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meaganissillay

Tourist visa request denied- how long to wait before reapplying?

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Filed: Timeline

I'm new to this website, so my apologies if this is an "old news" topic or one of those annoying FAQs.

I am a US Citizen, I have been living abroad in Nicarauga for over about two years now. I have been in a relationship with my boyfriend for about a year and a half now. Because I am on a tourist visa here in Nicaragua, I am required to leave the country every 90 days. I generally use this as an excuse to go home and visit my family for a week.

Last year, my boyfriend applied for a tourist visa to travel home with me during Thanksgiving time to meet my family and learn about where I come from. He sent his electronic application in on August 31, 2015, and his interview was held at the embassy in Managua on September 21, 2015. He unfortunately was denied. I went with him to the interview, and he was not given a reason, only a piece of paper saying he did not meet the requirements.

My question is, how long would you recommend he wait before reapplying? It's kind of complicated considering we aren't exactly sure why he was denied- we aren't sure what he needs to improve for the next time. My best guess is money (given that Nicaragua is a pretty low income country), however, he had letters of invitation from both my mother and I stating that we would assume all financial responsibilty for the trip. I know that the applicant must qualify on their own.. so I am wondering if there is any advice in situations where a US Citizen would be paying for the travel- is there a better way to show this rather than just stating it in a letter?

Any advice would be much appreciated. Again, sorry if this is a repetitive topic.

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Filed: Citizen (apr) Country: Ireland
Timeline

You (well, your boyfriend) can apply again right away, but unless things have changed significantly, there is little point (and remember they will have the paperwork from the last application).

It sounds like the issue is a combination of him not having many ties to Nicaragua, and having a US boyfriend, so they will suspect you and he will just remain in the USA, not just go as tourist for a short while. So:

- show that he has strong ties to his home country; a good job, enrollment in uni that he already paid for the next semester, family he needs to care for, a business, that sort of thing.

- Show that YOU, as the USC partner, also has strong reasons to return abroad.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: Wales
Timeline

US Boyfriend?

Not sure how much in the way of ties to Nicaragua could be shown as a visitor.

What does he do?, does he have a house car etc etc.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

US Boyfriend?

Not sure how much in the way of ties to Nicaragua could be shown as a visitor.

What does he do?, does he have a house car etc etc.

He has been a waiter at a very successful restraunt for over three years- I know it doesn't sound like much, but it is a salary job plus very good tips, which is something that we struggled with on the application. His boss, the owner of the restaurant, wrote him a very good recommendation letter confirming salary and also confirming he approved of the two week vacation.

At the time he was also working weekends at an additonal restaurant/bar for extra cash. That owner also wrote a very nice recommendation and confirmation of salary and approved vacation time.

He has one daughter from a previous relationship- he came with proof of his child support payments, but the guy at the embassy actually said that was working against him- almost like it was an incentive for him to stay in the US and send money home. We thought showing his daughter lives here in Nicaragua would be a good tie to home.

I am able to show many ties to Nicaragua- (proof of work while I am here, my current lease contract through next year, plane tickets returning to Nicaragua) but again, I heard that the most important thing is to show his ties to his home country. It's just complicated since I am the one inviting him and paying for the trip.

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Filed: Timeline

Honestly the letters of invitation killed it for him.

Why is that? Everywhere I have read says to provide invitation letters to prove where you will be staying, who you will be visiting, etc. If the purpose of his trip his to come and meet my family and learn about my background, why would a letter from my mom confirming that this is true be a bad thing?

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Filed: K-1 Visa Country: Wales
Timeline

He has a good job, why did he not want to pay his own way?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He will probably continue to be denied while you're in a relationship, especially with you on-record as bankrolling the potential trip.

The embassy likely suspect that you'll get married and file for AoS as soon as you reach the US.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Immigration intent. you invited him and offered to pay for him, you are in relationship.

He can apply again, but he needs to show more ties to the home country, maybe visit a few other places. However!! He already mentioned you and US consulate will now ask him about you again. Do not lie, do not tell them you are not in contact anymore! This will bite you in the back.

I would do this: get your work contract for Nicaragua, approved vacation time and other things proving that you will return. Write an affidavit that you both are traveling for a week and will return. Have a letter from your mother that she is expecting both of you for your regular vacation. He is paying for a trip himself. Apply again for your next vacation.

If you can afford it, go to Europe or Canada as tourists (hostels are cheap) first to create some travel history.

