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Mom's visa denied 4 times, what next?
We are from Ecuador.
My mom is 74 years old, widowed in 2 years ago.
We're four siblings, 1 living in UK, 2 in Ecuador and I live in USA under a work visa, I'm a professional in Engineering.
1st. application was in 2012, my whole family applied (even mi dad who was 83 at that time). The reason to apply was that my wife and I got married, we're both Ecuadorian-Canadian and lived in Canada at that time. My dad (83) had never taken a plane before and because of his age and health condition the doctor advised not to fly long distances, so we decided to get married in Florida which is closer to Ecuador and since my wife has many family there. According to my family, the officer could never accept that we, living in Canada, would go to FL to get married and pay for the travel expenses of all my family (6 people in total). The officer never even asked for any documents, just rejected the purpose of the trip and under 214b.
2nd application was in 2014 after my dad's passing. My mom was sad and we wanted her to come an spend christmas with my family. I had moved to Florida in 2013, was working, had my own house and we just wanted to spend christmas altogether. This time they applied using a travel agency and the family was split in two groups... 1 group was approved but my mom and a sister were denied. Again, nobody look at documents, just declined under 214b.
3rd application was in 2015, it was the birth of my daughter so we wanted to join the family. Again it was declined on 214b.
4rd application was may 2016. This time I prepared and signed an affidavit using form I-134 (affidavit of support). I used this following some advises and because this document says clearly in the text that I promise to 1) pay absolutely all expenses that may derive from their visit and 2) they will return after their trip. This document was sent with copies of the deed of my house, letters from my employer, bank letters, etc. I prepared one for my mom and one for my sister. Again they were rejected without looking at the documents - the officer stated that this form was for immigrant visa applications. I think that it is an affidavit hence it can be used for other purposes too, the important thing is the commitment that I'm doing by signing it.
On each occasion, I wrote emails after the interview to the consulate, asking respectfully for details about what can we do on the next application but they only respond doing reference to section 214b. But no details or case specific analysis.
So, at this point I'm really puzzled. What can we do next? It really seems to me that the officer reads the application, notes that it has been denied and just follow that path... has anything 'big' changed? no? then repeat the previous decision.
On each application my mother carried with her:
- Deeds of the two houses she owns in Ecuador
- Bank statements showing a normal income from her retirement (which is almost the same for all retirees in Ecuador) plus monthly amounts that I and one of my sisters send her each month. We send always the same amount each month so it is basically another income she has.
- Travel and medical insurance that I buy for her before each application.
- Invitation letter from myself
She has never had any criminal or legal problems, neither in Ecuador nor with USA.
So, what can we do then?
I have read in this forum that people under 60 are considered potential workers hence denied, but she is 74. So, it is clear that she won't come to try to get a job or even worst, to stay illegally. She doesn't need to work, she has no children to support.
214b mentions ties to the country. But what ties?
A job. people at 74 doesn't work anymore, specially if they have had an organized and well planned life, they are retired.
House leasing, car leasing, etc... people at 74 doesn't have those either. It's all paid in full already. At 74 and having had an organized life nobody has debts.
Family: again, at 74 family has moved on. Who has a mother or grandmother to take care of at 74? children are grown and have their own family. My mom has 2 grown up daughters, grand-daughters. Regardless of that she also takes care of 2 brothers of hers and has plenty of family of her side, but of course, she's not their support.
About my sister, she's single but she owns her business and the main reason she applies is because my mom can't travel alone. They are always together and they depend on each other for help.
Of course, none of these details were told to the officer because they never got to that point... they just reject her after looking at her application.
So, we've tried many things: different reasons to justify the trips, mental reasons (the passing of my dad was a shock for her), we tried using a travel agency, we tried using an affidavit of support.
We have spent a lot of money in applications, paying her vacations to other places so she can have a travel history.
What else can we do? The last response of the consulate (sic)"There’s no way for us to say what someone will need to qualify for a future application." seems to imply that getting a visa is solely a matter of 'chance'
Any ideas would be appreciated because we really ran out of them.
