My boyfriend got denied tourist visa. Advice please

[michellemakana 4]

Hi all,

My boyfriend who is Albanian got denied a B1/B2 visa under section 214(b) in Italy. He had an affidavit of support from my parents, and all the supporting documents including a letter from his boss at work, photos of his family, and proof that he and I would return to Italy with him. The person who interviewed him didn't even really look at his supporting documents, the only mistake I think we made was saying that he wanted to visit for 4 months. My questions is, would it be worth it to even try applying again and saying he wants to come for shorter period of time? Our only other option is beginning the K1 fiancé visa, although I wanted him to visit the states before we did that. Any advice is appreciated!

Edited February 1, 2016 by michellemakana

[spring333 44]

He can apply as many times as he wants but they wont give him visa until he shows change. But what i think, they denied him because they think he would stay and marry you. Just thoughts....

[arken 4,197]

I don't think he was rejected because he said he wants to visit you (in US) for 4 months, the main reason behind rejection is that the CO didn't see that he will return back. The affidavit of support that your parents provided to him for his travel made the case worse since it proved that he didn't earn much and couldn't afford himself for travel and there is no reason why he would return back to Italy for work that he earns minimum. What sort of proof you provided that he and you would return back to Italy? Unless he provides a solid new evidence that he will return back, I think applying again with same documents is fruitless.

[michellemakana 4]

He can apply as many times as he wants but they wont give him visa until he shows change. But what i think, they denied him because they think he would stay and marry you. Just thoughts....

Yea It's probably a lost cause to apply again... Oh well looks like K1 it is.

[Chris and ZhiJia 146]

Hi all,

My boyfriend who is Albanian got denied a B1/B2 visa under section 214(b) in Italy. He had an affidavit of support from my parents, and all the supporting documents including a letter from his boss at work, photos of his family, and proof that he and I would return to Italy with him. The person who interviewed him didn't even really look at his supporting documents, the only mistake I think we made was saying that he wanted to visit for 4 months. My questions is, would it be worth it to even try applying again and saying he wants to come for shorter period of time? Our only other option is beginning the K1 fiancé visa, although I wanted him to visit the states before we did that. Any advice is appreciated!

Just for future reference, an Affidavit of Support holds no weight for B1/B2 visa's. The applicant must apply on their own means, and prove that they have enough money to support themselves for the entire trip.

This is directly from the website. https://travel.state.gov/content/visas/en/visit/visitor.html

Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a nonimmigrant tourist visa. If you do choose to bring a letter of invitation or Affidavit of Support to your interview, please remember that it is not one of the factors that we use in determining whether to issue or deny a nonimmigrant tourist visa.

[clairegie 265]

His work will let him go on leave for 4 months? Is this an online job?

[michellemakana 4]

I don't think he was rejected because he said he wants to visit you (in US) for 4 months, the main reason behind rejection is that the CO didn't see that he will return back. The affidavit of support that your parents provided to him for his travel made the case worse since it proved that he didn't earn much and couldn't afford himself for travel and there is no reason why he would return back to Italy for work that he earns minimum. What sort of proof you provided that he and you would return back to Italy? Unless he provides a solid new evidence that he will return back, I think applying again with same documents is fruitless.

You make a good point. I guess we weren't well prepared.

Just for future reference, an Affidavit of Support holds no weight for B1/B2 visa's. The applicant must apply on their own means, and prove that they have enough money to support themselves for the entire trip.

This is directly from the website. https://travel.state.gov/content/visas/en/visit/visitor.html

I guess I got the wrong information. Thanks for the info!

His work will let him go on leave for 4 months? Is this an online job?

He does construction for his Uncle and yea he would let him go.

[HFM181818 748]

anyone who can casually leave his 'job' for 4 months does not have a strong economic reason to return, and his social reasons are fragile as well...there is no such thing as written 'proof' that a B2 applicant will depart the US at the appropriate time....you can supply I-134's by the car load, letters from bosses, the Pope or the local dog catcher and none of those are worth the paper they are written on. Support provided by you or your parents is just a stronger inventive for him to stay rather than return. What matters most is his credibility, which, being relatively young, not really involved in a job that is fully transportable to the US and from a country whose visa abuse rate is fairly high, all add up to a strong likelihood of a denial.

