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B-2 visa denial of mother of US citizen

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  • B-2 visa denial of mother of US citizen

    My daughter was born in a west african country last August; I have visited her there several times, and now I was going to have her mother bring her to the US for 1-2 months this summer. This may be the only way I can see her for the rest of the year, because of my work situation.

    Though my daughter is a citizen of both her country of residence and the U.S., the mother is a citizen only of that country. The mother and I are on good terms but do not intend to marry. Meanwhile, my 8-month-old daughter is breastfeeding and completely dependent on her mother. This means that, for my daughter to visit me, the mother must apply for a US visitor's visa to accompany her.

    So we gathered every bit of supporting evidence we could think of (e.g. her title of land ownership in that country, evidence that all of her family live there or in France, papers showing that she is applying to study in France, an affidavit of support from me with all the accompanying documentation, etc.). But her visa was immediately denied. This is the second visa denial - the first denial was when we wanted her to come to the US to have the baby last year.

    It seems cruel on the part of the consulate. It's breaking my heart that I can't see my daughter, and they seem to have sufficient evidence that the mother is not going to become a public charge in the U.S.

    But aside from that, in effect, they're preventing a US citizen from visiting her father.

    I understand there is no way to appeal a visa denial, without a change in the applicant's situation. But does anyone have any idea what kind of recourse I might have, perhaps on the basis that one US citizen requires the presence of this non-citizen (her mother) for her travel?

  • #2
    My daughter was born in a west african country last August; I have visited her there several times, and now I was going to have her mother bring her to the US for 1-2 months this summer. This may be the only way I can see her for the rest of the year, because of my work situation.

    Though my daughter is a citizen of both her country of residence and the U.S., the mother is a citizen only of that country. The mother and I are on good terms but do not intend to marry. Meanwhile, my 8-month-old daughter is breastfeeding and completely dependent on her mother. This means that, for my daughter to visit me, the mother must apply for a US visitor's visa to accompany her.

    So we gathered every bit of supporting evidence we could think of (e.g. her title of land ownership in that country, evidence that all of her family live there or in France, papers showing that she is applying to study in France, an affidavit of support from me with all the accompanying documentation, etc.). But her visa was immediately denied. This is the second visa denial - the first denial was when we wanted her to come to the US to have the baby last year.

    It seems cruel on the part of the consulate. It's breaking my heart that I can't see my daughter, and they seem to have sufficient evidence that the mother is not going to become a public charge in the U.S.

    But aside from that, in effect, they're preventing a US citizen from visiting her father.

    I understand there is no way to appeal a visa denial, without a change in the applicant's situation. But does anyone have any idea what kind of recourse I might have, perhaps on the basis that one US citizen requires the presence of this non-citizen (her mother) for her travel?

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    • #3
      Just because the mother of this child has had a baby with you does not give her any special status. The embassy still has to believe that there are stronger reasons for her to return to (France?) than to remain in the US, with you, possibly contemplating marriage. And the embassy was correct in denying her visa last year "just to come over and have the baby"...that is not the purpose of a tourist visa. While the child is free to travel to the US, the mother is not until she qualifies for a tourist visa. Going to school studying French or something, especially if she has just recently started those "studies" to make it look like she has some reason to return won't be good enough. Calling the consuls bad names won't change their decision either. They make decisions based on the laws - and the law requires that every applicant for the tourist visa overcome the presumption of intending immigration, based on their own circumstances and not by promises or "guarantees" made by others on the applicant's behalf. Besides, airplanes fly in both directions - why don't you go and visit your child if this really means so much to you??????

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