caesarea

wow..i never knew they call people back for re-interview. that crazy. so what basically happened was that - your arrival and departure information was sent to the consulate? if your husband didn't file any petition on your behalf, were you only called back because you told them you were visiting for 2 weeks and stayed for 3months?

there are lots of people who stay beyond their original intended length of stay for several months. so do they call everyone who had stayed long than the duration he\she stated on the application for re-interview?

when you had your first interview, did they ask you to report back at the embassy when you come back the US and you didnt? i know someone from Ghana who was asked to report back at the embassy after he returns from the US.

this is really interesting.

yes it is very weird indeed. immediately after i received the email for a re-interview, I googled everything and I never saw an article about being re-interviewed after visa was issued and journey was performed. But i guess it is for the better, because I was planning to go back in July for my bday, and if the visa cancellation was done in the POE, it will be much harder.

I guess they did a random check and unfortunately they chose my name. They did not ask me to report to any embassy once I got into the US.

I don't think you get it: you returning home is not the only important factor in the consulate's mind. The fact that you lied at your interview is just as important to them. You're trying to rationalize it by saying you didn't want them to bother him but it is completely irrelevant. The fact you insisted on your second interview that you have known your husband for 10 years only makes it worse! Now it's clear as day in the CO's mind that it was all planned from the beginning. Had you met a new guy during your 2 weeks stay and decided to marry him, it would actually look better, as in unexpected and not planned ahead.

Anyway, what's done is done and I agree with other posters who advised you to file for a CR1 and get a lawyer, but with your husband's LPR status and the fact you'll most probably need to file a waiver after the interview, you going back to the US is not going to happen any time soon.

You can apply for a B2 again. But now that you've been flagged for misrepresentation, and you're married to an LPR, your chances are close to zero. If I were you I wouldn't even waste money on the fee.

Yep - i will leave it as it is. No more applying, its very stressful each time and I understand why they cancelled the visa, but I dont fully accept it. So since I cant do anything, I'll just go with what happened.

well if i went with the 2 weeks thing (met a guy and married him) i guess it will also be suspected of fraud - it cuts both ways, it doesnt go anywhere lol.

Too much thinking of this and I think its time to move on. CR-1 is for spouse of USC so I cant use that. This is just a very unfortunate event, and its funny that I wished i just stayed illegally. But i didnt. Lol.

thanks for all the replies.

I guess there is nothing left for me to do. Also, just stating that even if this situation was some sort of fantastical or unreal... it happened. And I am not going to change the story because people think its not real. Just so happened that it was seen in a different angle. But I respect all opinions stated. Its sad that despite of me going home, all other flags were raised. A lot of people do not go home after their intended visit and no one actually looks for them, and I, got re-interviewed. How ironic that is. But as I have said, there is nothing left for me to do at this point.

I'm sure you didn't mean to lie, they ask a lot of questions and answers can be confusing, you should have said the whole truth and you could have explained further if the officer asked about a specific answer. I'm sorry! Maybe try a spouse visa? It doesn't guarantee that you'll be approved though given your history.

Thanks! well i guess this is a done deal. Just feels bad that I went home and yet I get this. But yes, I'm not the officer so we see things at different light.

Things dont add up. When you entered the US on your tourist visa what did you tell the Immigration officer at POE. Then you tell us that your ex was waiting at the hotel or something to that effect. Then you stay 3 months, get married and you dont know anyone in the USA. No wonder the ask you back for a re-interview.

I was refused my renewal of my B2 visa when I told them I needed to visit my US girlfriend.

As you are now married shouldnt you be applying for a CR1 visa? But I think any application would be jeapordised now by the previous events.

I told IO at POE that I will be staying in NYC for 2 weeks, in a hotel. He (bf) knew that I was coming but I wasnt really expecting him to be there actually.

We actually did not file for any petition cause we are still undecided on where we are going to stay and raise our family. I thought we can just visit each other until we decide about things.

If you are refused a visa under section 214(b), it means

INA 214(b)

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..."

They considered that you did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for or did not overcome the presumption of immigrant intent demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay.A person whose US visa application was denied under INA 214(b) can apply again for a US visa. It is true that being refused under INA 214(b) will generally make it harder for you to get a US visa in the future, but not impossible.INA 214(b) is not a permanent bar.

You are lucky he did not stamp INA § 212(a)(6)©(i) Fraud or Misrepresentation.

Yes, I guess im lucky he just cancelled it with 214(b). It will be harder if i got the 212.

So I think they thought I'm an intending immigrant because of the duration of stay (3 mos) and being married to LPR.

But they didn't also see that I came back and did not overstay.

but anyway, things were already said and done. I cannot change them anymore.

Was wondering - what if i apply for a new visa and write down all the new information (civil status, immediate relatives in the US, etc). Would that be a good option?

