Visa Denied - US Consulate Mumbai

[CLMIKE 22]

The B2 denial was because they didn't feel she have strong enough ties to her home country.

I guess my fear is that because they ask you if you've ever had a visa denied, they are going to ask you that, and it would be an automatic refusal at POE, regardless if ESTA is accepted or not.

[Boiler 46,273]

Sorry if I am asking, when he applied for B-2 visa, did he put your name as a person he would come to visit in US? There was another VJ-er here that her fiance visa got denied because she did not mention his fiance name on the application when applied it. Her approval B-2 visa eventually was revoked and they filed spousal visa now.

For example, if you started dating him around 2010, he applied in 2011 but he did not mention your name there and got denied for some reason. When you filed I-129F for K-1 visa, let's say 2013 and putting timeline when you both were started dating and they found out that your fiance applied B-2 visa was actually wanted to visit you but failed to mention it.

That's why they have box there asking applicant if they ever been refused visa and when it did happened. I would guess, probably that's a red flag for him for not disclosed his intention come to visit in US and a tiny possibility reason why his K-1 visa was denied. But that's just my 2 cents, I might be wrong about this. -Every cases, countries, circumtances of applicants are treated according to their requirements.

I am really sorry for what happened to you. Be strong there.

There are plenty of more obvious reasons for a denial.

[Boiler 46,273]

The B2 denial was because they didn't feel she have strong enough ties to her home country.

I guess my fear is that because they ask you if you've ever had a visa denied, they are going to ask you that, and it would be an automatic refusal at POE, regardless if ESTA is accepted or not.

That is normal if you are otherwise eligible for the VWP.

If it is a standard holiday then whilst it is always possible, it would be very very unusual.

They let me in.

[AFT...Ths 1]

Sorry if I am asking, when he applied for B-2 visa, did he put your name as a person he would come to visit in US? There was another VJ-er here that her fiance visa got denied because she did not mention his fiance name on the application when applied it. Her approval B-2 visa eventually was revoked and they filed spousal visa now.

For example, if you started dating him around 2010, he applied in 2011 but he did not mention your name there and got denied for some reason. When you filed I-129F for K-1 visa, let's say 2013 and putting timeline when you both were started dating and they found out that your fiance applied B-2 visa was actually wanted to visit you but failed to mention it.

That's why they have box there asking applicant if they ever been refused visa and when it did happened. I would guess, probably that's a red flag for him for not disclosed his intention come to visit in US and a tiny possibility reason why his K-1 visa was denied. But that's just my 2 cents, I might be wrong about this. -Every cases, countries, circumtances of applicants are treated according to their requirements.

I am really sorry for what happened to you. Be strong there.

When he applied in 2011 to come to visit we used my mothers name, as she was his sponsor (she has more assets than me). Maybe your right, it's possible the two names might be throwing them off. We did check the box saying he was denied the visa.

Thank you, thats a good point.

[Boiler 46,273]

Tourist Visa's do not have sponsors.

Which could have been a reason for the refusal as well.

[CLMIKE 22]

Wait...Boiler...you had a denied visa in the past and got in on ESTA and VWP?

Well I'll be damn

Ah well, no regrets, we're working on the K1 anyway and already sent off the I-129F

But it might not hurt to apply for an Esta after 6 months to see if she'd be approved. She could always tell the POE officer it's to help plan the wedding, and if I have a copy on hand by then, maybe she could even show them an NOA2 so they know she'd go back home. Might help POE clearance...

[Boiler 46,273]

Mine was pre ESTA, not so much info available back then.

You will find plenty of threads from post ESTA, I went to Secondary where they were quite apologetic, Secondary seems less common now with a re approved ESTA.

[iamwhatiam80 92]

I am sorry to hear about your case. My 2 cents is that the CO probably suspected a fraud in your application and returned it to USCIS.

I think your option is to get married and apply for a Cr-1

And yes Boiler is right, there is nothing called a sponsor in a visit/tourist visa. Its based on an individuals situation and as per his/her merit.

[Harpa Timsah 13,258]

OP: I don't think that going over on one more trip to marry is going to give you a different result. That's a bare minimum, one visit for K-1, then one more visit for marriage after denied K-1. You should try to spend more time with your fiance in person, that's the biggest thing you can do to make things go in your favor.

Take your kid along, it'll be the trip of a lifetime.

And btw, if your kid is 17, then why does he need care? First you said you need to take care of a mom, then you said you need to take care of a son, then you said your son is 17.

Edited October 2, 2013 by Harpa Timsah

[Boiler 46,273]

I did wonder, also how old the Mother is........

[Harpa Timsah 13,258]

I did wonder, also how old the Mother is........

The mother has more assets than the OP, also.

[Boiler 46,273]

And the SO presumably.

[Billyk 6]

Sorry to hear that - one thing I experienced that the Attorney can be helpful (may be) but the best option would be to take a flight and get married. It will be faster than following the K-1 proceedings.

[AFT...Ths 1]

OP: I don't think that going over on one more trip to marry is going to give you a different result. That's a bare minimum, one visit for K-1, then one more visit for marriage after denied K-1. You should try to spend more time with your fiance in person, that's the biggest thing you can do to make things go in your favor.

Take your kid along, it'll be the trip of a lifetime.

And btw, if your kid is 17, then why does he need care? First you said you need to take care of a mom, then you said you need to take care of a son, then you said your son is 17.

He is 17 and I can't very well leave a 17 year old alone and travel 8000 miles to a foreign country, secondly I do take care of my mom as well, she is 70 and is on set dementia. Can I leave them for a couple weeks to go to India, sure. But I can't do it multiple time and like most people I have a full-time job. For some maybe it's easier to get away, unfortunately not for me.

So Harpa, are you saying that if I do decide to go to India this Dec and get married, our result will be the same. Denied?

Sorry to hear that - one thing I experienced that the Attorney can be helpful (may be) but the best option would be to take a flight and get married. It will be faster than following the K-1 proceedings.

That's what I am starting to think too.

[AFT...Ths 1]

I did wonder, also how old the Mother is........

My mom is 70 and I am seeing now how much of a mistake it was.We were already aware how hard it was to get a tourist visa and we thought someone of who had life experience, with some assets and income would look better. Our mistake.

And, you can have sponsors for B-2 Visas, we did.