Ukrainian Spouse of a US Citizen denied Tourist Visa at US Counsilate

7 posts in this topic

Just wanted to share my story, in case there are similar people in our shoe.

 

I am a US Citizen.

My wife, a Ukrainian Citizen that moved here to Germany, 6 months ago, has her Aufhentaltstitel, and is just learning German at this point. Just got denied tourist Visa to USA for Xmas visit.

 

The reason: Not enough evidence proving she is committed to stay in Germany.

 

Consulate folks told me:

  • Non Immigrant Visa applicants are presumed to apply with the intention to Immigrate, and the burden of proof is on the applicant to prove otherwise. They didn't give the full list of qualifications (secret)
    • 3-5 years stay in Germany
    • Being employed for a while.
  • Consulate employees both agreed and suggested that it would be actually easier to apply for Immigrant Visa, and get it.
  • In fact, the Consulate employee has a wife with similar background, and since he knew the intricacies of the Visa Laws, applied to Immigrant Visa (Green Card) in USA.

 

Long story short: This is crazy. 

 

US is becoming less and less welcoming everyday.

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It is true that everyone is presumed to have the intent to immigrate, unless that is overcome by documentary evidence. I'm sorry your wife couldn't get a visa.

 

But, if you're planning to move, even if it's in two years' time, you could give it a try. It'd be valid for 6 months once issued, and once she travels to the US to activate it, would serve as proof of permanent residence for a year (plus she'd get the green card in the mail). She could then apply for a permit to re-enter, which would allow her to stay out of the US for two years, but also travel to and from the US.

 

Not ideal, and expensive, but maybe the only way? I don't know if she'd get it in a month, but maybe?

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That's the bizarre point... We really have no intent to immigrate; but to visit.

 

I would have thought having gone through the not-less-grueling German immigration process once, was sufficient proof, that we didn't intend to immigrate to USA.

 

To visit friends and family in USA, now I have to go through the hassle of immigration. 

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Is the German immigration system grueling? I wouldn't say so. It's much easier, no? Compared to the US system? Maybe you first have to experience the US system :) You'll then thank the Germans. But, maybe immigrating for Ukrainians is hard everywhere?

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We complain a lot, but the German immigration system is at the end pretty easy and fair. Specially in terms of family support. i.e. all your dependents get the same status as you, all the non-EU dependents of a EU citizen gets permits to stay, underage German kids means permit and access to job market and welfare to non-EU parents, and so on.

In my opinion the OP's wife should get a permit to visit the husbands' country no questions asked and it is pretty sad that an immigrant country like USA does this kind of things nowadays.

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I modify my comment, yes you are correct:

 

The Immigration system of USA was painstakingly slow, and expensive.

Its been forever; and lawyers hired by my then-company did the dirty work for me.

 

I think you are right, at least here in Germany we did self-manage. I really doubt I could have managed the INS process on my own.

 

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That really sucks, sorry to hear.  I would say that it is shocking, but given other stories I've heard, it is not.

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