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Posted

Hi, I am 19 years old. I am a Chinese student in Australia. My background is a bit complicated. I applied US tourist visa in my middle school once with my sister. Due to unprepared, we got denied for that time. Then, I went to a university in California, so I got a F-1 Student visa last year. But, because I want to have a different major and that is not what I wanted to do. So,I transfer to a Australian university and the F1 visa is ended. Now, I've been here for a month. I want to go back to US to visit my boyfriend who is another international student. I have enough money, I just uncertain about the denied visa could affect my visa and do I need to mention my boyfriend? I really want to pass.

Posted

A previously denied tourist visa won't necessarily hurt you, but you do need to resolve the reason for denial for else the result will be the same. Given that was so long ago (and you were a minor), I would assume that showing different circumstances this time won't be an issue. :) You still need to mention the denied visa on the DS-160, though.

 

The issues working against you are:

  • Young female (usually does not have strong ties to return home, such as property, a professional job to return to, family members dependent upon you at home, etc.)
  • Visiting your boyfriend is a tie to stay in the US

If you are still enrolled at a university, that should help as it's a reason to leave the US. It's not a "strong" tie (IMHO) because you could transfer to a US college or university fairly easily, but it is a tie.

 

Try to look at it from a CO's or CBP's perspective - what compelling reason do you have to return home? What prevents you from marrying your boyfriend and staying in the US? Those are the key items that you will need to address and overcome to obtain and use a tourist visa. Gather your evidence and try - it's the only way you will know. Your boyfriend cannot sponsor you either (I know you didn't ask, but it's a common misconception that a tourist visa can be sponsored).

 

The fact that you were issued a non-immigrant visa in the past and did not violate the terms is a good sign.

 

You don't explicitly need to mention your boyfriend, but I would 100% bet that the CO (and likely CBP) will ask why you're coming to the US. You absolutely must be completely truthful to them, so if you're visiting your boyfriend, then you need to tell them that.

 

Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
2 minutes ago, geowrian said:

A previously denied tourist visa won't necessarily hurt you, but you do need to resolve the reason for denial for else the result will be the same. Given that was so long ago (and you were a minor), I would assume that showing different circumstances this time won't be an issue. :) You still need to mention the denied visa on the DS-160, though.

 

The issues working against you are:

  • Young female (usually does not have strong ties to return home, such as property, a professional job to return to, family members dependent upon you at home, etc.)
  • Visiting your boyfriend is a tie to stay in the US

If you are still enrolled at a university, that should help as it's a reason to leave the US. It's not a "strong" tie (IMHO) because you could transfer to a US college or university fairly easily, but it is a tie.

 

Try to look at it from a CO's or CBP's perspective - what compelling reason do you have to return home? What prevents you from marrying your boyfriend and staying in the US? Those are the key items that you will need to address and overcome to obtain and use a tourist visa. Gather your evidence and try - it's the only way you will know. Your boyfriend cannot sponsor you either (I know you didn't ask, but it's a common misconception that a tourist visa can be sponsored).

 

The fact that you were issued a non-immigrant visa in the past and did not violate the terms is a good sign.

 

You don't explicitly need to mention your boyfriend, but I would 100% bet that the CO (and likely CBP) will ask why you're coming to the US. You absolutely must be completely truthful to them, so if you're visiting your boyfriend, then you need to tell them that.

 

Good luck.

Thank you so much! 

 
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