F-1 visa denied under 214(b)

[youngwind 0]

Hello, fellow immigrants and non-immigrants!

I'm Ola. I'm Polish, but live in Ireland. I have been permanently employed in the country, and I also own a multiple entry B2 visa already. I was in the U.S. three times, always coming back. Recently I decided to try for an F-1 student. I got accepted into college in California for Spring semester 2014. I got all the necessary documents and prepared my own as well. I also have a friend for a sponsor. It happens we're male-female friendship, which automatically puts us in a suspicious situation, which I totally understand. I would like to explain our case, if anyone is willing to read, and maybe help, even if just in a small piece of advice.

We've been friends for three years now. Every year I fly out to visit him and his girlfriend in California and they also visit me in Ireland. We basically hang out in person whenever we get times off at work. Whenever they host me at their house in California, we always go out places and have a lot of fun.

I got accepted into community college in SoCal about 3 weeks ago for English and Literature studies, which I always dreamed of studying. My friend sponsored me, though, because my minimum wealth job hasn't provided me the chance to save enough for the college. He's a very responsible person, with a great stable job, and out of pure good and willing to help, he decided to invest in my education in the U.S. Both him and his girlfriend wholeheartedly meant to just simply help me. My school could not be sponsored by any of my family members, since they're not wealthy people; I still have to support them every now and then when they need money and I'm always willing to do that. Doesn't matter if I earn a lot or not. Family is a priority.

My F1 visa interview took place yesterday and got denied under section 214(b), where I did not present ties strong enough to both origin and residence countries. The fact that I think had the strongest impact on the decision, though, was that my friend sponsors me for the large amount of money, is an unmarried young man, also willing to host me at his home during the time of my education. I think the consular office automatically assumed that I want to marry him and stay in the U.S. He didn't say it straight, but I could clearly read between the lines. Now, he said that based on current circumstances, he cannot grant me a visa.

School semester starts in February 2014. I'm more than sure I won't be able to reapply and make it by then. I want to give myself some time, though, to maybe explain the case differently. I don't want to change the sponsor, because I just can't. He's the only person willing and being able to genuinely and selflessly help me.

Did any of you come across similar situation and has at least a small idea on how to overcome this and maybe make the case stronger? I would be really grateful for any help.

Thank you,

Ola

[Janelle2002 3,865]

You need to overcome everything that was brought up in the interview.

One, apply for a loan and sponsor yourself financially instead of having him to sponsor you.

Two, apply to live on campus, or show you proof that you have applied to in an apartment instead of with your friend, because truth be told, it does look suspicious even if it is not the truth, sorry.

Three, you need to show ties to the country you are living in or your home country. If you have no intentions of going back to the country you are currently in you need to let them know this and show sufficient ties in your home country, house, parents, letters of employment once you complete school, something.

If you do intend to return back to the country you are in now and not your home country, you need to show evidence that you are able to abandon your home country, like a residential visa or that you have actually abandoned your home country.

You have a lot to overcome and until you do so you will not be able to get a visa.

[youngwind 0]

Hi Janelle,

Thank you for the response. My denial pretty much opened my eyes on my own case and made me want to "bite" it from the other side, learn more about it. I probably made the steps too fast and my previous easy and smooth tourist visa issuance process, made me think that this one will be just as successful, without really thinking that this is a completely different case, and a case very hard. As wholeheartedly truthful the case is, in the eyes of the U.S. law it's simply impossibly ideal.

Thank you for suggesting all of the above. I actually did get a letter from my employer, stating that I will be re-hired upon return, on which the officer did not look at. All the information in my application made him wonder more and my sponsor was the one he was mostly asking about. "Is he your fiance?", "Why just a friend would want to give you so much money for free?", etc. He basically assumed that someone wants to make my life in the U.S. better. It makes sense from the officer's point of view, since he doesn't know me.

I can clearly see how much there is to overcome, but since there is nothing for me to hide or be scared about, I want to try again and keep fighting for it. A loan is a good idea and I might schedule an appointment with my local bank representative for an interview, to see how much I qualify for. I will also try for a room around campus or apartment nearby.

If anyone has any other idea, I would be very grateful for the slightest help.

Thank you.

[KaeR 1]

Ola, they typically assume immigration intent unless you can prove otherwise so having nothing to hide is not the right approach.

However, keep two things in mind, that denial probably decreased your chances to get another F1 in the future and you may have difficulties upon your next entry to the US on a tourist visa.

[Boiler 45,887]

What is your current level of education.

[youngwind 0]

Hello again and thank you for the responses again. I know that I might have problems travelling to US, that's why I want to give myself some time before I actually do it at all. Any actions way too quick would only hurt my case.

Boiler, my current level of education is only high school. I moved to Ireland to work being only 19 years old, right after high school. I am 24 right now,almost 25.

[Boiler 45,887]

You are living in the land of James Joyce.

Have you thought of doing a course locally?

[youngwind 0]

It's a land of terrible weather and fall season all year long, too.

You know, I don't really want any courses around here, since American English is what I'm utterly in love with. I got accepted to study English out there, which made me even more excited, because I simply love analyzing American accents, learning about them, plus learning about US history and literature. Irish courses, from what I've heard from friends, aren't very good. Also, studying in the US puts me in a better position on the job market upon in return, as well. In Poland I would be a lot more valuable than if I studied in Ireland. Being somewhere else for the time of studies also makes me feel better, because really, it is tiring to be cold all year long.

[Boiler 45,887]

community college in SoCal about 3 weeks ago for English and Literature studies

i think you need to re think, that is not going to get you anywhere.

[youngwind 0]

i think you need to re think, that is not going to get you anywhere.

Oh, to be honest, those are the studies that will get me where I want to be in Poland once I'm done in the US- English teaching. For some strange reason, ever since I was a little girl, I always wanted to be teacher. Associate's Degree won't let me teach in high school, but once I'm able to get a Bachelor's Degree, that changes the story. In Ireland, you can become an editor, or you can get into journalism, which is not something that doesn't take me anywhere. Knowing English perfectly does help a lot. Some extra courses and tests can also help you become an official translator, which also sounds appealing to me, since I speak Polish fluently, and fro my country's current level of employment (REALLY bad), this is on of the highest paying jobs.