Is a previous visa denial a problem?

[confusedasheck 21]

My friend introduced me to his niece. After corresponding with my her, I am starting to have concerns this whole thing.

I learned that she applied to study abroad in the US 5-6 years ago, but was denied a student visa. Her uncle in the US agreed to sponsor her. Her mom's side of the family lives in US and her dad's side of the family lives in Vietnam. They own several houses in HCMC, which she presented at the interview. She said they asked for a bank statement for her family finances and that she didn't have one at the interview. The Consulate did not believe she had strong ties to return to Vietnam. So the consulate denied the student visa.

Since then, she has worked, learned English (not yet fluent, but conversational English skills are good IMO) and then enrolled in school and is currently a student set to graduate in 2012.

Reading the info at VJ, I see several items that that I should be concerned about.

- Introduced by her family memember

- Introduced by my friend and co-worker

- She has a previous visa denial

- Family in Vietnam receives some financial support from US family members. This how she pays for school.

- Would her current studies be perceived negatively by the US Consulate in HCMC?

- Would her finishing school be perceived positively by by the US Consulate in HCMC?

Are my concerns valid?

[amykathleen2005 441]

Denied tourist/student visas have no impact on family visas.

[luckytxn 2,264]

My friend introduced me to his niece. After corresponding with my her, I am starting to have concerns this whole thing.

I learned that she applied to study abroad in the US 5-6 years ago, but was denied a student visa. Her uncle in the US agreed to sponsor her. Her mom's side of the family lives in US and her dad's side of the family lives in Vietnam. They own several houses in HCMC, which she presented at the interview. She said they asked for a bank statement for her family finances and that she didn't have one at the interview. The Consulate did not believe she had strong ties to return to Vietnam. So the consulate denied the student visa.

Since then, she has worked, learned English (not yet fluent, but conversational English skills are good IMO) and then enrolled in school and is currently a student set to graduate in 2012.

Reading the info at VJ, I see several items that that I should be concerned about.

- Introduced by her family memember

- Introduced by my friend and co-worker

- She has a previous visa denial

- Family in Vietnam receives some financial support from US family members. This how she pays for school.

- Would her current studies be perceived negatively by the US Consulate in HCMC?

- Would her finishing school be perceived positively by by the US Consulate in HCMC?

Are my concerns valid?

Yes all your concerns are valid. Yes they will look at many things to consider a visa. Should you stop the process now because of these concerns? I say NO but only you can say this. I had many of these concerns also and more and even had myself convinced that I was due for a denial after many from this very forum sent me messages telling me that I was doomed. Somehow I was able to get a fiancee and get her here and marry. I am extremely happy and pray to God almost daily thanking him for this.

I will say though that you seem to stress easily and for what is really minor stuff at this point. The stress level goes way up after the visa application is sent and increases as the time goes along so you may want to rethink if you can handle the future stress and aggravation.

[Deputy Purple 1,294]

Denied tourist/student visas have no impact on family visas.

What is true in England doesn't always apply in other countries, especially when you're talking about a high fraud embassy...

[VinhBao MyTam 3]

Hm, I would like to piggyback on this question. My fiancee was denied a student visa about 10 years+ ago and the reason was that her brother was currently in the US on a student visa and I guess at that time they didn't like to approve siblings at the same time like that. In addition, her mom, who is here in the US, has already petitioned for her to come (although that is a 7-8 year wait)... do either or both of those reflect negatively on our chances for approval?

[confusedasheck 21]

@luckytxn, despite what it might seem like, I'm actually not stressing right now. I like to understand exactly what is involved in something before doing it. I'm in more of a fact-finding mode right now.

I'm trying to understand the whole process, the requirements, pitfalls, red flags, etc before commiting to something like this. I also need to see if I can afford everything( multiple plane tickets, phone calls, possible lawyer fees, etc.). Once I understand everything, I can then make a better decision.

[confusedasheck 21]

@VinhBao MyTam ,

I call tell you that the US consulates still don't like siblings in the US at the same time. My friend from South Asia was telling me that his friend applied to study in the US last year, but was denied because his sister was in the US studying and never visited home in 4 years.

My (limited) understanding of high fraud embassies is that they will check if the current petition is a way to get around the previous visa denial.

[Kevin and 10]

Hm, I would like to piggyback on this question. My fiancee was denied a student visa about 10 years+ ago and the reason was that her brother was currently in the US on a student visa and I guess at that time they didn't like to approve siblings at the same time like that. In addition, her mom, who is here in the US, has already petitioned for her to come (although that is a 7-8 year wait)... do either or both of those reflect negatively on our chances for approval?

Tuyen's brother petitioned for her and her siblings about 8-10 years ago. At the time of her rebuttal interview the petition was at HCMC, so they knew about. Her brother's petition was never an issue. I believe they asked about it though.

[utst10 0]

"My (limited) understanding of high fraud embassies is that they will check if the current petition is a way to get around the previous visa denial. "

I think you answered your own question. You should expect such a red flag. When I got married, I brought with me my best man.

He married my wife cousin, who was also denied a student visa back in 2005. I will let you know what happen to them.

He is completing his NVC process. His wife should have her interview in late March or so. I'm interested in how it will turn out.

From what I have heard, once you are denied a visa in Vietnam (any type of Visa), it is very difficult to obtain another one.

[vuster 0]

my wife was denied a student visa in 2006. she failed her interview in 2008 (for CR1), but it's because of other reasons. we submitted our rebuttal and she passed her second interview in 2010.

[confusedasheck 21]

That makes me feel better. I think if she graduates first, that will make the reason disappear. I'm going to continue with it.

I have to thank the people who made this site. HCMC and US immigration are not what I expected. I'm glad I found this site beforehand.