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JohnIrish

Advice—— F1 VISA denied

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My wife’s niece was just denied a US student visa. She is 18 years old from Thailand and was accepted into a US college for the summer to study English. The immigration person only gave the reason is that she did not have any property!  ???  She is a student in Thailand studying  architect engineering and English would really help her.  I would support her schooling and she would stay with us. After the summer, she would return back to Thailand at her college.   

 

What can we do?  What advice can anyone give?

 

i believe she can interview again?  What can we do or say to help her chances when we try again?    

 

Thanks


K-1 Process

NOA1

01/04/2008- Received date for NOA1 Receipt for I129F

NOA2

05/09/2008- Email that Approval Notice was sent for I129F

5/16/2008 - Received I-797C Notice of Action 2 Approved the petition and have sent the original visa petition to the Department of State National Visa Center (NVC). The NVC will within two to four weeks:

NOA3

6/2/2008 - Fiancee Received Packet 3

6/9/2008 - Fiancee sent packet 3 to Embassy

6/16/2008 - Fiancee finished Medical and police report. Police report to be mailed to her in 2 weeks.

6/30/2008 - Have police report

7/29/2008 - INTERVIEW DATE! SUCCESS!

7/31/2008 - Picked up Visa 2 days later from Embassy

8/17/08 - Arrive to USA! (Yes, we booked prior to the interview)

9/15/08 -- Social Security Card (Had to argue about card with K-1)

11/13/08 -- MARRIAGE!

11/15/08 -- File for AOS

2/2/09 --- Received Advance Parole

3/15/09 -- Received Work Card

4/3/09 -- Trip to Thailand... Married Again

5/11/09 -- Interview and approval of AOS (ship card in 3 weeks!)

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They did not believe she had sufficient ties to her home country and so the visa was denied from that. By law, the embassy is required to treat every applicant as an intending immigrant until they are satisfied otherwise, and in this case they were not. 

 

She can reapply whenever she wishes, but is unlikely to receive a different answer unless her circumstances materially change. 


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

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Sign up for a local ESL College.


“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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Exactly...she is free to reapply but the answer will almost certainly be the same unless there is a material change in circumstances. Nothing you say changes the facts, and there's nothing really you can do in a short time frame to establish those strong ties needed to convince the CO of non-immigrant intent.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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US based individuals do not have a say in a NIV. She was denied because the CO wasn't convinced she has strong enough ties to her country. 

 

As noted above, she could try as often as she likes, but chances of a visa are nill without any material change in her circumstances. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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