Tourist visa denied!

[Gary and Alla 3,694]

Reality Check. Your NOA2 will Arrive Soon

The denials will have nothing to do with the petition approval. Consulates do not have to provide a reason why they deny tourist visas. You will not find links to things that do not exist, silly to request it. As Pushbrk suggests, find a link to something that requires it.

The denials COULD have an effect on the issuance of a visa. Petitions are not visas. Repeated visa applications denied, followed by a K-1 application will need to be offset by string evidence of relationship.

The petition will not be affected

The OP will do well to thoroughly document their relationship

Edited February 2, 2012 by Gary and Alla

[JimVaPhuong 4,863]

WHERES THE BEEF ?

http://www.***removed***/immigrant-visa/immigrant-visa-refusal.html

Linking to that particular site isn't allowed on VJ, so it was auto-censored.

Ok, 9 FAM 41.21 does generally require that a consular officer provide written notice to a visa applicant explaining why their visa was denied, in accordance with INA 212(b)(1). However, INA 212(b)(2) and INA 212(b)(3) provide a huge caveat here. INA 212(b)(2) says that the Secretary of State (meaning, by inference, the Department of State and it's employees) can waive this requirement for any individual alien, any single class of alien, or multiple classes of aliens, entirely at their discretion. INA 212(b)(3) says that the written notice requirement does not apply to someone who is denied under INA 212(a)(2) and INA 212(a)(3), which covers most of the criminal and security grounds.

The real catch-all here is INA 212(b)(2), which basically allows a consular officer the discretion to decide whether to produce a written explanation of the denial for any individual alien.

[realizment 18]

They are Required to give an explaination for Denial. REQUIRED !!!! Not No not again. REQUIRED ! You need to know this answer while waiting for your NAO2. Ask Him again.

Well last year i was refused 3 times a student visa after returning from the states on a j1 visa. They take a generic piece of paper off the wall the 214b and they have 3 boxes on it. Each denial the CO ticked a different box. One said i didnt have enough ties. Which i do have heavy documentation for. The other said i didnt qualify for the visa which i believe i did. and the other box said i couldnt prove i was going for temp business or pleasure, i wasnt i was going to study. Yes i had a fiance there but they didnt know that. But i really was going back to school.

[pushbrk 12,174]

Well last year i was refused 3 times a student visa after returning from the states on a j1 visa. They take a generic piece of paper off the wall the 214b and they have 3 boxes on it. Each denial the CO ticked a different box. One said i didnt have enough ties. Which i do have heavy documentation for. The other said i didnt qualify for the visa which i believe i did. and the other box said i couldnt prove i was going for temp business or pleasure, i wasnt i was going to study. Yes i had a fiance there but they didnt know that. But i really was going back to school.

Yes, visa denials are generally accompanied by such a sheet but it is not a requirement and certainly not a requirement that the applicant agree with the decision of the Consular Officer making a judgment call.

[Tim/Mav 305]

Linking to that particular site isn't allowed on VJ, so it was auto-censored.

Ok, 9 FAM 41.21 does generally require that a consular officer provide written notice to a visa applicant explaining why their visa was denied, in accordance with INA 212(b)(1). However, INA 212(b)(2) and INA 212(b)(3) provide a huge caveat here. INA 212(b)(2) says that the Secretary of State (meaning, by inference, the Department of State and it's employees) can waive this requirement for any individual alien, any single class of alien, or multiple classes of aliens, entirely at their discretion. INA 212(b)(3) says that the written notice requirement does not apply to someone who is denied under INA 212(a)(2) and INA 212(a)(3), which covers most of the criminal and security grounds.

The real catch-all here is INA 212(b)(2), which basically allows a consular officer the discretion to decide whether to produce a written explanation of the denial for any individual alien.

With that said; I have seen several posts by which the OP tries to AVOID telling everything in hopes to get an Answer they want to hear. How many of you Senior Members have got Personal Messages and were Asked about the REAL TRUTH to their question: Maybe the Walsh Act, ETC. But they go on the Forum NOT TELLING THE FULL STORY and we try to Help based ONLY Upon what they tell us. NEWBEES are Good for this. I seen it happen and when I see them post the same repeated question and I know the truth it makes me sick they do that. I won't say anything because what they said in a Personal Message is not to be repeated.

There is a Reason for Everything. The World is not Against you.

