Ottawa Interview for Temporary Visa Denied?

[netguy 0]

So my fiance's parents went to the Ottawa office to get a Temporary Visa to visit USA for their Daughter's wedding. However today was NOT a good day for the family, the consulate officer denied them entry to the USA as per letter they received stating "because they did not show strong ties to outside of USA" - even though the father has a job in Canada, a letter from his employeer showing that he works there, plus financial bank statement printed and a letter showing that a banquet has been reserved in USA. They lost near $400 for 5 minutes worth of consulate say NO.

The letter further state they are "InEligible for Nonimmegrant Visa, however they can Re-apply again but their is NO guarantee they can get approved."

Has anyone else gone through this in OTTAWA and what did you do to change that answer to a YES from Consulate? I just can't see how a consulate officer can deny someone when they have proof of all documents showing where they will stay, wedding date letter etc. its very wrong and sad.

p.s. There are a total of 3 people leaving from Canada temporarily coming to the USA for 8 days total.

Edited April 23, 2010 by netguy

[Darnell 8,478]

they must show strong ties to Canada AT THE INTERVIEW. Regardless of what they presented for THAT interview , they must prepare more and present more at the NEXT interview.

Canadien citizens don't need to apply.

Canadien permanent residents do, alas. I'm guessing it was 'the lack of solid evidence' plus the fact that they are not Canadien Citizens, that dinged them.

Sure, apply again, beef up the bits about strong ties to Canada. Good Luck !

Edited April 24, 2010 by Darnell

[Inky 1,110]

Are they canadian citizens? If they are why are they wasting money getting a visitor visa? Specially for 8days... They dont need a visitor visa to go to USA.

[trailmix 77]

I agree with Darnell - they need to reapply and need to beef up their proof.

Do they rent or own their property in Canada? If they own, bring mortgage documents, if they rent, bring a copy of the rental agreement. Do they have memberships to anything - like a Gym etc? Do any of them take classes? If so, bring proof of enrollment. Driver's license, health care card, proof that they have more than enough money for the 3 of them to support themselves while there.

Did the letter from the employer state when the Gentleman was expected back at work?

Try thinking outside the box a little bit. Also, you never mentioned if the other 2 people involved brought any proof of ties.

[netguy 0]

They all have a Permenant Residence Cards. also they landed in Canada Last year April 30, 2009. As for their daughter I am in process of completing her paperwork for Montreal interview where she will obtain a K1 visa hoping in June or July.

They brought with them their Rental Lease, a letter from work say the Father works at the company since so and so date, they brought with them their residency cards, health cards, fathers bank statement.

Can they go back and apply for another interview again because I was under the impression that they have to wait 6 months to get another interview date?

any suggestions would be great. thanks!!

I agree with Darnell - they need to reapply and need to beef up their proof.

Do they rent or own their property in Canada? If they own, bring mortgage documents, if they rent, bring a copy of the rental agreement. Do they have memberships to anything - like a Gym etc? Do any of them take classes? If so, bring proof of enrollment. Driver's license, health care card, proof that they have more than enough money for the 3 of them to support themselves while there.

Did the letter from the employer state when the Gentleman was expected back at work?

Try thinking outside the box a little bit. Also, you never mentioned if the other 2 people involved brought any proof of ties.

Edited April 23, 2010 by netguy

[trailmix 77]

There is a lot of information on this page:

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Personally? It sounds to me like they provided insufficient ties. Each item you have mentioned is proof of ties for the Father - what about the Mother and the 3rd person (is that your fiancee's sibling?)

Did they bring any proof of ties?

[netguy 0]

Your correct, the Father is the one with job and he also attends school at night. The Mother is a housewife and goes to school. The other is the youngest Sibling going to school only. They provided the consulate officer showing a documentation that they attend these schools. What else is there you think?

The father is the only bread winner in this circumstance. Would showing more money in the bank help at all ?

There is a lot of information on this page:

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Personally? It sounds to me like they provided insufficient ties. Each item you have mentioned is proof of ties for the Father - what about the Mother and the 3rd person (is that your fiancee's sibling?)

Did they bring any proof of ties?

[LIFE'SJOURNEY 970]

They all have a

Permenant Residence Cards. also they landed in Canada Last year April 30, 2009.

As for their daughter I am in process of completing her paperwork for Montreal interview where she will obtain a K1 visa hoping in June or July.

They brought with them their Rental Lease, a letter from work say the Father works at the company since so and so date, they brought with them their residency cards, health cards, fathers bank statement.

Can they go back and apply for another interview again because I was under the impression that they have to wait 6 months to get another interview date?

any suggestions would be great. thanks!!

What country is their passport from, b/c you have stated here that they are only PR of Cananda. They have only been PR's of Cananda for a year, then they haven't proved that they have strong ties to Cananda.

This is the crust of their problem.

[netguy 0]

Originally the passports were taken from Syria, the entire family came to Canada by a Canadian Sponsership in April of 2009.

Here's a full scan of the document they got today(pink copy)

Dear Applicant:

We regret to inform you that you have been found ineligible for a nonimmigrant visa under

Section 2I4(b) of the Immigration and Nationality Act. Under U.S. immigration law, all

applicants for nonimmigrant visas are presumed to be intending immigrants. In order to be

approved for a visa, applicants must satisff the interviewing officer that they are entitled to the

type of visa for which they are applying and that they will depart the United States at the end of

their authorized temporary stay. This means that before a visa can be issued, applicants must

demonstrate strong social, economic and/or familial ties outside the United States.