PLaying devil's advocate here:

If you had broken up, how did he know your flight and arrival date/time?

A CO would logically think that you had contacted him. Of course, it is all possible that you have common friends and someone might have tipped him, but these are the kinds of things you would be asked in case you get an opportunity for a review of the decision or later if your now husband files a petition on your behalf.

Yes, we were in contact and I have said the arrival information to bf at that time, but I also booked myself a hostel and a 2 week return ticket, cause I wasnt expecting him to be there to pick me up.

WOW I hope they won't ban you completely for NOT telling them the truth that you REALLY know someone in US...it doesn't matter ex, enemy or whatsoever...deep inside you still know them.

I guess it's time to hire an immigration attorney...also make sure you didn't sign anything when they interview you. Because if you did your in big trouble. (By signing that you just admit you violated them)

the CO just asked me to sign an affidavit about what i did in the US. I personally wrote down all those information. Date of arrival in the US, how bf proposed, when, and other details. It's probably a test on how long I have known him, cause I think on that part he was trying to know if I really KNOW my husband. Initially his reaction when I said I got married - is that I just got married to a random guy I probably picked up somewhere lol. So I had to erase that fact and stated that I have known this person for more than 10 years.

About the ban he said something about ineligibility. But he didnt say much about it. He just gave me that 214(b) letter.

Does the cancelled stamp says 'Cancelled without prejudice' or just 'Cancelled', or something else?

THat answer will help other replies to your post here.

Additionally, as I presume you want to reunite with husband in the US, this is one of those cases you might want to get a good immigration attorney to sort out what has happened. I do understand that "knowing" someone does not mean the same for you (and myself as well) than what the form meant, but it is done and cannot be un-done. We can go on and on in that you could've gone on the safe side, etc; but that is not going to solve anything.

As before, if reuniting with husband in the US is the objective, he needs to get a good immigration attorney. Note that this does not mean the problem will go away or be solved, it only means he/you need to understand what is what you are facing and then make an informed decision about what to do next and what steps to take towards that decision.

The only thing you have going on your favor here -sort of- is that you actually left the US (as oppose to staying/overstaying) and that might help explain and justify the answer you had given before about knowing someone.

I wouldn't apply for another tourist visa, I'm afraid it will be denied and even taken against you afterwards.

Good luck

Hi - he just stamped 'Cancelled' on my passport. Nothing else. Also he handed me the letter for 214(b). He was saying something about not following what I wrote in the application form (purpose, length of stay, etc). Honestly I feel quite bad because I think I did what I had to do, I went back home and did not overstay. And yet, I got scrutinized over. I was thinking that the main concern is that if the person issued a visa will return home. I did, just that I had some other change of plans.

Yep.

But she would probably have been asked who she was visiting.

Hi - CO didnt actually ask who I was visiting cause I think I made that clear during the interview, that I am travelling alone and will spend time in NYC. But I do remember him asking if I knew someone. Again, my point of not bothering another person for my travel plans prevailed. If we were still ok during that time i would gladly say his name. and if i follow this logic, i should also say the names of the people that i work with. I just thought that saying all those names would be irrelevant since I did not plan on visiting him, nor my work colleagues (i didnt see anyone at work cause they are all over the place).

OK, it's very different! Then no, you don't have to mention a bf on the form. I suppose however that "do you know someone" is a question the CO asked at the initial interview, and he's basing the misrepresentation claim on that.

Yes - i guess this is pretty much what happened...

I don’t think you did anything wrong, no one is expected to write about the ex-bf on the visa application.

Unfortunately for you the event that took place show the other way, like no one would go from ex-bf to getting married. (not atleast logically)

So CO can assume you had the ongoing relation and you lied on the application and part could be related to the country of your application as well, in past when ppl have mis-used the visa and violated visa terms basically CO would put all the applicants in the same bucket.

I also think that this is what happened to me.

Well I got the visa mid 2011, and after the visa application, we started communicating again, but not to the level that we are in the relationship again. Isn't that possible? its not that I am hiding him from the immigration, its just that I dont want him to be bothered by someone about my plans of travelling. I dont want to use him as a reference if thats what they are looking for.

Your problem is - you have no formal ban that would prevent you from getting tourist visa, therefore you can't file any waivers. However, since issuing a B-1/B-2 visa is purely up to discretion of CO, with the history that you have (potential misreprentation, cancelled visa, husband being LPR of US) you will always get denied for immigration intent and lack of ties to home country - that does not prevent you from trying, just realize that's where you are.

hi - im just confused about having no ties... just that i left and returned home, isnt that proof enough that I have strong ties? or else I would have not gone home... BTW im not applying from Manila consulate

thanks!

do i need a waiver even if it was cancelled under 214 (b) i looked into the embassy site and there are no waivers for that. and that is the standard refusal for unable to demonstrate ties etc.. (just askin...)

