E-3 Visa refused per Section 214(b)

[knk83 0]

Hi,

Recently me and my wife came to Toronto, Canada for a family function and since our previous was expired we had to go to the US Consulate for the stamping. But the consular denied the visa based on the Section 214(b) which states that the visa is being denied since we were not able to show enough evidence that we will leave United States after our visa will expire.

We were actually not asked enough questions to show the ties back home otherwise we would have shown property assets, FDs and bank statements. But what's done is done and our visa was denied.

Now we are planning to apply again and our dilemma is should we go to Australia or apply again in Canada?

If we go to Australian consulate then then will be a question from the Consular that am I coming to Australia for the stamping just because my visa was denied.

Please guide us.

Thanks in advance.

[Pitaya 2,577]

~duplicate posting removed~

[Boiler 45,525]

Somewhat odd, presumably Australia has the advantage of your ties.

[Jawaree 717]

I take it you are both Aussies, why not cross (VWP)? applying for a visa put the decision in the

consular handd to say yea or nay...Its never a good idea to apply for visa in a 3rd country unless

there is a valid reason or you are legal residents of the country. I think you will now have to get the

visa in AU

[Boiler 45,525]

They are Indian, he has Australian Citizenship, she does not.

[newacct 688]

I take it you are both Aussies, why not cross (VWP)? applying for a visa put the decision in the

consular handd to say yea or nay...Its never a good idea to apply for visa in a 3rd country unless

there is a valid reason or you are legal residents of the country. I think you will now have to get the

visa in AU

E-3 is a work visa. Presumably the OP is working in the US under E-3 status and was visiting Canada.

Although I wonder why didn't the OP just use automatic revalidation to return to the US. That way he wouldn't have had to get a visa in Canada. But it's too late for that now since someone who's applied for a US visa during the trip no longer qualifies for automatic revalidation.

[knk83 0]

Hey there everyone,

thanks to all of those who showed interest and provided feedback.advise.

Based on the forum and discussing the scenario with my company's lawyer I came to US Consulate in Perth, Australia. Over here they have told me that it's pending for Administrative Processing and will let me know once they have made a decision. They took LCA, Original Offer Letter, Continuity of Employment, Copy of my Australian Masters Degree but they gave me back my passport.

Any idea how long this Admin process will take? I asked the consular and he said it could be 30 days, could be less could be more. But no definite time period.

Also in this time period is it safe to travel outside Australia? Can they hold my processing if I'm outside of Australia?

Any idea what happens during Admin processing?

[Boiler 45,525]

Sounds reasonable comment, travelling may just delay matters, more to check.