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Visitor B1/B2 declined. Visitor Visa declined; Reapplying, better prepared. Advice would be appreciated

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Filed: K-1 Visa Country: Mexico
Timeline
Posted

Dominican Republic had a 35.9% Refusal Rate last year on B2 visa application for 2014. Certainly on the high end of the spectrum. With more than 1 in 3 B2 being rejected in DR.

Ironically Columbia is 12% Denied and Mexico 15% denied. in 2014. far far far lower and still quite close. (B2) ...

Another sad fact is that the morality in this day and age is such that the "child behind" is no longer a marker of "ties" but a small piece of undeveloped land is.

The OP country is an EXTREMELY LOW % of Denial country: 2.6% --- 38 YES to 1 NO.... so she should just re-apply and try again with another CO and more details.

One is able to have legal counsel send correspondence within the U.S. to apply pressure for the B2 approval. Plenty of stories. If someone really wants it, they'll get it.

Those are marketing numbers. I believe reapproval rates are included (if you had a visa and reapply you are practically guaranteed to get a second one). Do you really believe only 2.6% of visas are refused in South Africa? Common sense says no. I don't believe those numbers for one second.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Filed: Timeline
Posted

Those are marketing numbers. I believe reapproval rates are included (if you had a visa and reapply you are practically guaranteed to get a second one). Do you really believe only 2.6% of visas are refused in South Africa? Common sense says no. I don't believe those numbers for one second.

The data is actually by Citizenship irrespective of which US Embassy or Consulate the application is lodged at. ie UAE working in Japan might interview at Tokyo and be recorded as UAE.

Data is based on final determination status within the given Calendar Year -- so multiple 2014 would be recorded as final result in that year.

DOS has no reason to fictionalize this data before Congress or in the Federal Register.

If you believe it is not accurate, go ahead and write to Chairman of DHS Oversight to enquire on the accuracy.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I doubt it is inaccurate. Misleading maybe.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: Thailand
Timeline
Posted

If you married the USC and then apply B2 ... Intent is heavily presumed until proven otherwise:

Also bear in mind that there are government workers, academics, and professionals who require B1 travel for Biz, Conferences, Lectures, Training, etc.

DID:

1. USC had Work Permit for 1+ year.

2. USC at same job there 1+ year.

3. USC 1-year or more Extension(s) of Stay - not the 30/90 day games.

4. Proof of Property ownership spouse

5. Proof of Employment of Alien Spouse with minimum 6 months at same job (even if salary is low) or proof of business ownership.

6. USC had no US land, house, job, bank accounts, car, etc. - he's disconnected

7. USC spent less than 30 days per year in USA. - he's disconnected.

8. USC has property, licenses, banking, etc. in Domicile country or multiple non-US countries.

9. Does USC file foreign exclusion, report NRA spouse, and show income on the returns.

I have heard of a 20+ Year Expat who hadn't been to the U.S. for 6 years have the spouse get a B2 denial because he was a Retirement visa and not working

and his assets were no deemed as important as his lack of work... and this does seem to be the case that a job producing income overrides assets in bank.

I have also heard of the unemployed USC long-term expat with long-term visa having alien wife approved B2 from her income and property alone.

SEPARATELY relating to OP. If your husband is USC ( I must have missed that ) -- then you need proof of his Domicile in your country (not his residence)

1. Does he hold PR in your country? if not, does he have a long-term work visa and long term job?

2. Has he divested of properties/assets/life in USA?

3. Has he invested in properties/assets/life in your country?

Along those lines.

Hope it helps.

My intent was to point out that even having a child behind isn't enough to cause an approval. I don't want to derail the O Ps post to respond to what you have said. You are correct in some but your assumptions are not correct.

I am for example a USC at this point because my husband decided we should use the legal processes to become a USC overcome the inability of the system that you describe to prevent me from the freedom of choice rather than submit to someones idea of intent. I was certainly going to return to Thailand.

Filed: Timeline
Posted

Too soon after application...very anxious to obtain visa

These letters on your behalf from the US does nothing to help

application except to say potential romantic move with your

online pal (they see it regularly) or U have no problems remaining

in the US if U decide to.

have to be consistent on what U put on applications.

I suggest U give it time, have a good bank balance to show U can

afford a vacation, show strong ties to your country, land/car titles

and convince the CO U will return home...right now U will be denied

Filed: Country: South Africa
Timeline
Posted

Ok I know quite a few people that obtained tourist visas from Cape Town. I think you should try again.

I would bring your bank statements showing that you have money and you can also afford the trip. So it doesn't look like the friend is paying everything. I think they might of been worried that your friend is actually your boyfriend or fiance and you plan to stay in the USA.

Was just wondering if I should go back into the D160 and shorten my length of stay, from 24days to 2weeks? Would that make a difference. My return ticket has been paid so I have spending money...

That's my sentiment too, re the friend thing

Posted

I doubt the length of your stay is going to make much difference one way or another.

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Posted

I agree with previous statements. Changing anything on your new application would not look good because they will think that you are trying too hard to enter the US. I know they say that you can apply again if you feel that all of the facts weren't considered, but that's exactly how they make their money.

They know that some people will believe that if they present all of the facts again or more clearly or what have you, that they will be approved, but they just aren't. I cannot stress enough how arbitrary this process is and you would only be giving them your hard earned money. The worst that can happen is another denial and you would lose the new application fee, so if you can afford it, then by all means.

However, I would like to point out that two previous denials will look worse than one. So when you try to apply for a visa again in the future, if you get denied again, it would have been better to have one denial instead of two or three for example. That's not to say that people with multiple denials will always get denied, of course not. You do however have to keep in mind that the more negative factors you add to your case, the less likely you are to be approved.

