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Kreyandor

Tourist Visa rejected, looking for advice

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Hello All,

 

So my friend is a Chinese citizen who recently tried to apply for her B2 tourist visa last year to come visit US for the Christmas holidays for a week but got her visa rejected. (214(b) rejection). She is currently living in Australia, attending school part time and work full time. She has the financial ability to support herself and have traveled to other countries (for vacation) without overstaying her visa. As frustrating and disappointing as this is, visa officer did not provide a clear indication of why or for what reason she was rejected. (I would think she met all requirements?) Therefore, I am trying to help her to attempt to reapply a second time and hopefully increase her chance of getting a tourist visa however before I do that, i would like to know how i can improve these chances. If you have any experiences or advice related to this kind of situation, please share your insight.

 

1) If I sponsor or provide a letter of invitation, will that improve her chances?

2) In interviews, if visa officers ask if she has any friends/relatives in the US? Does she say yes/no?

3) Is the decision based on what is written on the application or the interview? 

4) During the interview, what questions do they ask?

 

Previously, I talked to a lawyer and he said they cannot appeal a visa officer's decision and he mentioned that "Chinese ladies" is often difficult to receive tourist visas and popular rumors where young people has a lower chance of receiving a visa vs. older people. (I even reached out to US senate and US reps and all said they cannot appeal a visa officer's decision.)

 

I know this post is quite long, i'm just quite confused and frustrated with the rejection. If you can provide any advice or your experience, that be great. Thanks!

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10 minutes ago, Kreyandor said:

 

1) If I sponsor or provide a letter of invitation, will that improve her chances?

2) In interviews, if visa officers ask if she has any friends/relatives in the US? Does she say yes/no?

3) Is the decision based on what is written on the application or the interview? 

4) During the interview, what questions do they ask?

 

Previously, I talked to a lawyer and he said they cannot appeal a visa officer's decision and he mentioned that "Chinese ladies" is often difficult to receive tourist visas and popular rumors where young people has a lower chance of receiving a visa vs. older people. (I even reached out to US senate and US reps and all said they cannot appeal a visa officer's decision.)

 

I know this post is quite long, i'm just quite confused and frustrated with the rejection. If you can provide any advice or your experience, that be great. Thanks!

1. No

2. She must answer truthfully. If the truth is yes (as it clearly is, judging by your post) she says yes.

3. Both

4. Varies

 

the lawyer is correct, you cannot appeal a consular decision 

 

Did she interview in Australia?

Edited by SusieQQQ

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Unfortunately there's nothing you can do to help her apply.

 

1) There is no such thing as a "sponsor" for a tourist visa.

2) If she has relatives or friends in the US, she has to say YES. Otherwise, she would be lying and that would be fraud.

3) The decision is based on multiple factors but mostly it stems from the DS-160 application and how the interview goes, rarely will they ask to look at supporting documents.

4) They can ask a variety of questions, but most of that will be based on what she filled out on the DS-160 application, such as her current job, why she wants to visit the US, etc.

 

A 214(b) denial means that they did not think she has a good enough reason to return and that she has immigrant intent to the US. Also, applying a second time for a tourist visa within a short period of time may come across as being desperate to go to the US and will probably result in another denial. If she's planning to come visit you during Christmas, that's a pretty long way away from right now, she could wait a while and try to apply again closer to the date of when she wants to visit.


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@SusieQQQ

Yes, she did her interview in Australia. Yes it would be the same rejection. (only once.) The reason why I said "friend" is because the intent is not to get married but only to travel.

 

@millefleur

She wanted to visit last Christmas (2018) where she got rejected.

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Just now, Kreyandor said:

@SusieQQQ

Yes, she did her interview in Australia. Yes it would be the same rejection. (only once.) The reason why I said "friend" is because the intent is not to get married but only to travel.

 

@millefleur

She wanted to visit last Christmas (2018) where she got rejected.

But you can understand why the CO would be suspicious of intent, with an American fiancé. And representing a fiancé as a friend is likely to raise, not reduce, suspicion. Unfortunately, counting against you and her is the many, many other people who have gotten tourist visas and then “changed their minds” and decided to stay and adjust. Unless circumstances change, the visa decision is unlikely to change either. 