[Operator 1,925]

We're applying for K1 visa... I submitted all the paperwork and we're waiting for our NOA2... But my fiance has applied for a tourist visa to come visit me 5 times in the past 6 months and it got denied every single time... Will this be an issue for our K1 application?

Hi OP,

I have a question that begs to be asked. Does your fiance do anything different with each subsequent application?

Honestly I can see re-applying after the first denial based on something that was overlooked or not provided, perhaps additional information proving strong ties. Ok I can even see maybe a 3rd application, but 4 and 5?

Aren't tourist visa applications like $150?

Sorry I know that provides no answer to your question but I am curious as to the logic.

[realizment 18]

Yes, visa denials are generally accompanied by such a sheet but it is not a requirement and certainly not a requirement that the applicant agree with the decision of the Consular Officer making a judgment call.

yes i totally agree, i was just saying to tim/mav they do not have to give reason and if they do it may not be one that make any sense. Like i said for each of my 3 denials a different box was ticked. Also the first time i was denied i didnt even get denied at the interview i was told i would be getting the visa within a week. then my passport came back with the 214b which was strange to me. My only reason i cant think of is that i had spent a lot of time in the states already on other visas. but they never actually said that?

Also may i ask what is the walsh act?

[Tim/Mav 305]

yes i totally agree, i was just saying to tim/mav they do not have to give reason and if they do it may not be one that make any sense. Like i said for each of my 3 denials a different box was ticked. Also the first time i was denied i didnt even get denied at the interview i was told i would be getting the visa within a week. then my passport came back with the 214b which was strange to me. My only reason i cant think of is that i had spent a lot of time in the states already on other visas. but they never actually said that?

Also may i ask what is the walsh act?

LETS GET BACK TO THE POINT >>>>> POINT IS: IF YOU CAN'T GET A TOURIST VISA 5 or 6 TIMES HOW DO YOU EXSPECT TO GET A K-1 PETITION APPROVED. THERE IS A REASON ! We Don't know, but USCIS Does.

[realizment 18]

LETS GET BACK TO THE POINT >>>>> POINT IS: IF YOU CAN'T GET A TOURIST VISA 5 or 6 TIMES HOW DO YOU EXSPECT TO GET A K-1 PETITION APPROVED. THERE IS A REASON ! We Don't know, but USCIS Does.

Well the majority of tourist visas are denied based on the CO believing the "tourist" will not return to his/her own country. With a K1 thats not a requirement is it?

[Tim/Mav 305]

Well the majority of tourist visas are denied based on the CO believing the "tourist" will not return to his/her own country. With a K1 thats not a requirement is it?

With a K-1. Your almost already married. No running back home, unless he/she changes their mind.

Now, I was watching a Cartoon and eating Cheerios. Like Cartoons or the CBS News.

http://youtu.be/jXEMTzd2NrI

Edited February 2, 2012 by Tim/Mav

[Operator 1,925]

Also may i ask what is the walsh act?

The Adam Walsh Child Protection Safety Act.

It deals with registration and reporting of sex offenders among other things.

[realizment 18]

With a K-1. Your almost already married. No running back home, unless he/she changes their mind.

Now, I was watching a Cartoon and eating Cheerios. Like Cartoons or the CBS News.

http://youtu.be/jXEMTzd2NrI

lol.. well exactly my point, so you cant say those refused tourist visa will not get K1.

The Adam Walsh Child Protection Safety Act.

It deals with registration and reporting of sex offenders among other things.

Thank you.

[san diego 407]

Just a short answer: no problem. As long as your fiancee did not lie on any of the 5 B1/B2 applications or interviews it will not affect your K1 at any stage.

[bella&ivan 4]

Well the majority of tourist visas are denied based on the CO believing the "tourist" will not return to his/her own country. With a K1 thats not a requirement is it?

Exactly.

[Tim/Mav 305]

Just a short answer: no problem. As long as your fiancee did not lie on any of the 5 B1/B2 applications or interviews it will not affect your K1 at any stage.

All Tourist Visas were denied. Is there a reason? Yes Somewhere there is. But tell the OP Not to Worry about the K-1 Petition when it goes through the same Department that has a record that everything is OK. Well, thats Obsurd.

There is One good thing. The Petitioner will be given (Maybe) a RFE and have in writing a reason and allowed to give a reply.

No Problem.. READ! This Case already has problems. There is more to this story and Not Devulged.