Applying for a new tourist visa does not make sense unless you really want to spend the money - you will never ever get one again. Being, I would really hope you did not get a bar for misrepresentation - that one is for lifetime and you husband may need to move back to your country in this case..

Hi Kzielu

Thanks for your response - I was given a paper and it says something about 214(b). The officer mentioned about ineligibility but he said he will let me know. but when I asked him if I can re-appy, and he said, yes.

All i got is a cancelled stamp on my visa and a letter about that 214. how else will i know what is the documentation for the cancellation of my visa?

Well, I'm sorry but having an ex-bf in the US is knowing someone in the US. So you lied on your tourist visa application form by saying you didn't know anyone there. Had you told the truth, your tourist visa might not have been granted, which makes this lie material misrepresentation.

This is going to cause you trouble in the future, as in, you'll probably never be able to get a visa to the US now.

They don't care about "appropriate" or "we had broken up" or any of the excuses you are trying to find, there was a simple yes/no question and you decided not to give a truthful answer, I'm afraid you're now facing the consequences.

The number one rule is NEVER lie to a consular officer or on an application form.

Thanks Laure & Colin for your reply!

Im being pretty sensitive today (with your response i feel like im a monster for saying a No to a question that was supposed to be answered with Yes) actually I did not lie (deliberately). I am not aware that I should put on a person's contact information even if that person does not speak to me at that moment. If I knew that I should, then I would have written it in the form. really. I do not know what happens - what if they call that person and he does not entertain them? I did not intend to stay with him in the first place, so why involve him? that was the reason in my head, thats why i chose the No answer. If I chose Yes - then might as well ill just put all the information of my nth degree family members that I have not even met.

Hello everyone!

I have been reading the topics in this forum but I haven't come across the same situation as I have. Here it goes, and please point me into the right direction. I'm about to lose my mind!

I have a bf (now husband) in the US and he is an LPR. We were both from the same country and we have known each other since 2000. We have been in a relationship since 2007.

When he migrated to the US, things became harder and we somewhat broke up for a few months last year. During that time, I decided to apply for a US visa. There is a question there if I knew someone in the US. In all honesty, I don't know people in a personal level - I got my colleagues but I doubt they will be willing to give their personal information so I can write it down in my form. I also have relatives that are on the nth degree and I haven't even met them. In that point I was confused if - should I write the names of these people down? Also, I didn't write my then ex bf information because I dont think that it was appropriate.

So interview date came, they asked me all the information, and of course they asked if I knew someone in the US. I said - no, because I believe that knowing these people's names (colleagues and nth degree cousins etc) are not enough for me to declare that i know someone from the US. Fortunately, they approved my visa. I was given 1 year multiple entry visa.

After a few months, me and my bf started talking again, but we havent really regained the relationship. So I went ahead and travelled to the US at the end of October, I booked a return ticket, just for 2 weeks, and even booked a hostel in NYC. I was admitted by the officer and to my surprise, there he was, my bf, waiting for me outside. So then I decided to stay with him at his apartment and while we were traveling, he popped the question. Course I said Yes.

So the rest is history. We got married, I ended up staying for the holidays, visiting places and shopping. BTW i was given a 6 month entry at the POE. I went back after 3 months of staying in the US.

After a month of departing the US, I got an email from the embassy asking me to drop by for a re-interview. I was nervous as hell.

The officer asked me how long I stayed in the US, and what I did. So I said I got married - then the discussion started. He even made me write an affidavit about me, my marriage and my husband. It was a stressful talk, and he ended up canceling my visa ( i still have a few months left, was planning to go again this July for my bday). Anyway, I am confused because he was saying something about misrepresentation. In my understanding and what I read about in this forum, is to give false information in order to get a visa. I tried my best to give out all the information needed during my visa application, and he kept on saying that I have a bf in the US and I put in the application that I do not know anyone. How am I supposed to put in the information of my then ex-bf? I dont think that will be appropriate, and I also did not intend to stay with him. Everything that happened in my stay in the US was spur of the moment (but we are still both happy). Also, he said that I put in the application form that I only intend to stay for 2 weeks, and I ended up 3 months. So I guess the thing is - the itinerary that was written down in the application form is supposed to be followed, word for word.

Also, the officer was mentioning something like ineligibility for admission but he said he will let me know about it if there is a bar on me - but he gave me a form about 214 - which is about not being able to establish ties to home country. If I violated 214, then why did i come back? Then quoting him regarding misrepresentation, I said that during the visa application, me and my bf broke up, but he didnt want me to write it in the affidavit. he said that I can say that to the officer that will do my next interview should i decide to apply for a new visa. He also said that I am welcome to apply for a new B1/B2.

Anyway, Im just saddened by what happened, despite of all the honesty, this thing happened.

Should I try to apply for a new visa? or will that agitate them and give me a bar instead? Any thoughts will be appreciated.

Thanks in advance.