F-1 Student Visa Rejection - 214(B) Presumption of Intent

[Begsby 0]

Hello,

I'm asking some questions here on behalf of a friend who is in the process of trying to secure a F-1 Student Visa, but was unfortunately rejected under 214(b). The embassy interviewer told him that he did not have sufficient funding and ties to his home country. He wants to try again, but isn't sure how to show strong ties to his home country, nor how much funding they are looking for.

As for funding, at the time of the application he had 110% of the required amount as stated by his university. He had an official bank letter stating the balance was available in cash in a standard checking account, so I assume it was the amount they worried about rather than how it was stored. Does he need 120%? 150% 200%?

As for ties to his country, this is probably the most vague section of the requirement. According to the guide here and the web it includes:

Your job;

Your home; and/or

Your relationships with family and friends.

He has a very good job, an apartment, and strong ties to his family, friends and community. But how do you show this? What evidence, paperwork, proof, etc. is the embassy looking for?

For example, how do you use your current job to show a desire to return? Do you simply say "I have a good position here and I plan to return to it"? Do you have to get a letter from your work saying they will take you back after your studies? I would think that most employers would not be willing to do that, and in fact you could lose your job by telling them you plan to leave for X years to study abroad soon. What type of 'Home' are they considering....I have never read that only homeowners can study in America, I mean, it seems like many young people without homes and people with apartments end up going, so what do they want to see? Same with family and friends...everyone has family and friends, what makes an especially strong tie and how do you show proof of it?

He is wracking his brain now trying to think of ways to show stronger ties, but he isn't sure what the embassy is actually looking for.

Also, I've read a few places that you have to wait X days before you apply again, such as 20, 30, or 60 days...although the embassy just said you can apply again any time. Anyone have any direct information or thoughts on that? He is worried that if he waits too long, his I-20 validity time will expire before he gets the visa and arrives in America.

Anyway, I'll do some more research on my own but I'd love to hear what others have done in the past that was successful.

Thanks!

[Penguin_ie 5,995]

On the money- did he have 110% of fees, or does the university have a recommended "living cost" too? Remember he won;t be able to work so needs significant savings for that too- rent, food, bills, buying a car, going home for holidays etc....

Showing ties to home can be difficult for a multi-year university course. Having minor kids or elderly parents can be one, or owning a business/ planning to work in the family business. How is he financing this? If he gets scholarships from home, or possibly his job is part-financing with the understanding he wil return to that job and use his new foudn knowledge, that can help.

He can apply again asap, but there is little point unless he has better ties.

[Begsby 0]

On the money- did he have 110% of fees, or does the university have a recommended "living cost" too? Remember he won;t be able to work so needs significant savings for that too- rent, food, bills, buying a car, going home for holidays etc....

Showing ties to home can be difficult for a multi-year university course. Having minor kids or elderly parents can be one, or owning a business/ planning to work in the family business. How is he financing this? If he gets scholarships from home, or possibly his job is part-financing with the understanding he wil return to that job and use his new foudn knowledge, that can help.

He can apply again asap, but there is little point unless he has better ties.

110% of the total estimated costs, including living, misc. expenses, etc. If necessary, he can probably gather funds up to 150% of estimated costs.

He is financing this entirely with savings, there is pretty much zero chance of a scholarship or his job saying they will pay for it.

He has two parents who are elderly (for his home country, anyway), and one of them has a serious medical condition and cannot work. He has been supporting them along with his brother for some time. Would showing that support and that connection be considered a strong tie? And, if so, how do you best 'prove' it? Medical records? Expense records?

He doesn't own any property although he has spent some time and money repairing his parent's home and also buying new items for it.

He has strong ties to his local religious organization and is extremely active there, but what is the best way to show it?

Thank you for your replies.

[Begsby 0]

So far he has gathered the following documents, any comments on the validity, strength, etc. of these?

-Letter from religious organization stating his strong ties, leadership, and their belief that the education will be an asset to the church on his return. They may also write a letter offering him full-time employment, but it hasn't been decided yet.

-Medical records confirming serious condition of elderly parent

-Bank records showing the monetary support of said parent he has been providing

-Records showing family owns property (not in his name though), and records showing that he has been helping to maintain that property through extensive repairs & purchases

-Further bank records showing 150% of required funds (i.e. the amounts that the school says are required incl. tuition, books, boarding, misc. living expenses, etc.) in cash in personal savings account

-Records showing he has previously purchased a few thousand in precious metals that are currently at home (was thinking this would count as 'investments'?)

-Records showing he previously went abroad to another country (not America) for work and studies, and came back at the end of his contracted term there

-Records showing his family members have studied in America and returned from their programs in the past

These are the records we are working on now

-Letter stating an open job offer from either current employer or another employer after returning from his studies

Some things I have seen suggested but have not been able to find any reasoning for;

-Tax records - he can provide these, but to what purpose?

-Photos showing ties to family, friends, organizations - I haven't seen this mentioned anywhere else, so it seems like they don't care about those kind of things....but do they?

-List of companies at which the education he hopes to receive will directly benefit his career - this seems tenuous though....

Generally, we are struggling with what constitutes 'valid' documentation, for example if you show receipts for repairs on a house, is a copy enough? Do you need the original? Does it have to be signed by a notary in some way or come with an official letter from the company that did the repairs?

Anyone got any other suggestions, thoughts, ideas or comments?

Edited June 13, 2013 by Begsby

[Begsby 0]

Bump, I'd love to hear some other's personal experiences with what types of additional documentation they gathered before a successful F-1 visa interview.

[milimelo 4,535]

And his home country is?

[Begsby 0]

And his home country is?

philippines