People just aren't given a fair chance in this process, it honestly is based on luck. I have seen so many people who get approved with almost no ties to their country and in my experience these people typically end up returning home. I have also seen people with many ties to their country who get approved and typically are the ones that end up staying.

Sometimes people with a lot of ties get denied just because the CO was in a bad mood. It honestly is ridiculous. That's like a cop giving you a traffic ticket because he/she was in a bad mood and didn't like the color of your car, it's completely erratic. Like I said, you can apply again, but you do have to be consistent with your plans. Good luck.

This does not constitute legal advice.

Filed: Country: South Africa
Timeline
Posted

I agree with previous statements. Changing anything on your new application would not look good because they will think that you are trying too hard to enter the US. I know they say that you can apply again if you feel that all of the facts weren't considered, but that's exactly how they make their money.

They know that some people will believe that if they present all of the facts again or more clearly or what have you, that they will be approved, but they just aren't. I cannot stress enough how arbitrary this process is and you would only be giving them your hard earned money. The worst that can happen is another denial and you would lose the new application fee, so if you can afford it, then by all means.

However, I would like to point out that two previous denials will look worse than one. So when you try to apply for a visa again in the future, if you get denied again, it would have been better to have one denial instead of two or three for example. That's not to say that people with multiple denials will always get denied, of course not. You do however have to keep in mind that the more negative factors you add to your case, the less likely you are to be approved.

People just aren't given a fair chance in this process, it honestly is based on luck. I have seen so many people who get approved with almost no ties to their country and in my experience these people typically end up returning home. I have also seen people with many ties to their country who get approved and typically are the ones that end up staying.

Sometimes people with a lot of ties get denied just because the CO was in a bad mood. It honestly is ridiculous. That's like a cop giving you a traffic ticket because he/she was in a bad mood and didn't like the color of your car, it's completely erratic. Like I said, you can apply again, but you do have to be consistent with your plans. Good luck.

Thank you for your feedback, appreciated.

Just a question…

Been thinking through advice and comments re my situation.

Here’s what I think I should do:

Cancel flights (I have selected the money back guarantee if visa is declined). I will only book flight once visa is approved. But my hope is to fly by latest 20 January (I usually take my annual leave at this time of the year, so will be reversing my leave).

Am I able to redo the D160 if already submitted? Complete an entirely new one? I want to complete a new application and this time leave out the friend completely. My hope is to fly to NY instead, and have a hotel reservation as accommodation. My visit will now be either 7 days or 2 weeks. I will be prepared with an itinerary of places I will like to visit during my stay, and ensure enough finances.

Reschedule appointment for mid-January. This will be a month after my appointment two days ago.

Thoughts?

Filed: K-3 Visa Country: Thailand
Timeline
Posted

Was just wondering if I should go back into the D160 and shorten my length of stay, from 24days to 2weeks? Would that make a difference. My return ticket has been paid so I have spending money...

That's my sentiment too, re the friend thing

No. Its wont help at the embassy and the length of stay is actually determined at the POE.

Filed: Other Country: United Kingdom
Timeline
Posted

Am I able to redo the D160 if already submitted? Complete an entirely new one? I want to complete a new application and this time leave out the friend completely. My hope is to fly to NY instead, and have a hotel reservation as accommodation. My visit will now be either 7 days or 2 weeks. I will be prepared with an itinerary of places I will like to visit during my stay, and ensure enough finances.

Again, changing the details of your trip immediately after a denial will look like you're just trying desperately to get to the US and will say anything to do it.

They will have the details of your previous application and you can guarantee they'll ask about why you're suddenly not going to see this friend.

But, it seems you are determined to keep trying so it's up to you.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Country: South Africa
Timeline
Posted

Again, changing the details of your trip immediately after a denial will look like you're just trying desperately to get to the US and will say anything to do it.

They will have the details of your previous application and you can guarantee they'll ask about why you're suddenly not going to see this friend.

But, it seems you are determined to keep trying so it's up to you.

I'm suddenly not going to see him because "he has work and unable to accommodate me any longer" I'm only able to take holiday leave this time of the year, hence I needed to adapt my plans accordingly. I'm needed back in office because one of my duties is Personal Assistant to an Executive Manager, and usually we take leave at the same time.

Filed: K-1 Visa Country: Mexico
Timeline
Posted

I'm suddenly not going to see him because "he has work and unable to accommodate me any longer" I'm only able to take holiday leave this time of the year, hence I needed to adapt my plans accordingly. I'm needed back in office because one of my duties is Personal Assistant to an Executive Manager, and usually we take leave at the same time.

wait a year, travel to another developed country, reapply. It seems like a desperate measure to apply so soon after a denial.

The data is actually by Citizenship irrespective of which US Embassy or Consulate the application is lodged at. ie UAE working in Japan might interview at Tokyo and be recorded as UAE.

Data is based on final determination status within the given Calendar Year -- so multiple 2014 would be recorded as final result in that year.

DOS has no reason to fictionalize this data before Congress or in the Federal Register.

If you believe it is not accurate, go ahead and write to Chairman of DHS Oversight to enquire on the accuracy.

those numbers are not accurate. very hard to believe South Africa has a 2.6% denial rate. that is fiction. Do you trust everything the government tells you? I don't.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Filed: Country: South Africa
Timeline
Posted

wait a year, travel to another developed country, reapply. It seems like a desperate measure to apply so soon after a denial.

You think? What if I have no ambition to travel to another country? I've already visited the UK, didn't overstay. It's not like I'm a frequent traveller. I've always wanted to visit the States.

 
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