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J1 Visa - concerned about age/relationship and previous denials

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Filed: Timeline

My friend (from Philippines) just got a OJT (internship) at a Hotel in the US.

She have all the proper paper work from the agency and hotel - all legit and complete

She will have her interview next week

she's a little afraid that she might get denied for the following:

>she was previously denied a tourism visa to visit here sister (resides in the US) 7 and 5yrs ago

>>Embassy said that her age (marrying age) might not return and look for a husband

>she filled up "Single" in her current Embassy form

>>Embassy might deny her again for the same reason

Should she had mentioned in her current Embassy form that she was previously denied of Tourism visa? - would they have known?

Is her being single (and over 30) be a redflag? or will the Embassy look at her paper work and as long as she correctly answer all their question be enough

Edited by chris_j11
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Yes they will now, its in their computer systems so if she hides the fact she as been denied in the past she will be denied for certain this time and probably have a note put in about concealment of facts which will make any future attempts even worse.

Just be 100% honest, and good luck to her!

tumblr_mx13xz5r3o1spaqpio1_250.gif

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Filed: F-2A Visa Country: Nepal
Timeline

My friend (from Philippines) just got a OJT (internship) at a Hotel in the US.

She have all the proper paper work from the agency and hotel - all legit and complete

She will have her interview next week

she's a little afraid that she might get denied for the following:

>she was previously denied a tourism visa to visit here sister (resides in the US) 7 and 5yrs ago

>>Embassy said that her age (marrying age) might not return and look for a husband

>she filled up "Single" in her current Embassy form

>>Embassy might deny her again for the same reason

Should she had mentioned in her current Embassy form that she was previously denied of Tourism visa? - would they have known?

Is her being single (and over 30) be a redflag? or will the Embassy look at her paper work and as long as she correctly answer all their question be enough

So you mean she did not mention in her visa application that she was denied a visa previously! They will catch that and they can just deny her this time just for lying without even looking into anything.

Even if the embassy ignored that part, they don't give her a visa based on her paperwork or based on her answers. The main base for a visa will be if she can convince the CO that she will return back. While her paperwork shows the intent of going to US, she has to provide enough evidences of ties to her country to prove that she will return back. What has she provided for her ties to the country?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Timeline

So you mean she did not mention in her visa application that she was denied a visa previously! They will catch that and they can just deny her this time just for lying without even looking into anything.

Even if the embassy ignored that part, they don't give her a visa based on her paperwork or based on her answers. The main base for a visa will be if she can convince the CO that she will return back. While her paperwork shows the intent of going to US, she has to provide enough evidences of ties to her country to prove that she will return back. What has she provided for her ties to the country?

thanks for the reply:

>she did mentioned that she applied for a visa previously and made note in the form the specific years she was denied Tourism Visa.

>they have a family business (the business was in her name), but did not disclose it since there was no mentioned of how to disclouse her family business.

>what i meant was she did not use it as a occupation for the last 5yrs

>she does have paper work that showed that the business is under her name, a new car she bought under her name and some bank certifications

>>ofcourse non of those was asked in the Embassy form

>also, her initial resume for the hotel was working at her brother's restaurant, but the agency suggested to not enter it in the Embassy form since working for your brother was not qualified

>>she modified the resume that she will bring to the Embassy without any mentioned of working at the restaurant

>>does the embassy have a record of the resume she provided to the hotel/agency

Edited by chris_j11
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Filed: Timeline

so, what sort of 'business' does she 'run' that would still keep running in her (approximate) 12-18 month absence?

And if this business is so successful, why has she been waiting tables at her brother's restaurant instead of running that business?

Where did she get the money to buy a new car?

Are you a 'friend' who lives 3 blocks away from the hotel? Did you meet online?

And, more importantly, how will being a hotel clerk (or maid?) be beneficial to her 'business' in the PI?

Why the sudden interest in working in a hotel?

All of these questions and possibly more will be asked.....

And yes, being relatively young and single is not a 'plus.'

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Filed: Timeline

so, what sort of 'business' does she 'run' that would still keep running in her (approximate) 12-18 month absence?

And if this business is so successful, why has she been waiting tables at her brother's restaurant instead of running that business?

Where did she get the money to buy a new car?

Are you a 'friend' who lives 3 blocks away from the hotel? Did you meet online?

And, more importantly, how will being a hotel clerk (or maid?) be beneficial to her 'business' in the PI?

Why the sudden interest in working in a hotel?

All of these questions and possibly more will be asked.....

And yes, being relatively young and single is not a 'plus.'

She took culinary class - she was hired in the US hotel as assistant cook

Family business (with broher and sister) - chicken and meat stall in the market

Her brother have a restaurant, she will be the one of the chef after she returns from the 1yr internship

>She took culinary school to work as a chef at her brother's restaurant.

