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

[Hopeful_2015 0]

A: Remember, the reason you was denied was the CO believed that you would fraudulently use the visa to immigrate and either adjust status or simply overstay.

Changing the length of your visit does nothing to change that assumption as what would a return date matter if they think you're never planning to go home.

And B: After you've already been denied for a visa for your planned journey length then go back straight away with a different plan then it might appear to the CO that you're trying anything to get the visa and therefore trying too hard to get to the States, increasing their presumption of immigrant intent.

If you're going to reapply then you should try to be consistent with your plans.

As IanH said, until the US chooses to be more stringent with people who abuse their tourist visas then there will always be innocents who will suffer for it.

But far too many people from all over the world have applied for tourist visas to visit a 'friend' only to magically fall in love and decide to stay.

Often before they've even got out of the airport.

When you say 'consistent with your plans' what does this mean? Am I not allowed to reapply with different plan? Circumstances change... I'm really stumped re what to do as I was genuinely looking forward to this holiday!!

[Boiler 45,837]

You can apply as often as you like.

The usual issue is doubt concerning your return. You keep on focusing on why you want to go.

[Hopeful_2015 0]

You can apply as often as you like.

The usual issue is doubt concerning your return. You keep on focusing on why you want to go.

True...

Maybe that's because of my first interview experience. Not once did the CO attempt to check re my ties. His focus was on my friend. How do we know each other? How long? Has he been to SA?

I didn't even have an opportunity to let him know my ties. If you look at my D160 it looks like I'm a single woman with a job, traveling to her boyfriend. Family on that form is only mom/dad. No indication that I have kids.

Arg!!!!!

[jan22 3,056]

You seem really set on applying again right away, so anything we say here is unlikely to change your mind, but thought I would jump in to support what many have already said. Applying so soon after a denial gives the visa officer the appearance of almost desperation to get in the US. The first question will likely be along the lines of "What has changed in your personal circumstances since your last application?" Since you will have to say nothing (no new kids, no new job, no new property, etc.), the results will more likely be the same. Doesn't matter what changes you make in the plans for your stay in the US...what the visa officer is looking at is your reasons to LEAVE the US.

Unfortunately, parents all over the world have left their children behind when they go to the US to stay. Children and jobs are left all the time. That's perhaps why the focus was on your closeness to your friend in the US...to see if it might be sufficiently strong to keep you in the US.

Edited December 11, 2014 by jan22

[MacUK 983]

When you say 'consistent with your plans' what does this mean? Am I not allowed to reapply with different plan? Circumstances change... I'm really stumped re what to do as I was genuinely looking forward to this holiday!!

Yes, circumstances change but you have to look at it from an outsiders perspective.

You apply for a visa to visit a friend and it's denied. Almost immediately you file again with a different reason.

By law the COs must presume that everyone applying for a tourist visa is going to immigrate on it so the odds are stacked against an applicant from the start.

Your plans might have changed due to the previous denial but to the already suspicious mind of a CO it can look as though you've tried one reason for the visa and failed so you're searching for another reason to use, ie. willing to say anything to get a visa.

They might give you a chance to explain why your plans change but they might not. It all depends on the CO interviewing you and how busy the embassy is that day.

And as said before, the interview is a very small part of the decision. It's generally already been decided based upon the information in the DS160 and demographics.

The ties to home country is a strange one as can vary wildly.

While to most people it would seem that kids would be a definite tie, they're not. People have left kids with family members, used their tourist visa to immigrate, then filed for the kids greencards later.

Again, PA to an exec would seem like a solid job and reason to return. Jobs can be quit and you must remember that as far as the US is concerned, everyone in the world wants the American dream and you could find work in the States.

Same with property. Leases, rental agreements and even outright ownership of property can be abandoned or sold.

It can be the things you'd never think of that could get you approved. Elderly parents who need you to look after them, a wide social circle in your home country, a beloved pet that you could never leave.

Unfortunately these are things that aren't asked on the form and depend on the CO giving you a chance to put your case forward.

But there's no rules that say they have to give you that chance, the decision is 100% up to them and nobody, not even the President, can force them to approve or reconsider.

As has been said, it's far from being a perfect system and it's far from foolproof as people who don't want to live in the States get denied while people who get approved use the visa fraudulently.

But more people worldwide get approved than not so it's up to you if you want to try and hope to get a more lenient who'll let you present your case.

Last time I went for my denial I didn't get a chance to show a single one of the dozens of bits of paperwork I had with me, from bank statements to car ownership docs to credit agreements and letter from employer. But the CO did give me time to verbally present my case and asked plenty of questions.

