Visa Denied - US Consulate Mumbai

[AFT...Ths 1]

That is not a reason for not being eligible to use the VWP.

How long were you in India?

Only 10 days, I have a son I need to care for.

[Boiler 46,939]

One visit of 10 days is unlikely to pass muster. Especially with the other issues you mentioned. I would make a few more trips of longer duration and try again, perhaps during the school holidays.

[AFT...Ths 1]

One visit of 10 days is unlikely to pass muster. Especially with the other issues you mentioned. I would make a few more trips of longer duration and try again, perhaps during the school holidays.

We are thining now to just get married in India and go the K3 route. Any thoughts? I am trying to work it out so I can go in Dec.

[Boiler 46,939]

K3 is effectively dead.

CR1 is what you would be looking at.

Still think that you need more 'face' time, sounds like he he has not met your child?

[CLMIKE 22]

Everything online says once you've been denied a visa, you are no longer eligible to use the VWP. Even had it confirmed with an immigration lawyer...

I was previously denied a visa to the US. Can I apply for a Travel Authorization and enter on the Visa Waiver Program? No. If you have ever been denied a visa you cannot travel under the Visa Waiver Program.

http://www.esta.us/faq.html

It's on the ESTA page...

[Boiler 46,939]

Why quote 'information' from a scam site?

http://cbp.gov/xp/cgov/travel/id_visa/esta/

[AFT...Ths 1]

K3 is effectively dead.

CR1 is what you would be looking at.

Still think that you need more 'face' time, sounds like he he has not met your child?

My son is now 17 now and I don't believe my finane not meeting him would be an issue. By the time we get anywhere with this my son will have graduated college. LOL

[del-2-5-2014 1,339]

K3 is effectively dead.

CR1 is what you would be looking at.

Still think that you need more 'face' time, sounds like he he has not met your child?

Re kids: this was important to our CO in Nigeria.

She was most curious why my Wife hasn't met nor spoke to my kids.

Thankfully she understood that they lived with my Ex Wife in another state full time and can't really communicate in our language.

Just an FYI on the importance of previous offspring.

[Boiler 46,939]

Less important, but also less of a reason not to visit.

[simps 2]

If this makes you feel better. We were denied for K1 as well. They said we didn't submit the enough proof to show our relation. I know how you are feeling but don't give up. If you think you have enough proofs to show your strong relation then you can appeal the case but from my appeal experience we basically lost our money and again we end up being denied. I would suggest you to get marry and apply for cr1. That's what we did. I understand you have a situation but that's the only best way to apply for visa. I wish you a good luck and hope you guys figure out you next step.

Hello,

My fiancé had his interview on Sept 30, 2013. When he finally got to the interview window he was asked a few questions:

What is your fiancé name? Ans. My Name

When did you meet? Ans. 2009

When did you start your romantic relationship? Ans. 2010

When was your fiancee divorce? Ans. 2012, however they have been separated for over 10 years.

What is your fiancée religion? Ans. Christian

What is your religion? Ans. Hindi

The interview walked away briefly, came back, and gave him a piece of paper that basically said our petition was being returned to the USCIS office for review and possible revocation. He did not say why the petition was being returned, however, I guess it has something to do with my divorce becoming final in April 2012 and immediately getting engaged, June 2012. USCIS approved our petition and enclosed in our I-29F application were a copy of my divorce papers.

All of the answers my fiancé gave to the interviewer were true. My now ex-husband and I have been separated for well over 10 years and in fact we have not even lived in the same state for 8+ years. He didn't bother to look at our proof of relationship, he asked no further questions.

I am real upset over this and I just don't know what we need to do next.

Any assistance or advice you could offer would be greatly appreciated.

[David & Diana R 1,005]

Hello,

My fiancé had his interview on Sept 30, 2013. When he finally got to the interview window he was asked a few questions:

What is your fiancé name? Ans. My Name

When did you meet? Ans. 2009

When did you start your romantic relationship? Ans. 2010

When was your fiancee divorce? Ans. 2012, however they have been separated for over 10 years.

What is your fiancée religion? Ans. Christian

What is your religion? Ans. Hindi

The interview walked away briefly, came back, and gave him a piece of paper that basically said our petition was being returned to the USCIS office for review and possible revocation. He did not say why the petition was being returned, however, I guess it has something to do with my divorce becoming final in April 2012 and immediately getting engaged, June 2012. USCIS approved our petition and enclosed in our I-29F application were a copy of my divorce papers.

