affect of withdrawing K1 visa on the future beneficiary visa requests

[<3T&M<3 217]

I'm sorry but I do think that the 

officers have power to say no if they want to. Who is to stop them? Our process is great and it also has major flaws. 

I would say yes you could be seen as a gc hunter. I don't think you are! But there are many many @$$holes out there who feel negatively about immigrants (yes I'm sure even immigration workers!)

it may sound harsh but 🤷🏻‍♀️

[delpers 0]

9 hours ago, jan22 said:

Would help to know OP's country.  Might make a difference in responses.

 

Unlike other posters here, I believe the former K-1 petition can still have an effect on on a non-immigrant visa application.  How many times have people on this forum suggested using a student visa in lieu of or while waiting for an immigrant visa?  Happens all the time and, because of that, any previous signs of immigration intent may make it more difficult to get any type of non-immigrant visa. OP will need very strong evidence of ties that would compel return to home country after studies are complete -- even after 8 years.

Dear jan22; as I said we withdrew the file 8 years ago. and since that time I have never applied for any kind of US visa. so there is no "while waiting for an immigrant visa". the second time officer didn't even ask me about any documents. I  have more than enough documents to show a strong tie to my home country.

Edited May 16, 2018 by delpers

[Boiler 46,300]

9 minutes ago, <3T&M<3 said:

I'm sorry but I do think that the 

officers have power to say no if they want to. Who is to stop them? Our process is great and it also has major flaws. 

I would say yes you could be seen as a gc hunter. I don't think you are! But there are many many @$$holes out there who feel negatively about immigrants (yes I'm sure even immigration workers!)

it may sound harsh but 🤷🏻‍♀️

F1 is a non immigrant visa.

[delpers 0]

9 minutes ago, <3T&M<3 said:

I'm sorry but I do think that the 

officers have power to say no if they want to. Who is to stop them? Our process is great and it also has major flaws. 

I would say yes you could be seen as a gc hunter. I don't think you are! But there are many many @$$holes out there who feel negatively about immigrants (yes I'm sure even immigration workers!)

it may sound harsh but 🤷🏻‍♀️

 

We are not talking about the power of the officer. of course, the officer has the power to say no to any case and the result is not even appealable. I just asked to be sure if this is a trend attitude or not.

[delpers 0]

10 hours ago, cd37 said:

Nothing is unfair. You are not entitled for something bcoz you think you deserve it. If you have admission(i 20) from reputed university I dont see any issue. Finally its upto CO to make decision. its non immigrant  visa so CO would definitely see ties back home that you will come back after studies.

I have PhD admission from a reputed university, with the name of a US state with more than 200 years of history. do you see any issue now? Yes, this is up to the officer and thank you for making the situation clear.  

[geowrian 22,338]

21 minutes ago, delpers said:

I  have more than enough documents to show a strong tie to my home country.

Documents rarely make the difference, but if your circumstances + documents are more than enough to overcome/avoid a 214(b) then you shouldn't have an issue (barring some kind of unstated inadmissability). The CO makes that call.

Edited May 16, 2018 by geowrian

[Boiler 46,300]

I doubt it being a newish Uni would be material.

[<3T&M<3 217]

51 minutes ago, Boiler said:

F1 is a non immigrant visa.

Well, anyone from another country, or even in THIS country but of a darker complexion, different religion, etc. etc. can be seen as "the other" ..... you know what I mean. I wasn't being technical. I was being real.

[jan22 3,069]

10 hours ago, delpers said:

Dear jan22; as I said we withdrew the file 8 years ago. and since that time I have never applied for any kind of US visa. so there is no "while waiting for an immigrant visa". the second time officer didn't even ask me about any documents. I  have more than enough documents to show a strong tie to my home country.

I didn't come close to saying you were "waiting for an immigrant visa"; please re-read my post to get a better understanding of the context of that phrase from the view of the visa officer.  You say in the 8 years since the K-1 was cancelled you have never applied for any kind of US visa -- but you also said your F1 was denied twice.  How recent and close together were those applications?

 

From the officer's perspective, you were ready to leave you country before for a new permanent life in the US and you could still want to do that.  Documents are not what is going to convince the consular officer of your need/desire to return home after your studies.  You have not provided a lot of information here, so it's hard to point to specific issues, but here are some things to think about:  

• Are you from a country that has a reputation for fraudulent visa applications?  Or a high over-stay rate in the US?
• Do you have the finances in place for the entire period of studies?  You need to show sufficient funds currently available for the entire first year (travel expenses, tuition and fees, books, room and board, etc.).  In addition, you have to show a financial stream that will be available for the remaining years of study.
• Can you clearly articulate why you chose this school, in this place, and for this course of study?  Do you have plans for what you're going to do after your studies are complete that seem reasonable and well thought-out?
• Are you an age at which it makes sense to invest in a PhD?  Is there a need for that level of education in your country in your field of study (i.e., does it open new opportunities for you at home)?
• Do you have family support for your plans (more important in some countries/cultures than others, but important for most on an emotional level, at least).

Documents cannot really answer any of these sorts of questions/issues and similar ones that factor into the vIsa officer's decision -- which is based on your application, the relatively short interview, and the officer's knowledge of your country/culture.

Edited May 16, 2018 by jan22