Help! Tourist Visa Cancelled

[Harsh_77 716]

Yep.

But she would probably have been asked who she was visiting.

Yep that could be true I agree with you 100% as one of the canned question is “Purpose of visit”

Also as I mentioned in me earlier post logically it would be impossible to believe from no contact ex-bf to wedding just over one visit.

At same time I don’t agree Laure & Colin’s post and material misrepresentation, unless there is some more to the story which OP is not disclosed.

[aaydrian 479]

Also as I mentioned in me earlier post logically it would be impossible to believe from no contact ex-bf to wedding just over one visit.

I wondered the same thing (I'm sure immigration as well ), the OP moved from not knowing anyone (on application/at interview) to having over a 2 week span reconnected and married to an ex that she has known for 10 years and spending 3 months in the US.

Question: didn't the OP have work/school to return to so how come the extension in stay?

[Gosia & Tito 199]

Hi Kzielu

Thanks for your response - I was given a paper and it says something about 214(b). The officer mentioned about ineligibility but he said he will let me know. but when I asked him if I can re-appy, and he said, yes.

All i got is a cancelled stamp on my visa and a letter about that 214. how else will i know what is the documentation for the cancellation of my visa?

Does the cancelled stamp says 'Cancelled without prejudice' or just 'Cancelled', or something else?

THat answer will help other replies to your post here.

Additionally, as I presume you want to reunite with husband in the US, this is one of those cases you might want to get a good immigration attorney to sort out what has happened. I do understand that "knowing" someone does not mean the same for you (and myself as well) than what the form meant, but it is done and cannot be un-done. We can go on and on in that you could've gone on the safe side, etc; but that is not going to solve anything.

As before, if reuniting with husband in the US is the objective, he needs to get a good immigration attorney. Note that this does not mean the problem will go away or be solved, it only means he/you need to understand what is what you are facing and then make an informed decision about what to do next and what steps to take towards that decision.

The only thing you have going on your favor here -sort of- is that you actually left the US (as oppose to staying/overstaying) and that might help explain and justify the answer you had given before about knowing someone.

I wouldn't apply for another tourist visa, I'm afraid it will be denied and even taken against you afterwards.

Good luck

[Gosia & Tito 199]

I was admitted by the officer and to my surprise, there he was, my bf, waiting for me outside. So then I decided to stay with him at his apartment and while we were traveling, he popped the question. Course I said Yes.

PLaying devil's advocate here:

If you had broken up, how did he know your flight and arrival date/time?

A CO would logically think that you had contacted him. Of course, it is all possible that you have common friends and someone might have tipped him, but these are the kinds of things you would be asked in case you get an opportunity for a review of the decision or later if your now husband files a petition on your behalf.

[Noah Lot 387]

Going from ex BF, no contact for ages to miraculously reuniting at baggage claim to waltzing down the aisle suggests other factors were in play, hence the cancelled visa. No attorney can do anything about persuading the VOs to change their mind, which is..."lie to me once, shame on you, lie to me twice, shame on me...'...and they won't be willing to give you a second chance to escape.

moreover, no one in the PI gets a 3 month paid vacation, so there is yet another issue to resolve...

[Sandra G. 5,016]

If you are refused a visa under section 214(b), it means

INA 214(b)

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..."

They considered that you did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for or did not overcome the presumption of immigrant intent demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay.A person whose US visa application was denied under INA 214(b) can apply again for a US visa. It is true that being refused under INA 214(b) will generally make it harder for you to get a US visa in the future, but not impossible.INA 214(b) is not a permanent bar.

You are lucky he did not stamp INA § 212(a)(6)©(i) Fraud or Misrepresentation.

Edited April 4, 2012 by sandranj

[Olomi_811 130]

When you extended your stay from 2 weeks to 3 months that was a major flag that you provided misinformation. Did your ex bf telepathically sense that you were coming to the states and the day/ time to be at the airport. And of all places to "visit", you just happened to pick a city near him. Stop it!

[Fight for Love 98]

WOW I hope they won't ban you completely for NOT telling them the truth that you REALLY know someone in US...it doesn't matter ex, enemy or whatsoever...deep inside you still know them.

I guess it's time to hire an immigration attorney...also make sure you didn't sign anything when they interview you. Because if you did your in big trouble. (By signing that you just admit you violated them)

[Noah Lot 387]

WOW I hope they won't ban you completely for NOT telling them the truth that you REALLY know someone in US...it doesn't matter ex, enemy or whatsoever...deep inside you still know them.

I guess it's time to hire an immigration attorney...also make sure you didn't sign anything when they interview you. Because if you did your in big trouble. (By signing that you just admit you violated them)

Immigration attorneys cannot change the facts; they can only lighten your wallet. An immigration attorney has NO power to get your tourist visa back...zero...none... no way Jose, etc.

