visitor visa refused twice at mumbai

[mumbairesident]

I am an unfortunate parent who got our visa refused twice at mumbai consulate under 214 B. Myself and my husband are retired Bank officers drawing pension in India. We both are less than 60 years of age. and we have both our children in US....one a GC holder and the other on H1B. We have other properties and investments in India. But we were rudely told that since both our children are in US and that we are retired, as per US laws, we dont qualify for a visa. However we were asked to reapply as many times as we want.
I wonder, what the US laws wish.....does it mean that parents like us can never visit US to meet our children? What the hell, we old retired parents going to do in another country, where we have neither interests nor bonds? While we are very very happy here as free Indians, why the hell should we immigrate to an alien country? Please clarify if there is such US laws that the parents whose all children reside in US are forbidden from getting a visitor visa?
>: Please help.
I know of cases where a person's only son, the person's brothers and sisters are all in the US with families. That person could get a multiple entry visa. What is then the correct yardstick? If you say the granting visa is totally the whim or wish of the consular officer, then how are we to respect US laws? Please clarify. I am upset and agitated too. :eek mumbairesident

[adusumillip]

Re: visitor visa

mumbairesident,

I am very sorry to hear your story. I don't think there is such a law that says if all your children are residing in US that you are not eligible for a visa, but I guess since you are retired and have all your close family members in US that the consular officer thought that you might decide to stay back in US forever.

I am trying to sponsor my parents and am scared of the same thing. My parents visited me 4 yrs back(my only brother was unmarried and in India then) but what is new now is that my brother is married and living in US too. He is on H1B and I am a GC holder.

All this makes me think twice about my parents mentioning that they have a son residing in US on the DS-156 form i.e if I sponsor them.....sometimes I wonder if we will be better of if my brother sponsors them as he is on H1B which is expiring in a year and he has not applied for GC yet.

Friends, your views and experiences on this matter will greatly be appreciated.

Thanks!

[mumbairesident]

Re: visitor visa rejection twice at mumbai

thanks for the reply.

Can one try to apply again at a different consulate, other than the one where the visa was refused once?

As given in the first reply to my query, even if we dont mention about the other child living in US in the application form[ie DS 156], we cannot tell a lie if the question about the children is asked during interview. The question about the no. of children and their whereabouts are certainly asked during the interview. We want to be honest and truthful in our answers to the questions, and dont wish to get the visa by concealing facts. Hope Honesty would pay if not today, atleast tomorrow!!!:\

In our case, in both the occasions, we were not given an opportunity to explain our ties in India at all. We both were very polite and courteous to the officer, but the officer was quite rude.:\
More suggestions are welcome
mumbairesident

[sweetadd]

Re: visitor visa rejection twice at mumbai

I can understand the plight of a parent. My parents are also preparing for the visa interview.And they are all tensed about it.

Anyways, I know a family similar to yours. 2 sons, both here. married and infact both have their GC in process.

When their parent attended interview, they were faced with similar problems. However visa officer they came across was very polite.

The visa officer told them that he can give visa to either one of them.And my friends Mom got the visa. The note was made on her passport that she cannot travel with her spouse during the first visit(I have not seen the note myself, this is what my friend told me).

She got 6 month visa. She was here for 6 months. And now t

I guess the best bet or the best tie for you or your husband will that one of you stay back. In this way the visa officer will be convinced about you or your husband going back to India.

I know this might sound a little to long, but thats how you can convince them. However this is just a suggestion.

Best,

[mumbairesident]

Re: visitor visa rejection twice at mumbai

thanks for the reply.

yes, thats what we think of doing next. either one of us applying. However, I have my own apprehensions since there wont be any significant changes in our staus. But we do have strong ties in India......like house property [two]
bank deposits, govt. bonds and pension etc.
and other family ties like old father, all other family members.
but the sad part is the consular officer never gave us an opportunity to say anything.

more suggestions are welcome
thankx
mumbairesident

[sweetadd]

Procedure in Mumbai consulate?

Hello Mumbairesident:

Do you know anything about Yellow Envelope provided to applicants before the interview in the consulate.