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The above responses are all correct.

She was denied because the CO did not believe she had enough ties to return home to overcome the required presumption of immigrant intent. There won't be a more specific reason provided...it's a judgement call based on an evaluation of what's on the DS-160 and possibly what is discussed in the interview. The decision won't be appealed, but she is free to apply again. I would not expect a different result unless there is a material change in circumstances, though.

Edited by geowrian

Timelines:

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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!)

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10/25/17: Biometrics

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3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

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@geowrian

What would be an example of "ties" to return home. Is it something like job, school? (Would it be because living in another country for school instead of home country be considered immigration intent in the eyes of a visa officer.)

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4 minutes ago, Kreyandor said:

@geowrian

What would be an example of "ties" to return home. Is it something like job, school? (Would it be because living in another country for school instead of home country be considered immigration intent in the eyes of a visa officer.)

Those are ties, but an American fiancé means there is also a strong tie to the US that offsets that. It’s unfortunate- she can try again but it’s probably unlikely to change. I can’t remember all the details of the previous thread, but it seems to me that going to Australia to marry her then filing CR1 might be your best route from here.

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13 minutes ago, Kreyandor said:

@geowrian

What would be an example of "ties" to return home. Is it something like job, school? (Would it be because living in another country for school instead of home country be considered immigration intent in the eyes of a visa officer.)

A tie is anything that compels you to return home because you are needed. Work, school, family, etc. can all be varies forms of ties.

Unfortunately, those are not things you can easily or quickly just change (a brand new job or starting a school program doesn't mean much...you could start a new job in the US or start/continue the school program in the US).

Edited by geowrian

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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3 hours ago, SusieQQQ said:

Also, context helps people to answer you properly: it helps us to know that this “friend” is your fiancée.  Is this tourist visa rejection the same one you spoke of in an earlier thread (below),  or did she try again and get rejected again?

 

I thought this story was sounding familiar.......

 

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Also keep in mind that her new application will be compared to her old application on file by the CO (as well as any notes taken during the interview as to the responses she gave to questions).

 

 


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We were going back and forth during "Fiance" period. Though she was coming through ESTA. They ALWAYS pulled her for secondary and held 2hrs+. The fact that she was always truthful and never referred to me as a friend (after engagement), and kept consistently telling them that she's just VISITING me during her University breaks, probably made it easier. If i understood correctly she once referred to you as Fiance, then as friend? if so, she screwed up big time. With Immigration, you can't just choose one day you're engaged, then just friends, then married, then separated. You choose one. If you start jumping from saying one thing, then other, thats a massive red flag. 

 

Once you say "fiance", there is no way in the world she/he is coming here for other reason than visiting you. Her telling them that she's visiting a friend, or traveling, thats what would throw consular off in a negative way. If she consistently said that she's wants to visit you while she has a break at university, that she is studying, and has a job, i would doubt that they would have problem with that.

We didn't have to deal with CO, but i assume it would go similarly to what she went thru in the secondary, proving and explaining them that she's coming to visit me, that she is aware that there are other visas for immigration, and that putting relationship at risk for extra couple months or days is silly. 

 

I'm talking about my experience, all immigration officers are different, all CO's are different' and every situation is different. Even how you express your thoughts might have a lot of impact. Higher fraud countries probably has more hurdles and more proving to do, but i assume the concept would be similar. 

Edited by PaulMac
spelling

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1.

https://travel.state.gov/content/travel/en/us-visas/tourism-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 visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa"

 

2.

Be truthfully. Lying will even make it more harder in the future. I'm hoping didn't lie in the previous interview. Note though that having a fiance in the US is a stronger tie to the USA than life in China or Australia. So you have to be very convincing to sway the CO's mind.

 

3.

Decision is based those things and MORE. Even things that are not on the application. 

 

4.

Every scenario is different, Every person is different, every circumstance is different. Hence, the questions could vary greatly from scenario to scenario, person to person, and circumstance to circumstance.

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