Help! Tourist Visa Cancelled

[caesarea 1]

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)

the CO just asked me to sign an affidavit about what i did in the US. I personally wrote down all those information. Date of arrival in the US, how bf proposed, when, and other details. It's probably a test on how long I have known him, cause I think on that part he was trying to know if I really KNOW my husband. Initially his reaction when I said I got married - is that I just got married to a random guy I probably picked up somewhere lol. So I had to erase that fact and stated that I have known this person for more than 10 years.

About the ban he said something about ineligibility. But he didnt say much about it. He just gave me that 214(b) letter.

[caesarea 1]

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.

Yes, we were in contact and I have said the arrival information to bf at that time, but I also booked myself a hostel and a 2 week return ticket, cause I wasnt expecting him to be there to pick me up.

[aaron2020 11,651]

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.

There is nothing you can do to get a visitor visa. It doesn't matter what your reasons were. All that matters it that the US Embassy does not believe you and is unlikely to see the facts your way. So, just forget about getting a visitor visa. It's useless for you to try to convince the US Embassy, because reasonable people are not going to believe your story especially since it is so fantastical. How does an old ex-boyfriend know when and where you were going to fly into? Why on a two weeks trip, do you suddenly marry an ex-boyfriend who you haven't see in years? Isn't it more reasonable that you planned for him to be there and for you to marry? Look at your situation from another point of view.

If you want to come back to the US, your husband can file an I-130 for you. This is your only chance of coming back to the US with a US husband.

[Harsh_77 716]

What did they stamp on your passport cancelled or cancelled with prejudice.

[caesarea 1]

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.

Yes, I guess im lucky he just cancelled it with 214(b). It will be harder if i got the 212.

So I think they thought I'm an intending immigrant because of the duration of stay (3 mos) and being married to LPR.

But they didn't also see that I came back and did not overstay.

but anyway, things were already said and done. I cannot change them anymore.

Was wondering - what if i apply for a new visa and write down all the new information (civil status, immediate relatives in the US, etc). Would that be a good option?

[aaydrian 479]

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.

To immigration, your circumstances are two good to be true and quite impractical really. If you're so desperate to see your husband, have him visit you or take a trip to another country. As for you stepping foot in the US, focus on a spousal visa, however, if you feel that the odds are still on your side, get a bit of legal advice and reapply for a B2.

[caesarea 1]

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.

I told IO at POE that I will be staying in NYC for 2 weeks, in a hotel. He (bf) knew that I was coming but I wasnt really expecting him to be there actually.

We actually did not file for any petition cause we are still undecided on where we are going to stay and raise our family. I thought we can just visit each other until we decide about things.

[J&N* 68]

I'm sure you didn't mean to lie, they ask a lot of questions and answers can be confusing, you should have said the whole truth and you could have explained further if the officer asked about a specific answer. I'm sorry! Maybe try a spouse visa? It doesn't guarantee that you'll be approved though given your history.

[TedM 9]

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.

As I'm sure you're very aware now, the U.S. government does not play around with visa and immigration cases. You're hardly a bad person, but you fudged telling the truth and now are dealing with consequences. Regardless, now that you're married to a U.S. LPR, you need to file for a CR1 visa anyway if you want to come back to the U.S. You're almost assured to never get a tourist visa again.

I'll repeat for emphasis: pretty much forget ever getting a tourist visa again. You "lied" (at least in their eyes) and you now have a U.S. husband.

Forget whatever rationale you have for not telling the complete truth to the CO. It's irrelevant now. You may, however, need to get an immigration lawyer to help in this case if you choose to pursue a CR1 visa.

Edited April 4, 2012 by TedM

[caesarea 1]

I'm sure you didn't mean to lie, they ask a lot of questions and answers can be confusing, you should have said the whole truth and you could have explained further if the officer asked about a specific answer. I'm sorry! Maybe try a spouse visa? It doesn't guarantee that you'll be approved though given your history.

Thanks! well i guess this is a done deal. Just feels bad that I went home and yet I get this. But yes, I'm not the officer so we see things at different light.

[caesarea 1]

thanks for all the replies.

I guess there is nothing left for me to do. Also, just stating that even if this situation was some sort of fantastical or unreal... it happened. And I am not going to change the story because people think its not real. Just so happened that it was seen in a different angle. But I respect all opinions stated. Its sad that despite of me going home, all other flags were raised. A lot of people do not go home after their intended visit and no one actually looks for them, and I, got re-interviewed. How ironic that is. But as I have said, there is nothing left for me to do at this point.

[J&N* 68]

Thanks! well i guess this is a done deal. Just feels bad that I went home and yet I get this. But yes, I'm not the officer so we see things at different light.

Unfortunately they're really strict about things like that, they take lies too seriously and they don't care if you didn't "mean" to lie. I'd hire a lawyer and file for CR-1! Best of luck!

[Laure&Colin 280]

I don't think you get it: you returning home is not the only important factor in the consulate's mind. The fact that you lied at your interview is just as important to them. You're trying to rationalize it by saying you didn't want them to bother him but it is completely irrelevant. The fact you insisted on your second interview that you have known your husband for 10 years only makes it worse! Now it's clear as day in the CO's mind that it was all planned from the beginning. Had you met a new guy during your 2 weeks stay and decided to marry him, it would actually look better, as in unexpected and not planned ahead.

Anyway, what's done is done and I agree with other posters who advised you to file for a CR1 and get a lawyer, but with your husband's LPR status and the fact you'll most probably need to file a waiver after the interview, you going back to the US is not going to happen any time soon.

You can apply for a B2 again. But now that you've been flagged for misrepresentation, and you're married to an LPR, your chances are close to zero. If I were you I wouldn't even waste money on the fee.

[alizon 77]

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.

They weren't looking for personal references. They were looking to find out whether you have reasons and resources to overstay your visa. The more people (especially family or potential family like a boyfriend) that the visitor has here, the more reasons/connections/money/etc. they have here to help them overstay.

[jarta 24]

wow..i never knew they call people back for re-interview. that crazy. so what basically happened was that - your arrival and departure information was sent to the consulate? if your husband didn't file any petition on your behalf, were you only called back because you told them you were visiting for 2 weeks and stayed for 3months?

there are lots of people who stay beyond their original intended length of stay for several months. so do they call everyone who had stayed long than the duration he\she stated on the application for re-interview?

when you had your first interview, did they ask you to report back at the embassy when you come back the US and you didnt? i know someone from Ghana who was asked to report back at the embassy after he returns from the US.

this is really interesting.