[caesarea 1]

Your problem is - you have no formal ban that would prevent you from getting tourist visa, therefore you can't file any waivers. However, since issuing a B-1/B-2 visa is purely up to discretion of CO, with the history that you have (potential misreprentation, cancelled visa, husband being LPR of US) you will always get denied for immigration intent and lack of ties to home country - that does not prevent you from trying, just realize that's where you are.

hi - im just confused about having no ties... just that i left and returned home, isnt that proof enough that I have strong ties? or else I would have not gone home... BTW im not applying from Manila consulate

[caesarea 1]

I don’t think you did anything wrong, no one is expected to write about the ex-bf on the visa application.

Unfortunately for you the event that took place show the other way, like no one would go from ex-bf to getting married. (not atleast logically)

So CO can assume you had the ongoing relation and you lied on the application and part could be related to the country of your application as well, in past when ppl have mis-used the visa and violated visa terms basically CO would put all the applicants in the same bucket.

I also think that this is what happened to me.

Well I got the visa mid 2011, and after the visa application, we started communicating again, but not to the level that we are in the relationship again. Isn't that possible? its not that I am hiding him from the immigration, its just that I dont want him to be bothered by someone about my plans of travelling. I dont want to use him as a reference if thats what they are looking for.

[caesarea 1]

Yep.

But she would probably have been asked who she was visiting.

Hi - CO didnt actually ask who I was visiting cause I think I made that clear during the interview, that I am travelling alone and will spend time in NYC. But I do remember him asking if I knew someone. Again, my point of not bothering another person for my travel plans prevailed. If we were still ok during that time i would gladly say his name. and if i follow this logic, i should also say the names of the people that i work with. I just thought that saying all those names would be irrelevant since I did not plan on visiting him, nor my work colleagues (i didnt see anyone at work cause they are all over the place).

OK, it's very different! Then no, you don't have to mention a bf on the form. I suppose however that "do you know someone" is a question the CO asked at the initial interview, and he's basing the misrepresentation claim on that.

Yes - i guess this is pretty much what happened...

[Andy & Sue 31]

Things dont add up. When you entered the US on your tourist visa what did you tell the Immigration officer at POE. Then you tell us that your ex was waiting at the hotel or something to that effect. Then you stay 3 months, get married and you dont know anyone in the USA. No wonder the ask you back for a re-interview.

I was refused my renewal of my B2 visa when I told them I needed to visit my US girlfriend.

As you are now married shouldnt you be applying for a CR1 visa? But I think any application would be jeapordised now by the previous events.

[caesarea 1]

Does the cancelled stamp says 'Cancelled without prejudice' or just 'Cancelled', or something else?

THat answer will help other replies to your post here.

Additionally, as I presume you want to reunite with husband in the US, this is one of those cases you might want to get a good immigration attorney to sort out what has happened. I do understand that "knowing" someone does not mean the same for you (and myself as well) than what the form meant, but it is done and cannot be un-done. We can go on and on in that you could've gone on the safe side, etc; but that is not going to solve anything.

As before, if reuniting with husband in the US is the objective, he needs to get a good immigration attorney. Note that this does not mean the problem will go away or be solved, it only means he/you need to understand what is what you are facing and then make an informed decision about what to do next and what steps to take towards that decision.

The only thing you have going on your favor here -sort of- is that you actually left the US (as oppose to staying/overstaying) and that might help explain and justify the answer you had given before about knowing someone.

I wouldn't apply for another tourist visa, I'm afraid it will be denied and even taken against you afterwards.

Good luck

Hi - he just stamped 'Cancelled' on my passport. Nothing else. Also he handed me the letter for 214(b). He was saying something about not following what I wrote in the application form (purpose, length of stay, etc). Honestly I feel quite bad because I think I did what I had to do, I went back home and did not overstay. And yet, I got scrutinized over. I was thinking that the main concern is that if the person issued a visa will return home. I did, just that I had some other change of plans.

[grrrrreat 109]

Hi,

First time poster here. Not a potential immigrant, just a U.S.-based lawyer with an interest in immigration law. (Disclaimer: I do not represent anyone on this site, nor am I providing advice or a legal opinion to anyone on this site.)

I am not as pessimistic as others who are posting here. Section 214(b) is cited when the non-immigrant visa applicant fails to overcome the presumption of intent to immigrate. The CO did not deny on the basis of misrepresentation, nor did the CO appear to apply a misrepresentation bar (even if the CO reasonably suspected misrepresentation under the somewhat implausible circumstances described by the original poster). The remaining term of the B1 may have been cancelled simply because the poster is now married, and therefore can no longer overcome the section 214(b) presumption.

This doesn't necessarily mean the poster does not qualify for a IR-1 or other immigrant visa, although I agree that the poster may have difficulties given these circumstances. It may depend on how much the CO documented in the poster's file and whether the CO who adjudicates any new petition is as suspicious.

The lesson of this post should be, do not take actions showing an intent to immigrate (like marry a U.S. citizen in the U.S.) while traveling on a non-immigrant visa and expect to be able to return to the U.S. on a non-immigrant visa. If you do take such an action (like get married), and want to immigrate, do not leave the U.S. before adjusting your status and receiving advance parole or the green card.