All of the answers my fiancé gave to the interviewer were true. My now ex-husband and I have been separated for well over 10 years and in fact we have not even lived in the same state for 8+ years. He didn't bother to look at our proof of relationship, he asked no further questions.

I am real upset over this and I just don't know what we need to do next.

Any assistance or advice you could offer would be greatly appreciated.

So sorry to hear this. We will be praying for you both.

Aloha Ke Akua

[AFT...Ths 1]

Thank you all for your kind words, thoughts of prayer and help. I think we will wait and see what the CO had to say then make decisions on our next step.

<3

[Girl from Celebes 588]

We tried that, he was denied a tourist visa in Kolkata.

Sorry if I am asking, when he applied for B-2 visa, did he put your name as a person he would come to visit in US? There was another VJ-er here that her fiance visa got denied because she did not mention his fiance name on the application when applied it. Her approval B-2 visa eventually was revoked and they filed spousal visa now.

For example, if you started dating him around 2010, he applied in 2011 but he did not mention your name there and got denied for some reason. When you filed I-129F for K-1 visa, let's say 2013 and putting timeline when you both were started dating and they found out that your fiance applied B-2 visa was actually wanted to visit you but failed to mention it.

That's why they have box there asking applicant if they ever been refused visa and when it did happened. I would guess, probably that's a red flag for him for not disclosed his intention come to visit in US and a tiny possibility reason why his K-1 visa was denied. But that's just my 2 cents, I might be wrong about this. -Every cases, countries, circumtances of applicants are treated according to their requirements.

I am really sorry for what happened to you. Be strong there.

[CLMIKE 22]

Hi Boiler

I looked at that site as well. VWP is still no longer eligible if a B2 is denied. See Q and A and link. Also I figured the lawyer wouldn't lie to me either.

I'm not trying to prove you wrong, I just don't want to give anyone false hope (as for a second there, I almost had some hoping I had been wrong and she could visit...)

https://help.cbp.gov/app/answers/detail/a_id/1097/kw/denial/session/L3RpbWUvMTM4MDczODcxMC9zaWQvT3dEQ0RPQmw%3D

How would my eligibility for a travel authorization via ESTA be affected if I was previously denied a visa, previously denied an immigration benefit, or previously committed an immigration-related violation?

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied, and if you are allowed to board your carrier, you may be subject to additional processing upon arrival at U.S. ports of entry, and may be denied admission to the U.S. Applicants who are uncertain of whether they qualify for travel under the Visa Waiver Program (VWP) are encouraged to apply for ESTA authorization early, to allow time to apply for a visa, if needed.

Many people make the mistake of thinking that if they were denied a visa when they were a citizen of one country, then become a citizen of another country, they can travel to the U.S. under the visa waiver program using their new passport. That is wrong. The eligibility question about having been denied a visa does not ask whether or not the denial was made after you became a citizen of another country. It asks, "Have you ever been denied a visa?" - period. If you answer "No" then we determine that you have been denied a visa in the past, we consider that to be fraud, and you will be barred from entry for a number of years. It is better to admit the truth, and then apply for a visa, than go through the experience of being deported for fraud.

In some cases, you may not be sure how to answer this question because you were "allowed to withdraw" your application for entry, or a U.S. Consulate declined to issue you a visa because you did not have enough paperwork for them to make a decision on whether or not to grant you a visa. If this is your situation, we advise you to contact a U.S. Consulate and discuss what happened and ask them to tell you whether or not the withdrawal or declining to issue a visa constitutes an actual denial of entry or visa.

If you wish to receive automatic updates to this Q&A, select "Subscribe to Updates" on the left side of this screen.

[Boiler 46,939]

Hi Boiler

I looked at that site as well. VWP is still no longer eligible if a B2 is denied. See Q and A and link. Also I figured the lawyer wouldn't lie to me either.

I'm not trying to prove you wrong, I just don't want to give anyone false hope (as for a second there, I almost had some hoping I had been wrong and she could visit...)

https://help.cbp.gov/app/answers/detail/a_id/1097/kw/denial/session/L3RpbWUvMTM4MDczODcxMC9zaWQvT3dEQ0RPQmw%3D

You misread.

I am not saying the Lawyer lied, but Lawyer ignorance is not uncommon, there are PLENTY of examples of that on here.

It is quite possible that when you update ESTA after a Visa refusal ESTA will be declined, wait 6 months usually resolves the issue, and try again.

If the Visa refusal was for something like Criminal History, Drugs etc then all bets are off.