kirshan123

Please just to clarify, she did not cover up the issue of the 3rd child. if you think of it why would have she disclosed the 3 children on the university application clearly knowing that the counselor would check this information as it is available to them. The reason it was done was because the US born child did not require the I-20, (assumption). When the counselor asked why isn't the 2nd child going she told her that he will be doing so later, however at that point the counselor just asked for the submission of the records of birth of the children travelling and she didn't even ask for the details of the 2nd child who wasn't travelling. this was told by my spouse when she was called the next day and she told her that the 2nd child was born in the US because of family reasons, moreover the 2nd child had been registered as a local citizen and issued a green Pakistani passport, (as he is eligible to hold by law in Pakistan 2 citizenship's until he turns 21 and decides to forego any one). There was no miss-representation and from the 1st day, further she also told the counselor that our 3rd child was born in the country of origin and we didn't have any intention of going for immigration etc.

I have told her to look for universities in other parts of the world as it seems likely that she is being perceived as an immigrant. while she clearly is not intending, the ground reality seems otherwise.

best regards and thanks everyone for sharing your thoughts, it has been very helpful.

In a nutshell, I believe this is a zero sum game even if we have the utmost intent of not settling or desire for immigration as we do not have any immediate family except for a few distant relatives. the only way for her is to have sponsorship by the 21 year old child.

so the consensus here among all the members here is that, there is no way even if the bills are settled, they would still on account of the USC child refuse my spouse any visa type, i.e. B-1 or F-1.

So basically, this is what i have gathered from the discussion and the insight shared by all here who posted replies.

1. The odds are very slim, but after the dues are settled, the CO can approve if the suspicion is removed that there is no intent to immigrate. however this is unlikely because of a USC.
2. there is also very low probability for her to get visit visa until these suspicions are addressed
3. The other is for her to wait till the USC sponsors her.

I thank you all for the information shared, it has been indeed been very helpful.

I will keep you posted once she reapplies after settlement of dues and seek your help.

regards:

HI thank you for the queries, just to tell you once the university was apprised that we have 3 children but 2 of them are ones who do not have american passport the I 20 was issued for the only 2 children thus the university was told clearly in the application that we have 3 children,2 of which are Pakistan born. Thus the 2 children were issued I 20 for the F2 visa. when the visa officer interviewed she read from the application and asked that you have 3 children and you are taking 2 along? why is that, so she told the officer that the father is reluctant at this time to let go and the 3rd one will visit with the father who is to stay back and support.

About the comment the counselor made on sponsorship, it was that only the 2nd born child would now be able to sponsor for visa and that her name is now on the DBase and she would not issued a visa no matter from where she applied from the globe, my spouse in the very discussion also said that we have tried to settle the dues to no avail, however she responded that for medicare it cannot be reimbursed... and that she was ineligible until he turned 18 and sponsored. I think probably the fact that the 2nd child wasn't travelling and that the details pertinent to him her were not there made the visa officer suspicious. so the university application contained the details of 3 children and once the university was given proof of the income then the University issued 3 I 20 letters for spouse and 2 children.

lastly in her 4 trips to the US, she has never over stayed or broken any law.

so basically even if we do repay the dues the odds are slim of getting the visa, as there has been a breach of trust. Nevertheless shall try to clear her name by paying the dues and I understand the denial happened for a reason.

lastly please do need some advise as to how I can settle the hospital dues and medicare while I am here in my country or should I apply individually for a visit visa and then make a visit for settling the dues.

regards and thanks...

Thank you for responses, I am aware that there was a breach and it was not intended. and Boiler you have construed this correctly, but its not the financial aspect that I believe has let to the turn down. as during this period my spouse made 4 visits to the US, our 3rd child was issued the B1 visa as the 3rd one was born in the end of 2011 and the visa was issued in 2012.

I work for a very reputable bank and at a senior level, which the counselor was made of aware of and initially her documents were also taken for processing until the next day when she was called where she spoke and told the counselor about our 2 child, so I am guessing my spouse's veracity was taken in the light of concealment of facts and moreover that she used medicare.

Thank you for your immediate reply, I am sorry I forgot to mention that we had a visit visa i.e. there was a domestic problem due to which the relationship got ona rocky road and she traveled to the US with my elder child and gave birth... later as the reconciliation happened she came back and then we went to the US 2 times to have this resolved but couldn't. Now she is presently enrolled in a masters program and was refused the F1 visa because of the child birth in the US. I had not applied as I am a senior manager and will be financing her education abroad and my children were to travel with her.

Please advise as her admission will be gone to waste...

regards;

Dear community members,

I am sure you have had this topic under discussion on various posts. I seek some advise as to the Counselor refusal and the statement and I quote "ineligibility for life" although the rejection was on account of 214 (b). The birth of 2nd child in the US was under exceptional circumstances, it was never our intent to have a baby there but my wife and I developed severe differences during the birth of our 2nd child. consequently she traveled to the US and delivered the child with some support from medicare. later on our differences reconciled and subsequently we had our 3rd child back in our country. during the course of my visit with here to the US we tried hard to settle the dues but couldn't reach the records for settlement and were told numerous times even the health ombudsman we tried to reach for settling the dues to no avail.

This year my spouse applied for reputable University in a masters program all funded and sponsored by me and subsequently applied for F-1 visa for along with F-2 for the children accompanying her. In the interview she told categorically that our middle child is local citizen as we had his registration, passport and citizenship, the counselor advised my spouse to submit the documents of the 2 children who were locally born to the consulate. she was then called in the next day and she narrated the very facts I have mentioned above. the counselor replied that she was ineligible to apply for visa from anywhere in the globe until she had sponsorship from the US as she would be refused the visa. she spoke the truth as we never intended to have a child in the US and we told that to the counselor and this happened because of a family dispute that had given rise to differences between me and her and for the time she decided to go to the US.

I am in the process of reaching again the hospital authorities to settle the dues even if they have been settled by medicare/medicaid. I want to know whether she would ever become eligible given the fact that she did commit a mistake but it was not deliberate. she is employed with a reputable government agency and I am employed with a leading financial institution at a senior level. this is the whole deal and I could use some advise as she wishes to pursue her PhD and is now regretting the decision as it happened because of extraordinary family circumstances.

kind regards