Thanks
e.
My mom is 74 years old, widowed in 2 years ago.
We're four siblings, 1 living in UK, 2 in Ecuador and I live in USA under a work visa, I'm a professional in Engineering.
1st. application was in 2012, my whole family applied (even mi dad who was 83 at that time). The reason to apply was that my wife and I got married, we're both Ecuadorian-Canadian and lived in Canada at that time. My dad (83) had never taken a plane before and because of his age and health condition the doctor advised not to fly long distances, so we decided to get married in Florida which is closer to Ecuador and since my wife has many family there. According to my family, the officer could never accept that we, living in Canada, would go to FL to get married and pay for the travel expenses of all my family (6 people in total). The officer never even asked for any documents, just rejected the purpose of the trip and under 214b.
2nd application was in 2014 after my dad's passing. My mom was sad and we wanted her to come an spend christmas with my family. I had moved to Florida in 2013, was working, had my own house and we just wanted to spend christmas altogether. This time they applied using a travel agency and the family was split in two groups... 1 group was approved but my mom and a sister were denied. Again, nobody look at documents, just declined under 214b.
3rd application was in 2015, it was the birth of my daughter so we wanted to join the family. Again it was declined on 214b.
4rd application was may 2016. This time I prepared and signed an affidavit using form I-134 (affidavit of support). I used this following some advises and because this document says clearly in the text that I promise to 1) pay absolutely all expenses that may derive from their visit and 2) they will return after their trip. This document was sent with copies of the deed of my house, letters from my employer, bank letters, etc. I prepared one for my mom and one for my sister. Again they were rejected without looking at the documents - the officer stated that this form was for immigrant visa applications. I think that it is an affidavit hence it can be used for other purposes too, the important thing is the commitment that I'm doing by signing it.
On each occasion, I wrote emails after the interview to the consulate, asking respectfully for details about what can we do on the next application but they only respond doing reference to section 214b. But no details or case specific analysis.
So, at this point I'm really puzzled. What can we do next? It really seems to me that the officer reads the application, notes that it has been denied and just follow that path... has anything 'big' changed? no? then repeat the previous decision.
On each application my mother carried with her:
- Deeds of the two houses she owns in Ecuador
- Bank statements showing a normal income from her retirement (which is almost the same for all retirees in Ecuador) plus monthly amounts that I and one of my sisters send her each month. We send always the same amount each month so it is basically another income she has.
- Travel and medical insurance that I buy for her before each application.
- Invitation letter from myself
She has never had any criminal or legal problems, neither in Ecuador nor with USA.
So, what can we do then?
I have read in this forum that people under 60 are considered potential workers hence denied, but she is 74. So, it is clear that she won't come to try to get a job or even worst, to stay illegally. She doesn't need to work, she has no children to support.
214b mentions ties to the country. But what ties?
A job. people at 74 doesn't work anymore, specially if they have had an organized and well planned life, they are retired.
House leasing, car leasing, etc... people at 74 doesn't have those either. It's all paid in full already. At 74 and having had an organized life nobody has debts.
Family: again, at 74 family has moved on. Who has a mother or grandmother to take care of at 74? children are grown and have their own family. My mom has 2 grown up daughters, grand-daughters. Regardless of that she also takes care of 2 brothers of hers and has plenty of family of her side, but of course, she's not their support.
About my sister, she's single but she owns her business and the main reason she applies is because my mom can't travel alone. They are always together and they depend on each other for help.
Of course, none of these details were told to the officer because they never got to that point... they just reject her after looking at her application.
So, we've tried many things: different reasons to justify the trips, mental reasons (the passing of my dad was a shock for her), we tried using a travel agency, we tried using an affidavit of support.
We have spent a lot of money in applications, paying her vacations to other places so she can have a travel history.
What else can we do? The last response of the consulate (sic)"There’s no way for us to say what someone will need to qualify for a future application." seems to imply that getting a visa is solely a matter of 'chance'
Any ideas would be appreciated because we really ran out of them.
Thanks
e.
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