Possible reason for this F1 refusal

[sami4002 0]

Hi all,

I'm planning to apply for 3rd time for F1 visa based on acceptance in intensive TOEFL preparation course and after that plan to do Masters in engineering. I also worked last 2 years outside my country on 4/4 weeks schedule with global firm ( 4 weeks abroad then 4 weeks off at home). I also have been to the US 4 times before and had clean record with immigration ( no overstay or attempt to change status...etc). I also was married to US citizen but we divorced and I never applied for green card.

Why do you think I'm refused now???! could it be the VO thinks I was living abroad (I never did) ? should I bring this fact to his attention if he did not ask about details or what? Please help.

[jan22 3,056]

It is more likely you were refused because the visa officer could not see you had any reason to return to Libya after you completed your studies and/or doubted your financial resources to pay for the course of study.

[sami4002 0]

Thanks for the comments. Actually I have scholarship from my gov that covers everything plus I have enough personal funds to cover all expenses. I think they mistakenly taking it as if I have lived outside home country for job which I did not. Any thoughts?

[NancyNguyen 1,658]

Got married to USC before, that is a huge flag of immigrant intention. Chance is slim to none.

[sami4002 0]

Getting married to US citizen while in in the US and not applying for green card should be in my favor since I had the chance to immigrate if I wanted. Don't you think?

[jan22 3,056]

Thanks for the comments. Actually I have scholarship from my gov that covers everything plus I have enough personal funds to cover all expenses. I think they mistakenly taking it as if I have lived outside home country for job which I did not. Any thoughts?

You missed the part of my answer where I suggested perhaps they are doubting your reasons/desire to return to Libya at the end of your studies. This is usually the main reason for student visa denials.

It is very unlikely that you living outside Libya -- if you had done so, that is -- had anything to do with it, especially since you were denied twice. Because you didn't get a green card when you might have does not necessarily work to your benefit. Perhaps your wife refused to file, perhaps you regret not doing so at that time -- all kinds of reasons a visa officer would think you now want to go and stay if you get the student visa. By law, they have to assume that until you can convince them otherwise.

Edited December 7, 2014 by jan22

[HollyDaniela 6]

My fiance was also denied F1 twice. He had plenty of finances to cover his stay, he was accepted into a university to study English, he has businesses he owns in Libya. But the facts are pretty simple. Who, would want to return to Libya, in its current state? Everybody is trying to get out, and they are only staying because of FAMILY or lack of financial resources. Of course this depends where in Libya you are, but I am speaking from what I know about what it is like in Benghazi for young people right now.

My advice? Prove that you have to take care of your family financially. Prove that your family can't survive without you. Prove that your ties to your family are so strong that you have to return to Libya. How you do this I do not know.

Otherwise, sorry, but you obviously really like the US because you have been here 4 times, and you married a US citizen. Libya is a very hard country to get to the US from at the current time, sorry I feel for you.

[sami4002 0]

Thanks for your thoughts and I wish you and your finance luck. The problem though is both interviews did not last more than 3 or 4 minutes. 1st one he asked only what I was going to study and who would pay. I answered it's the gov. he disappeared few minutes and came with refusal. They never give you a chance to explain anything. In my case, all I want is to take advantage of a paid scholarship to get widely recognized degree. Even though things has not been so good in the country, it doesnt mean everybody is wanting to leave. all is this but guess what? so many young, unemployed, first time travellers are being granted visa still !!!

[HollyDaniela 6]

Yes, I didn't mean leave the country permanently. But temporarily I know a lot of younger people want to get out at the present time with the situation.

Maybe you should try to go to the Tunisia embassy. Make a case that it is too difficult given the current situation in Libya to obtain a visa to go all the way to Morocco. We might get away with it, my fiance doesn't want to go back to Morocco says it is a pain. So I think I got Tunisia to take the case.

Also, they asked my fiance Mohamed a similar question when he applied for student visa. They said, "how do you have money if you are a student?" Well he also had his business and worked hard....but what is going through their heads I am unsure of.

Did you bring proof of the government's scholarship? If they ask this question again, I would have it in your hand very quickly to show to them, with a recently updated date (since the whole government situation is questionable).

One other idea I have to present as proof that you will return is making a calendar schedule of your intentions. Like dates that you plan to study and exactly what you plan to do when you get back. Make a business plan. Don't let him deny you without looking at it.

Good luck....

[sami4002 0]

Actually Tunisia is no longer processing non-immigrant visa for Libyan applicants. In your case I think the fiance visa is under the same category however he might consider either Turkey or Jordan for which he would not need visa.

I had the scholarship document in both attempts. In the first one, CO wanted to see it then he disappear few minutes and then refused. I think he was not convinced that the Libyan gov. is capable of handling student funding abroad. Probably I should have brough to his attention that I can support myself in case the gov. had problem any time.

The 2nd time CO did not ask who is the sponser. Interview was like..

VO: what are you going to study?

Me: TOEFL preparation then masters in engineering

VO: what do you do?

ME: I am currently self employed as electric technician

VO: You living in your home city right?

Me: Yes

Why Portland?

Me: it's a safe, cheap and has good public transportation

VO: why this school?

Me: It offers a good intensive program and I like their system

VO: how did you know about it?

Me: from internet, a Saudi student forum

VO: you were married to a US citizen?

Me: yes

VO: do you have a green card?

Me: No

VO: What happened?

Me: We got divorced, I did not apply for one.

He then took a minute writing on the computer and handed me the refusal letter.

He never asked about any more details. If one has time and given a chance you can explain things. Why I would want to stay in the US now if I was there 4 times, was married to a US citizen, traveled to UK and Germany, got a job offer in Canada, financially doing OK, Yes, Libya has problems now but I have a family that I'm very close to.

I think this visa thing is a matter of luck that is. I know people who got F1 visa through English school programs who previously did graduate school in the US!! are you kidding me? I mean why would you want to go to ESL school if you have already completed master program in the US??!

I guess I'm gonna try once more and see..

[HollyDaniela 6]

I know they aren't accepting in Tunisia but the National Visa Center (the USA side of the process) went ahead and sent our case there for us because I requested it special considering circumstances. Hopefully they won't reject it once it gets there, we will see. Us Americans are kind of pushy !

Yea, that sucks....maybe you should have explained in a little more detail why you got divorced. Explain the circumstances. Since it is a pretty big red flag.

Also maybe if you are self-employed you should show more in detail about your business, like it would look good if you have employees to manage or something like that.

Well, good luck, try for Turkey or Jordan - forget Morocco!

PS for what it is worth, your interview sounds exactly like Mohamed's, except the marriage part....so don't feel too bad! I don't think it is very personal I think they just don't trust Libyans....

[Boiler 45,900]

Lots of place that you can do a TOEFL course.

UK is a lot closer.

Edited December 10, 2014 by Boiler

[sami4002 0]

@

HollyDaniela

Already tried both Turkey and Jordan but I don't think the post would make much difference except is some cases where a certain post is familiar with a certain group of applicants, say, Libyan students sponsored by the gov.

Again wish you luck in your journey and I hope his luck is better this time.

@

Boiler

Thanks for your input. The problem with the UK it;s more complicated visa wise. You have to leave the country after English school, get admission and apply for different kind of visa and again nothing is guaranteed even though it seems easier. The education level there is not comparable to that in the US either (of course if you exclude the top 4 or 5 colleges). In the US, one has a lot better chance of securing admission in excellent school than anywhere else.

[Boiler 45,900]

I am going to assume ESL class? Makes more sense.

You may well be much better off going straight for the University course.