As for some 'proof' that the two of you would be returning to Italy together, well, what would that be that is legally enforceable? Mind changes happen all the time...usually about the time one's luggage is tumbling off of the carousel at the airport in the US.

[IcezMan_IcezLady 582]

CO believes that your boyfriend might not return.

The fact that you are here is enough incentive for your boyfriend to stay.

No statements can overried that. Because what if you two change your mind and decide not to return to Italy?

That was what CO was thinking.

It is unlikely to go well should you try again.

But it doesn't hurt to try again

[HFM181818 748]

one additional thought: trying that transparent ruse that is tried so often, hoping to fool a CO, by now stating on the second application that his intention is to visit for just 1 month (instead of 4, like last time), only shows desperation. COs know only too well that CBP routinely admits B2 visa holders for 6 months....but trying to play seemingly clever games by 'fine tuning' the proposed visit time is a ploy that will bring a second denial about in a matter of seconds....changing the visit time is NOT a significant change in his circumstances. It is just a thinly disguised effort to somehow cause the CO to suddenly believe that the applicant is a bona fide visitor for pleasure who fully intends to depart the US when it's time...remember, his first application will be on screen, side by side with the new one....and when that particular box (length of proposed stay) has a new, smaller number in it, the rest of the interview will be just window dressing, as COs do not take kindly to these shallow attempts to put one over on them....I don't understand (and never did) why people think that reducing the proposed visiting time will work magic on a CO...it just screams, 'this applicant is so desperate to get the US that he or she will keep changing something on the DS160, hoping that by changing something, anything, that a visa will be issued."

Often in tandem with this idiotic sleight of hand nonsense will be some letter of 'guarantee' signed by the USC BF or GF, or some other relative, or a brand new itinerary that outlines a one month visit to certain popular tourist destinations (leaving out, of course, the trip to the courthouse to get married!!)....I've lost count of how many of these types of futile second/third/fourth applications I saw....and all met the same end.

[jam2016 10]

Next time, get a job guarantee letter signed by someone not with the same last name (Sir Name) as him if the job he is working is owned by his uncle.

[michellemakana 4]

Thank you for all the info everyone! It all makes a lot more sense now. Wish I knew this stuff beforehand.

Edited February 1, 2016 by michellemakana

[HFM181818 748]

a job letter signed by anyone has as much value in overcoming immigrant intent as a new roll of Charmin.

[jam2016 10]

a job letter signed by anyone has as much value in overcoming immigrant intent as a new roll of Charmin.

You do make the point in Bold!

[Amadia 711]

Hi,

I can share my experience when I applied for my B2 visa.

I did all the paperwork online and paid the required fees and was scheduled for an interview at my consulate. When I was called to the window, the first question I was asked:

Are you permanently employed?

I answered Yes and I told the CO that I had a letter from my job indicating same. He looked at me and smiled and said:

I can tell that you have come fully prepared but I like to handle my interviews differently. I can't talk to the paperwork you show me and you would be better equipped at answering my questions rather than me reading a piece of paper. Also, I like to develop a dialogue with my interviewees; it makes the interview more interesting.

The next question he asked was: How long do you plan to stay in the US if you are approved? I told him that, based on my work commitments, I'd only be able to visit for 2wks at most...which was true.

Truth be told, the ONLY document he looked at was my bank statement showing my savings....THAT was it. After several questions about myself, my kids, my reason for not filing for them at that present time, etc. He looked at me and said:

Congrats, you are approved for a 10-yr visa! It's good for multiple entries and I'd like to give you this paper with rules on the visa..... (everything he said faded out after that! lol)

They are very particular on the person's ties to their country. If you show no ties, you will be denied. You can try the K1 route but do remember that there is a portion on the form to fill out that asks: HAVE YOU EVER BEEN DENIED A US VISA? Based on your boyfriend's answer, the US has ALL records of visa approval/denial history, so he must be honest.

Best of luck in which ever route you guys choose!