And on that interview the CO was checking my answers against the notes from my previous denial almost 10 years earlier, hence why I say you can guarantee they will ask you question regarding your recent interview. It's all written down on their computers.

[msbau764 245]

True...

Maybe that's because of my first interview experience. Not once did the CO attempt to check re my ties. His focus was on my friend. How do we know each other? How long? Has he been to SA?

I didn't even have an opportunity to let him know my ties. If you look at my D160 it looks like I'm a single woman with a job, traveling to her boyfriend. Family on that form is only mom/dad. No indication that I have kids.

Arg!!!!!

unmarried women with no children between the ages of 18-35 are rejected at a higher rate for tourist visas. I believe you are in this category. Wait a year. Travel to another country as I mentioned. It is a mistake to apply again so suddenly unless the officer gave you a specific reason. Is it a life or death situation to travel to the US? If not, then wait.

[Hopeful_2015 0]

You seem really set on applying again right away, so anything we say here is unlikely to change your mind, but thought I would jump in to support what many have already said. Applying so soon after a denial gives the visa officer the appearance of almost desperation to get in the US. The first question will likely be along the lines of "What has changed in your personal circumstances since your last application?" Since you will have to say nothing (no new kids, no new job, no new property, etc.), the results will more likely be the same. Doesn't matter what changes you make in the plans for your stay in the US...what the visa officer is looking at is your reasons to LEAVE the US.

Unfortunately, parents all over the world have left their children behind when they go to the US to stay. Children and jobs are left all the time. That's perhaps why the focus was on your closeness to your friend in the US...to see if it might be sufficiently strong to keep you in the US.

How would they know what has changed when they didn't determine what is to begin with? Like I mentioned several times, the CO did not know that I have kids, did not know that I'm at my job since 2008 and am permantly employed, did not know that I've held a lease agreement for three years... He based his decision on the fact that I'm visiting this friend. I'm ever sorry I was honest about that.

Now, I'm thankful for the feedback. I'm new to this, and of course I take everything into consideration. Remember I'm gutted at having my innocent holiday derailed, so I'm still getting over it, and trying to decide what to do next... It was disheartening being denied!!! Especially after looking forward to travel before tackling 2015 and work.

I stupidly booked another appointment and completed another D160 - prior to joining this site. All info was capture the same and I was hoping to put forward the facts regarding my kids and job which I felt was overlooked in the first interview. Now, after hearing everybody's advice I'm not keen to go to that interview, rather want to reschedule to a date in FAR future. Will I be able to edit the D160 prior to that interview?

Currently I've already moved on and looking at traveling somewhere else... Yay to that, right?

[Hopeful_2015 0]

unmarried women with no children between the ages of 18-35 are rejected at a higher rate for tourist visas. I believe you are in this category. Wait a year. Travel to another country as I mentioned. It is a mistake to apply again so suddenly unless the officer gave you a specific reason. Is it a life or death situation to travel to the US? If not, then wait.

Don't make me say this... But! I'm over 40, with 2 kids. Yep, planning on another destination. Once bitten...

[msbau764 245]

Don't make me say this... But! I'm over 40, with 2 kids. Yep, planning on another destination. Once bitten...

Uh, the process is so unfair. I apologize for the treatment of our government towards you.

[Ian H. 207]

You can't edit the DS160 after it's submitted, but you may be able to reschedule your appt. I'm not sure if it varies by place, but in the DR they give you a year to schedule the appt after making the payment.

[Torete 121]

How would they know what has changed when they didn't determine what is to begin with? Like I mentioned several times, the CO did not know that I have kids, did not know that I'm at my job since 2008 and am permantly employed, did not know that I've held a lease agreement for three years... He based his decision on the fact that I'm visiting this friend. I'm ever sorry I was honest about that.

Now, I'm thankful for the feedback. I'm new to this, and of course I take everything into consideration. Remember I'm gutted at having my innocent holiday derailed, so I'm still getting over it, and trying to decide what to do next... It was disheartening being denied!!! Especially after looking forward to travel before tackling 2015 and work.

I stupidly booked another appointment and completed another D160 - prior to joining this site. All info was capture the same and I was hoping to put forward the facts regarding my kids and job which I felt was overlooked in the first interview. Now, after hearing everybody's advice I'm not keen to go to that interview, rather want to reschedule to a date in FAR future. Will I be able to edit the D160 prior to that interview?

Currently I've already moved on and looking at traveling somewhere else... Yay to that, right?

OP:

Check to see if this is applicable to your case:

http://www.nolo.com/legal-encyclopedia/made-mistake-form-ds-160-i-fix-after-submitted.html