Unfortunately, because you either did not demonstrate strong ties outside the United States today

or were not able to demonstratethatyour intended activities in the U.S. would be consistent with

the visa status, you are ineligible for a nonimmigrant visa.

Today's decision cannot be appealed. However, you may reapply. If you have additional

evidence to demonstrate compelling reasons to depart the United States that you did not present

today, you may wish to bring that with you. Otherwise, you should consider reapplying after

there has been a significant change in your current situation.

If you do decide to reapply, you must submit a new application form and photo and pay the visa

application fee again. There can be no guarantee that you will receive a different decision. Only a

new interview can determine that.

What country is their passport from, b/c you have stated here that they are only PR of Cananda. They have only been PR's of Cananda for a year, then they haven't proved that they have strong ties to Cananda.

This is the crust of their problem.

[LIFE'SJOURNEY 970]

Originally the passports were taken from Syria, the entire family came to Canada by a Canadian Sponsership in April of 2009.

Here's a full scan of the document they got today(pink copy)

Dear Applicant:

We regret to inform you that you have been found ineligible for a nonimmigrant visa under

Section 2I4(b) of the Immigration and Nationality Act. Under U.S. immigration law, all

applicants for nonimmigrant visas are presumed to be intending immigrants. In order to be

approved for a visa, applicants must satisff the interviewing officer that they are entitled to the

type of visa for which they are applying and that they will depart the United States at the end of

their authorized temporary stay.

This means that before a visa can be issued, applicants must

demonstrate strong social, economic and/or familial ties outside the United States.

Unfortunately, because you either did not demonstrate strong ties outside the United States today

or were not able to demonstratethatyour intended activities in the U.S. would be consistent with

the visa status, you are ineligible for a nonimmigrant visa.

Today's decision cannot be appealed. However, you may reapply. If you have additional

evidence to demonstrate compelling reasons to depart the United States that you did not present

today, you may wish to bring that with you. Otherwise, you should consider reapplying after

there has been a significant change in your current situation.

If you do decide to reapply, you must submit a new application form and photo and pay the visa

application fee again. There can be no guarantee that you will receive a different decision. Only a

new interview can determine that.

That is exactly why the entire family was not granted a visitor visa, their ties to Canada is not strong right now, they have only been in Cananda for a year from being granted PR thru a special process (Canadian Sponsership).

Sorry, they can try again, but the decision may be the same.

[netguy 0]

Do you think if they wait another 2 months it would make a difference or not?

That is exactly why the entire family was not granted a visitor visa, their ties to Canada is not strong right now, they have only been in Cananda for a year from being granted PR thru a special process (Canadian Sponsership).

Sorry, they can try again, but the decision may be the same.

[LIFE'SJOURNEY 970]

How stronger will their ties be in two more months than it is today? That's what the CO will be looking at, they will still be PR of Canada. They still would have only been PR's for a year, and the entire family still would be trying to obtain a vistor visa at the same time. Plus, they now will have a daughter in the US who will be a PR of US. Their ties will need to be stronger to Canada.

What will be the changed element in the statements above?

[netguy 0]

Would opening another bank account help? what about purchasing a trip to Montreal to visit friends after wedding date(i.e. shows they are returning for that trip) ? how about their pets at the apartment ? I would prefer to start strong ties some how and am wondering what, I'm open to suggestions at this point.

How stronger will their ties be in two more months than it is today? That's what the CO will be looking at, they will still be PR of Canada. They still would have only been PR's for a year, and the entire family still would be trying to obtain a vistor visa at the same time. Plus, they now will have a daughter in the US who will be a PR of US. Their ties will need to be stronger to Canada.

What will be the changed element in the statements above?

[LIFE'SJOURNEY 970]

Netguy, step back and put yourself in the Co's postion, and look at what would aid you in granting someone a vistor visa. You know the key requirements are that they must have strong and permanent ties to their home country. Those ties must be stronger than any ties they may have to the visting country.

I can't tell you what would change the CO's mind in this situation, but I can say the entire family will not get visitor visa if they are interviewed together. This statement is based on what they presented to the CO at their 1st intervie.w Maybe the father can try for his vistor visa first, see what happen from there.

I know it's not what you want but, this is reality.

[trailmix 77]

Would opening another bank account help? what about purchasing a trip to Montreal to visit friends after wedding date(i.e. shows they are returning for that trip) ? how about their pets at the apartment ? I would prefer to start strong ties some how and am wondering what, I'm open to suggestions at this point.

I think life's journey has made some good points and given you good advice.

You mention purchasing a trip to Montreal to visit friends after the wedding - so I assume they haven't booked any travel yet so did not have that at the initial interview or submitted return tickets as proof.

If they really want to attend I would suggest they all have return tickets (pay a bit more and make sure they are refundable).

For the bank account - do they have enough funds in that account to reasonably support 3 people for the period of time they are staying?

For the Mother and Sister, what documents did they bring from the schools? It should be something that states that they are enrolled and that the classes continue until - whenever. When do they continue to or will they be out of school for a summer break at that point?

Did they bring a copy of the lease to their residence?

Did the Father's employment letter state that he had requested time off as of - whenever and is expected back at work on - such and such a date?

You mention they have pets, who is looking after them while they are gone? Perhaps they could get a letter from that person as well.

The thing is, as Lifesjourney mentioned, having only been in Canada for 1 year, their social ties are probably pretty weak. How did they come to Canada? Do they have other family here? If they have a family base, have them write letters as well, giving their contact information - stating they know this family and understand they will be returning after attending the wedding.

One other thing - you have no timeline - where are you in this process? The bottom line here may be that the family applied for a visa for a ceremony that is not even guaranteed to take place when they stated.