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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Filed: IR-1/CR-1 Visa Country: Belize
Timeline

Sorry to tell you but he was denied because of the relationship he has with you as a USC. The seriousness of going to visit family members on a holiday such as thanksgiving shows how serious your relationship can be. When applying for a tourist visa the applicant has to show strong economic, family, social and financial ties to their country.

In any case he can apply again at anytime but will risk getting denied again if his situation doesn't change as the previous commentator said. Good luck

(L) (L) (F) (F) Some peoples journey to love is harder than others, but when they reach their destination its definitely, definitely worth preserving. (F) (F) (L) (L)

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Filed: IR-1/CR-1 Visa Country: Ukraine
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This topic always baffles me....My spouse was my girlfriend when she applied for a tourist visa. She had every reason to be denied. The only positive issue was being "well traveled"

Ukraine was being attacked at the time.....people were getting out of here as fast as fleas jumping off a hound dog

It did not make a difference if you owned property......if you were in the conflict zone, it became the property of the aggressors

She is a banker and tanks were driving into the banks collecting money.....the real term of "drive through banking"

There was no stability here and economics were in a cliff dive

On her visa app she stated she wanted to visit her boyfriend, a USC. And I would pay for everything as stated in my letter of invite

At interview she was very nervous as the applicants at the window before her left crying

Bottom line, she was approved

CR-1 Visa

USCIS

7/27/15 Sent I-130 package to Chicago Lock box

7/29/15 NOA1, TSC

10/7/15 Entered USA for three weeks to close escrow and pack house

12/5/15 Entered USA for 90 days to visit

12/7/15 I-130 approved,NOA2

NVC

12/23/15 NVC received package

1/5/2016 Called NVC

1/7/2016 Called NVC, assigned case # and IIN #

1/7/2016 Assigned choice of agent

1/7/2016 Paid AOS fees

1/21/2016 Paid packet IV fees

2/20/2016 Filed DS-260

3/30/2016 Sent NVC package

4/5/2016 NVC received package

5/5/2016 Email from NVC...case complete with interview date 6/17

6/10/2016 Medical

6/17/2016 Interview - Approved :)

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Spend more time searching the tourist section of this forum to find similar results. Do a search for "invitation letter" and you will see how it can cause more harm than good.

Strong ties include owning property, owning a successful business, stable work history, and frequent travel history (which seems to be an extra positive).

To answer your question he can apply again at any time but if nothing has changed to show strong ties then the result will be the same.

You say you have a lease so is he living with you. Is his name on the lease? You claim to be a tourist but you have a lease to an apartment? And you have been working there? Plus you are staying in his country for 3 months at a time and leaving for only 1 week. You are not acting as a tourist. You don't claim to be visiting when you have obviously set up domicile. I don't know how lenient Nicaragua immigration laws are but if your bf was pulling the same tactic in the US he would loose his visitor visa and if found that he is working he would be deported. On the outside looking in, if you are OK with skirting immigration rules then how does the US know he won't try the same here? Plus he has a USC(s) that is capable of providing financial support for him.

Try to put on a immigration officer hat and really scrutinize his case. Then you will have a better idea of the chances of him getting a tourist visa.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Timeline

If he can't afford a 2 week trip to the USA by himself, that's already a big red flag that he has potential to overstay. Add to the fact that he has a USC girlfriend, a daughter he needs to provide for back home... well the decision was already made for the CO.

Can't see him getting a B2 visa any time soon.

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I have to agree with a lot that's been said. If he's paying maintenance for his daughter yet trying to visit the USA on a holiday, what does that come across as? I know that if I were having to pay child maintenance but couldn't even afford a plane ticket then the last thing I should be doing is trying to gain a visitor visa. It's clear there needs to be a massive change in circumstance before it will be approved. Ideally he needs to get a better paying job to be able to pay his own way and have travelled a bite more. Has he ever left Nicaragua before? If not, I'd visit Honduras, Costa Rica, or any of the closer places that will show a bit more that he can take short trips and return home.

AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

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I would advise some closer trips if possible. I think immigration likes to see them. It proves that you can leave your country and come back - and also gives credence to the thought that you like to travel.

How about you take some other fun trips?

On J visas.  Spouse won DV lottery while in US.  Did AOS from the US.

 

Boston field office, GC holder for 10 years.

Citizenship received in 2016, took ~5 months from application to passport.

Spouse received citizenship in 2019

 

 

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