What should applicant put in the envelope? Just the passport or the papers too?

Thanks,

Sweet

[immihelp]

Re: Procedure in Mumbai consulate?

Don't worry too much about yellow envelope. They can handle the situation when it happens. There are people available to help in various languages such as Hindi, Gujarati, Marathi and several others.

Once they go through it, please post the experience here for the benefit of others.

[mumbairesident]

Re: Procedure in Mumbai consulate?

hello sweetadd:
dont worry about the procedures of yellow envelope etc.
You willbe guided by the people at the consulate.
It is not anything big or difficult.
Only our stars should be good and Lady Luck should smile on us.
best of luck

[sweetadd]

thanks

Thanks Immihelp:

I will definately mention the complete experience as soon as I I hear from my parents.

Thanks for your help.

[mat30]

visiting visa rejection

Hi i would like to know what were the questions asked by the officer at the time of interview.did the visa officer asked you like do you have children living in india, where are they ,kind of questions or he just rejected without asking any questions, could you pl share your experiences with me, thank you

[mumbairesident]

Re: visiting visa rejection

hi all:
yes the first question normally is
why do you want to go to US?
and next, how many children do you have?
where are they?
in our case, in the first interview, we said two children; both in US
the officer then asked my husband his age, how long does he intend to stay in US......he said 6 months......a few months with son and a few months with daughter
thats all.....the officer said 'sorry sir you have bot your children in US, and you are retired in India'....and gave back thepassport and the refusal letter

during the second interview, the officer asked first, after the formal greetings, 'have you travelled outside india?'
we said, "no"
the officer said,' so this will be your first trip outside india'
yes
how many children do you have
two
where are they
both in US
immediately the officer said, 'that is the problemin your case.
US laws are strict and we cannot grant you a visa'
I tried to plead with the officer that all my other family ties are in India and that I am a pensioner drawing govt. pension
but all those fell in deaf ears and the officer became a little rude and said 'listen madam, you dont qualify for a visa. your time is over'
so they never gave us an opportunity to explain our ties in India.
it seems to be a pure luck affair......getting a US visa:rolleyes

[ssp73]

Re: visiting visa rejection

Hello when you applied for the visa again, what did you mention in item no 9 for the I-134, since your son had already send you a affidavit earlier. Can we say none since the visa was rejected earlier. Please let me know

[mumbairesident]

Re: visiting visa rejection

hi ssp73:
I-134 is the doc sent by my son.
we used the same set of docs sent by my son, for the second application too; we got clarification from the consulate that a document is valid for 6 months and that we can use the same docs.
Moreover, I dont know the details of the various columns of I-134 since it was sent by my son.
wish you good luck

[on9thheaven]

when did you apply for the visa ?

dear mumbairesident,

could you pls tell me when did you first apply for your visitor visa and when was the second time ?

my in-laws applied for their visa's last year around iraq war time but their visas were rejected. my FIL is retired and my MIL is a house wife. my husband has a sister who is married. so besides family and property there is no other tie.

the first rejection was under 221(g) - insufficient documentation and 2nd time 214 (b).

the first time they said that my husband's H1 is expiring in sept. 2003 and in-laws applied in apr 2003. but i've heard of cases where that doesn't really matter.

the second time, the didn't even listen to what my in-laws had to say or any of the papers !!! the officer offered the visa to either FIL or MIL. they were so flustered that they said they want to go together or not go at all !!!

you are right when you say that its just a matter of luck and whim of the officer.

i can totally understand how you feel too - angry and agitated.

if you could pls tell me when you applied, it would be really helpful. also if you could tell me the new rule that you can apply as many times as you want is true ?

await your reply...

thanks and best regards

[mumbairesident]

Re: when did you apply for the visa ?

Hi on 9thheaven:
we applied first time in Nov 2003; then again in feb.2004.

Yes, since oct 2003, you can reapply as many no. times as you want. [which means $100 every time!! per applicant!]
They do make quite a money :-)

One child in India [whether married or not] should be more than enough a family tie for your inlaws. But again, after all, the fate of our Visa is in the conulsate officer's hands. So cant say.

wish you best of luck