MIL swiftly rejected for Visitor's visa

[Zadan]

Hi,

My mother-in-law (MIL) was just denied in Kiev in record time.  The officer read my invitation letter, asked her if she had a job (yes), how long her daughter has been in the U.S. (a year), if she has other children in Ukraine (yes) and didn't even look at all the documentation she brought with her.  She was handed a form back in Ukrainian detailing the reason, 214(b): http://travel.state.gov/visa/frvi/denials/denials_1361.html -- failure to show ties abroad. 

The form has some blanks for the officer to sign and date, but he didn't even bother doing that.  Is this ultimate laziness or what?  I can't see how any applicant could possibly overcome the burden of showing ties to their home country, if the officer doesn't even bother reviewing their material.  She had with her evidence of owning a home, ties to a teenage son, granpda who she has to take car of, and a letter from her employer detailing how long she can be away from work. All notarized and signed and stamped by fancy expensive translators. 

Further compounding problems, the number the Embassy provides to get information about non-immigrant visa denials (+38-044-4904422) doesn't even work. After pressing "5" for denial information, the phone system repeats some kind of error message and hangs up.  Lovely!

This morning I filled out some privacy act waivors to send to my state senators and congressmen, detailed the Visa problem, and faxed it to their offices.  I'd really appreciate it if anyone else had any ideas on how to proceed.

Thanks.

[William3rd]

No husband, eh? no minor children left? Any other children emigrating to the US on other petitions? Did you submit an affidavit of support?

Oh well. . . . not a positive outcome. Absent a change in circumstances, she is done.

[Zadan]

That's right, she's recently divorced, and has a son who is now 17. No other children emigrating.  I did submit an affidavit of support, though that wasn't looked at either.

I see that the embassy's website suggest you can re-apply if you believe there is some "new" evidence to support your case, but given that they didn't look at anything she already brought -- why would you want to apply again?  The website (http://kyiv.usembassy.gov/visa_nonimmigrantvisas_eng.html) states:

Consular officers determine from objective evidence of strong family, economic, and social ties to an applicant's home country that an applicant has no intention of abandoning his residence abroad.

Yeah, that's a lie. There is no way they can determine from objective evidence if they don't even bother to look. It was in fact totally subjective. I can't see at all how skipping paperwork satisfies their job duties.

[AnastassiaAsh]

In my opinion being married is one of the major pluses for them, because if she is married, she won't be able to legally marry some American and stay here, or it will be much more difficult. Of course no guarantees with that either, but this is how they look at it.

Sorry, Zadan, it didn't work out. You have to wait for your wife's citizenship and then bring her mom over here.

[William3rd]

FRESHLY DIVORCED?!?!?!?! All set to fly right over and marry your DAD. . . . or would it be the next door neighbor?

Leaving a husband or small children behind is positive. NEWLY SINGLE IS NOT. The tendency has been to marry relatives off so that they can stay, thus beating the system. After the NATZ, mom will get her own green card. Or you can send the neighbor over there to meet her. . . .

Sorry to hear that. . . .

[groovlstk]

Really sorry to hear that. It's a slap in the face to your wife during a difficult adjustment period. I know it was a big load off my wife's family's minds after her mom visited and saw for herself that her daughter was happy, safe, and comfortable. Good luck next go-round.

[roykirk]

Sorry to hear that, Zadan.  While I think William noted the most probable reason for the denial, I think our Consulate officers are often totally random and frequently lazy.  My girlfriend spent weeks preparing meticulous paperwork for her tourist visa, we bought her airline tickets to Moscow and got her a room in a decent hotel near the embassy.  She stood in line for two hours.  When she finally got in for her interview, it lasted about 5 minutes and the Consular officer didn't even glance at a single piece of evidence she brought.  But...she was approved, after being made to fill out a supplemental information sheet.  I think sometimes they just go by how the person looks,  or how they feel that morning.  I'm sure some of them, like the TSA goose steppers, get a thrill out of knowing they can screw with people's lives whenever they feel like it.