>she's hoping that this will be a sufficient reason to convice the embassy to return back home

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Filed: Timeline

next question (from CO): if you took a class, why does you have to go to the US in order to learn to cook, since you should have acquired that 'skill' during her class? (other questions could follow up this one)

next question (from CO): may I see a copy of the 'menu' that is posted at this family 'business?'

next question (from CO): I see that this 'restaurant' serves grilled chicken, grilled meat, cooked over coals or wood....what significant skill can you acquire in the US that supersedes your current knowledge of the culinary arts, given that a hotel in the US prepares grilled meat over gas fired stoves?

next question (from CO): why will you need one year to learn to grill chicken or steak?

next question (from CO): why did you choose this particular hotel in that particular city in the US?

next question (from CO): when did you buy your car? How much did it cost? Who is going to keep it washed and waxed in your absence?

last question (from CO): what is your American boyfriend's name and where does he live?

(my own personal knowledge of Filipino 'businesses' like meat stalls are far from what we know as, say, an 'Outback' restaurant, and some of the 'meat' served in the PI would never appear on any US hotel's menu)

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Filed: Citizen (apr) Country: Ecuador
Timeline

Very closely heed what HFM181818 says on all matters pertaining to visa interviews and qualifications.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Timeline

To the OP: do not be surprised if her application is denied....it is quite obvious to me that this 'internship' has another purpose...because the entire chain of events is way too convenient and possibly staged. Taking a culinary class (whatever that is in the PI) so that this follow on 'internship' looks related, and even though an assistant cook is one step up from a dishwasher/scullery maid, I would estimate her chances of returning to the PI to take on her alleged new role of 'chef' at somewhere around zero%.

The rationale that she 'needs' to learn to cook simple items (like what is being offered at the meat stall) for a year is, well, not believable. How many meat stalls in the PI have new 'chef' who spent a year learning how to grill various meats (many of which do not appear on any menu in the US)? None. So why is this family business in such dire need of an American trained kitchen helper? And really, what might she learn that is useful for grilling a wide variety of meats in the PI, assuming she stays on the job more than two weeks before scampering off to get married?

It does not matter whether this job offer is real or not.....many hotels will offer low wage, zero benefits 'opportunities' to anyone with total disregard for 214b issues. But the fact remains that the timing, the location and other elements make it quite clear to me that the J1 will be used to do an end run around a K1.....(or else why the strong interest from the OP?).....the odds of an internship being offered in exactly the same city in which the OP lives is almost as likely as winning the current Powerball....and therein lies the problem. With whom is she going to live? I doubt she will be paid much more than about $10 an hour, which won't go far towards paying rent....is the hotel really going to supply room and board? In otherwise valuable real estate within the hotel? Or will several 'assistant cooks' be encouraged to stay 8 to a room in some questionable apartment?

I think both of you would be better served by just filing the K1.

Of course, she might get a sleepy CO.....who knows?

Edited by HFM181818
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Filed: Lift. Cond. (pnd) Country: China
Timeline

to the OP,

If the intention really truly is for her to take this internship to expand her culinary skills then I wish you the best of luck.

However if the intent is just a way for her to get to the US to be with you, and you are not disclosing this to us because you are afraid of words on the internet from people you don't know. Then to that I say, think of the future ramifications of your actions. They have Visa's in place for her to be with you properly. circumventing the process and pursuing a different visa with different attempts is the reason acquiring these Visa's is to difficult for others. Ever wonder why it is so hard for people from some countries to get a legitimate Visa to the US, it is because people in those countries will do anything and everything to scam the system. God forbid she has a friend or family member that truly gets a job offer from the US and they have to apply for the Visa. They undergo such scrutiny and potential denial because of people who get these Visa's with the intent of immigration instead of their actual intended purpose.

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
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Filed: Timeline

that is true....if she skips out, the rest of her family will be frozen in place for years....no visiting to see grandchildren, birthdays, etc....because the future COs will believe (with good reason) that if she is now ensconced in the US, she will help the rest of her family do the same....tread carefully.

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  • 2 years later...

I know this information is a little behind everyone else but for anyone who is reading this in the future i just wanted to provide my XP.

 

I had a odd past with the US immigration. When i was doing medical rotation for medical school i overstayed by 1 month on a B1/B2 over what i was meant to. Went back to visit family and when i tried to return they said i had overstayed and revoked the visa.

 

I was very scared that i had messed up and wouldn't be allowed back, i applied for another B1/B2 and it was granted for 7 months, I finished my rotations and went back home. After a year i reapplied for another b1/b2 visa and was given a 10 year visa this time! After this I applied for a J1 visa for research it was thankfully granted.

 

Each time i go through immigration i am taken to secondary and usually they ask me a few questions and let me go, i am unsure how my overstay will affect me in the future but i guess they do allow for some room for error.

 

This is my story i just wanted to put it up as when i was looking online i couldn't find any such stories of positive decisions. Best Arjun.

 

PS. I am NZ citizen and a canadian PR.

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