went from '47' to '51'.  So I walk up to a counter, in a sweet voice to a motherly looking worker and explain my uncle is on O2 and his O2 tank is running low.  Is there anyway you could help?  Guess what, she personally came out and we assisted him to the counter and she personally took care of him right then.

I do stand corrected though, the USEM website states that USC aren't allowed to accompany applicants to interview area.  My asawa is shy and quiet type and I told her ahead of time to ask for interview in tagalog.  That way she could at least have a better chance at giving clearer and precise answers to the questions, instead of "getting bloody nose" speaking english.  That same section states applicant has right to request the interview be done in native language. 

So from the CO's perspective, he may have been confused by her answers in english and not convinced.  When I spoke to the USEM on phone earlier, I got a lot of help from them once I explained the situation.  They are going to help reschedule interview appointment adjacent to my CRBA appointment.

My point was that the CO didn't follow proper procedure in that he deny visa without allowing applicant to present any evidence for "compelling reasons" to return to Philippines.  My asawa's fault for not asking for interview in tagalog.

Today, I'm contacting the NVC to make sure the status on the I130 petition shows "withdrawn" so there is no ambiguity about risk of immigrating or TNT.

Hope that betters the odds from 50% to at least 90% 

 

[chris49]

Yeah you have a chance with a new Consular Officer.

My first child they asked so many questions and were looking at birth records, ultrasounds and pictures. For the 2nd child we had everything ready, when we went into the interview room. The guy barely looked up, signed the papers and told us to go and pay the passport fee. I asked him why no questions. He said "he looks like you, so that's enough".

I'm not going 90%. 70% because of the first refusal and the unpredictability of the situation. You might draw the same officer 2nd time around.

[robert k]

I can't help but suspect that the cancelled immigrant visa was working against you.

The arbitrary refusal probably happens several hundred time a day on the basis that if it's really important to you you will reapply. I have zero doubt that their superiors will back them up. Giving real consideration to each case would be a lot like honest work, something many people collecting a check from the taxpayer avoid at all costs. They like when you complain, it proves they are doing their job.

If you sued them and took it all the way to the supreme court that particular government employee would get a promotion, transfer and a raise if you win, if you lost probably nothing would happen so the employee is probably rooting for you.

 

[ITGeek]

21 minutes ago, robert k said:

I can't help but suspect that the cancelled immigrant visa was working against you.

The arbitrary refusal probably happens several hundred time a day on the basis that if it's really important to you you will reapply. I have zero doubt that their superiors will back them up. Giving real consideration to each case would be a lot like honest work, something many people collecting a check from the taxpayer avoid at all costs. They like when you complain, it proves they are doing their job.

If you sued them and took it all the way to the supreme court that particular government employee would get a promotion, transfer and a raise if you win, if you lost probably nothing would happen so the employee is probably rooting for you.

 

If anything I thought it would work for her, because under INA 214(b) it would be considered risk for applicant has spouse/relatives residing in the US.  In this case, withdrawing immigration visa and me immigrating to Philippines establishing residency eliminates that risk.

I told her next time during interview stages tell them, "her english not so good, and insist she needs someone who speaks fluent tagalog".  Then when interviewer/interpreter comes, first thing is to tell them, "last time I try in english, but get bloody nose".  They should understand the humor and hopefully put them in good mood at start of interview.  Plus my asawa being the shy, quiet and nervous type will be more comfortable.  Something I'm sure the CO noticed during her failed interview.

Having worked in private sector my whole life I'm used to having to meet deadlines and exceed goals.  When I worked as private contractor for one of those "alphabet agencies", I witnessed first hand how most government employees (some in my family included) didn't seem as motivated to excel at their job.  They have two speeds, slow and slower , not to mention they get so many holidays and vacation time.

Maybe I should just have put on the DS-160 form she's a Muslim refugee from Syria and she'd get a free all expenses paid trip to US with free housing, health care and food.  The hypocrisy is so infuriating, especially for those following the rules.

[davewe]

On 8/11/2016 at 6:13 PM, ITGeek said:

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. 

BTW, as a completely irrelevant and personal aside, Intel absolutely did that 12,000 "layoff" to get rid of older, allegedly higher paid workers. At 63 I believe I am literally the oldest person left in my division who was not offered the package, damn it!

I'm envious on several levels ITGeek! Good luck with the Visa interviews and congrats on getting out and moving to PI! I'll be there next year and we can share war stories.

BTW, your "take charge" attitude does certainly say Intel all over it. But I would agree with others to be careful because ultimately they run the show. If you haven't been there already, VisaJourney is the best online resource and forum for all things Visa and you might get some great answers and help there.

Edited August 16, 2016 by davewe