[kievstar]

One thing that helps is proof of money in a bank account  and ownerhsip of apartment in her name. 

[Zadan]

FRESHLY DIVORCED?!?!?!?! All set to fly right over and marry your DAD. . . . or would it be the next door neighbor?

Leaving a husband or small children behind is positive. NEWLY SINGLE IS NOT. The tendency has been to marry relatives off so that they can stay, thus beating the system. After the NATZ, mom will get her own green card. Or you can send the neighbor over there to meet her. . . .

Sorry to hear that. . . .

Yup, just in the last 6 months she got divorced, after 24 years of marriage. Real good timing. So of course my wife was really looking forward for her making a trip over the holidays, since she can't really visit Ukraine herself until next summer (she's now working on another degree here in the U.S.). 

Maybe the officer figured she was divorced, but I don't think he knew how recent it was.  In any case I'm still convinced the officer wasn't aware of all of the factors that could establish her ties to Ukraine. If I knew what I do now--that he would only read my invitation letter--I would have specifically delineated the material she brought with her.

Am hoping that some political inquiries, as well as my own, will draw some attention to her case--then we might try again.  Certainly after my wife is naturalized she could apply for her mom to get permanent residency, but her mom doesn't speak any English and really does just want to visit.

Anyone ever know of something like this happening, and being accepted on the second try?  The odds look less favorable now I know.

[kievstar]

You may want someone to review the letter you wrote and documents before trying again.

[Chicagoguy]

I once wrote to my congressman with the simple request that an old friend from Russia, who had been here 3 times before, not have to wait so long for an interview. He was short on time.

The consulate repied in less that 24 hours. In summary they said: Go to hell junior congressman. He waits his turn.

My immigration lawyer say all these interviews are different and anything can happen. We have zero control over this.

I had one girlfriend apply for a business visa. She had been to U.S. before plus Paris. Good, solid invitations. Plus her own car, her own flat in Moscow, a dependent son and a beautiful $$ 3 story brick dacha. Nyet  Was it because she was divorced ? They don't say. What is worse, according to her, is that they stamped her passport? or one of her documents so it shows up that you have been refused.

[William3rd]

on the last page of the passport, they frequently put an application received stamp. If no visa follows, then it is assumed that there was a rejection.

[START2]

Zadan,
  Sorry to hear you are having problems as well. Believe me, you are not in the minority. We are trying for the fourth time at the end of the month to get my MIL here for a Christmas visit. There is no rhyme or reason to what written criteria the interviewers use as a standard. Each time we attempted we supplied new information for consideration. In our opinion we had met all the criteria that the gov. site listed plus much more. Each time a denial. We had heard several different personal reasons/opinions from others that had tried and were denied such as lack of previous travel outside Ukr. with a prompt return, age discrimination, or because the MIL FIL is widowed or divorced, even the consulate is just trying to rip you off for more money, etc. Who knows? I have to agree that each time there is a denial for what seems to be "NO GOOD REASON" you begin to wonder. The interviewer never gives the reason, just a print out of that paper you get from the site.
   I guess we fall into the catagory of persevering idiots. We'll keep trying till something happens in our favor. Yeah, it keeps getting more expensive, $130 a pop now plus that $12 to get a number. There are 5 interviewers and apparently we'll have to use em all and start over till they get tired of saying no. All we have been asking for each time is a few weeks visit during the holidays. Sounds simple enough but hey, it's the gov.

[UTRO]

This is reality Guys
I'd love to simply have my Fiancee Sveta visit. She's fluent in English, has a Masters Degree in Foreign Languages, has a very good above average paying job and owns her own flat outright.... Canadian Immigration says that this is good enough for a Visa.... but it really isn't. She's 29 and has a Canadian Fiance........... X "next!!" Her Mum? Nyet!

[I/O]

failure to show ties abroad.

Am I not understanding terminology? Isn't this something very different from showing ties to home? Or was this a typo?

I/O

[Zadan]

Am I not understanding terminology? Isn't this something very different from showing ties to home? Or was this a typo?

I/O

Just sounds awkward, but it does typically mean showing ties to your home country.