Reconsideration of Denial

[luis_bici_ 4]

I am a USC and my girlfriend was recently denied an F-1 visa in her interview. We told the truth on everything including our relationship. I know that a visa isn't a right, but I feel that for $140, a fair interview is. I'm not saying that the CO was deliberately unfair, but I think the CO decided that the boyfriend relationship was enough to deny the visa without looking at any ties to the country. My girlfriend was upset because she spent a lot of time on getting things together to show ties to the country. We plan to ask for a reconsideration based on that ties to the home country were not even given a chance to be presented. I would be happy with an honest reply stating that a new application would be considered fairly. The letter would come from my girlfriend, of course. Are there any suggestions, ideas, etc. out there? They would be greatly appreciated. I would also like to write my own letter to be sent at the same time stating my occupation (teacher) and length of time with my current employer (9 years)-I would be attaching a verification letter from my employer too and indicate that if my intent was to "hide" an immigrant, it would be quite difficult for someone in my position. I would like to state our general intent in this is so that she can learn English (thus greatly improving her chances of employment in her country)and so that we can continue getting to know each other (otherwise we can only see each other during my vacation times)- though there has been talk of marriage, we are not at the point of getting engaged, but we do want to continue our relationship in a personal manner (not a day's trip away), so that is why we are not doing a fiance visa. Both of my parents have passed away, but her mother is still alive, and she is close to her mother, so it is also reasonable to believe that if we married we would do so in her country- Venezuela. So, please share your thoughts if you feel you have insight into this situation. Thanks in advance.

[TeapotGirl 66]

she must focus more on the "ties". If she's trying to get in there to be a student, then she must present enough money and sponsorship from a university or organization to support her intent.

Edited October 6, 2011 by teapotgurl1983

[canadian_wife 1,822]

I wouldn't even write a letter, I'd let her focus on her ties - nothing to do with you, she must qualify on her own.

Yes, a boyfriend in the US is enough to deny. That often shows immigrant intent, or a desire to use a non-immigrant visa to immigrate to the US, which you cannot do.

Sadly, I know you don't like it, but she'll have to try again and qualify simply on her own

Good luck

[luis_bici_ 4]

I wouldn't even write a letter, I'd let her focus on her ties - nothing to do with you, she must qualify on her own.

Yes, a boyfriend in the US is enough to deny. That often shows immigrant intent, or a desire to use a non-immigrant visa to immigrate to the US, which you cannot do.

Sadly, I know you don't like it, but she'll have to try again and qualify simply on her own

Good luck

Wouldn't presenting my position help establish that our intent is not immigration, though- since that's where they're making the assumption that she plans to immigrate?

[Brother Hesekiel 2,236]

You seem not to understand: it has nothing to do with you.

Actually, it does, as the mere fact that a young, nubile girl from Venezuela is shagging up with a U.S. citizen already works against her. Why did you even bring this unfavorable fact into the equation? It's one thing not to hide something, but another thing to jump into the picture when somebody is trying to take a photo of the landscape.

As a foreigner asking to be considered for a student visa, she has to show strong ties to her home country, the ability to pay for the tuition and related costs during the time of her studies, and at no point during this should an American boyfriend enter the picture. If it did, it was a mistake. Did you perhaps submit anything that would indicate that you'd be the one supporting her while she's in school in the U.S.? If so, big mistake.

The best thing you can do is to disappear from the picture and let her try again next semester, without you interfering.

I apologize if this sounds harsh, but if she wants to play and win, she needs to know the rules of the game, and so do you. For you the rules require that you cease to be in the picture.

[Boiler 45,525]

I would be happy with an honest reply stating that a new application would be considered fairly

Do you expect them to say otherwise?

[Noah Lot 391]

CO's have seen the English as a Second Language visa request as the most common way to circumvent the K-1 process thousands of times it is not an unknown strategem...the chances of your Venezuelan girlfriend returning to her country after 6 months of English language classes is roughly the same as the sun burning out tomorrow....and the CO's know this. Your pedigree, education, bank account, etc, does not mean anything as it relates to the CO being convinced she would return instead of 'suddenly' changing her mind (which usually occurs about 3 minutes after baggage claim) nor can any congressman or senator 'order' visa issuance...and no letter from you will have any positive effect. And the fact that you were 3000 miles away when the interview took place makes it difficult to believe that you know exactly what transpired during said interview...and the CO likely has many more interviews under his/her belt than you have...so who is the expert? Better to just grit your teeth and file the K1, even though it will take about 6-8 months to acquire.

Edited October 7, 2011 by Noah Lot

[Noah Lot 391]

Also, there is no such thing as a 'reconsideration'...once the decision has been made, if she wishes to reapply, that she can do....and as to any other documents she may have presented (or not), there is NO document that can guarantee that she would depart the US at the conclusion of her studies....if there were such a document, every visa applicant on the planet would have one clutched in their hands, and COs would have nothing to think about.

[Harsh_77 718]

There is no such thing as reconsideration, she can apply again but as most have mentioned in the earlier post your gf needs a solid reason why she would want return back to her home country.

Logically would it not be easy and lot cheaper for her to join some college or classes to learn English in her home ocuntry then to fly out to US and stay in US?