I was refused, section 214(b)

[SUMMERT 1]

30 minutes ago, Jaquelly said:

 

I think the thing that you're missing is that it is up to YOU to prove to USCIS that you aren't going to overstay. Owning your own business means that you can arguably do it anywhere, including the United States. That's not a strong enough tie. 

 

They will always err on the side that you will overstay. It is YOUR responsibility to prove, without a doubt, that you will not.

What’s a strong tie ? 

[Boiler 45,927]

17 minutes ago, SUMMERT said:

What’s a strong tie ? 

A reason why you would be silly to stay in the US and need to return to your home.

[SusieQQQ 11,587]

1 hour ago, SUMMERT said:

 

-I’m not kind of that person who left a behind, I don’t know others, they cannot think all people do the same. Bad for consuls.

 

Hmmm... on this, unfortunately what your fellow citizens do does impact and it seems different countries have different “cultures” or “attitudes” (for want of better words) about this. In some countries it is fairly common for people to leave spouses and children behind and overstay illegally, and send for them later after they have set themselves up in the US. In other countries such occurrences would be very rare. So it’s quite normal and reasonable for a CO to assess your likelihood of doing something based on what has happened with the gazillion other compatriots of yours who have passed through the embassy. Yes it’s unfair to genuine applicants but the blame is with your fellow citizens, not a “bad” consular officer.

[Ontarkie 14,383]

1 hour ago, SUMMERT said:

-A letter of a current job in a company, yes besides that job I administrate my own business , my sister take care of sales.

 

-in good in my financials, good enough to pay a hotel and care about myself during my vacations.

 

-I’m not kind of that person who left a behind, I don’t know others, they cannot think all people do the same. Bad for consuls.

 

-the business I run I must be in person cuz is affiliated to an association at beach that normally requires my presence and my taxes payments that I must sign.

 

-in finishing my career, at the interview she asked me about it, she asked how much left me to finish, I answer “8 months” 

 

In the from there’s no question about ownership house, business, etc....

 

anyway i I feel up to reapply i will, and ask for advise here.

 

thanks.

First I want to make it clear that my comment are how an outsider looks at these. I don't want you to think I'm picking on you. Sadly when so many others have failed to return home it does hurt those that are truly only trying to visit. 

 

Now on to your replies to my comments. 

A second job is good but it seems to the CO not enough. 

 

Money you say are good for the trip. (I don't know what all CO's look for, I do know when I was turned back crossing the border from Canada I was told I needed $1,000 for the Week I was going to be in the US. That did not include my hotel and food. She wanted cash. She was a bit stringent. I had credit cards and a decent bank account.) I never had an issue like that one after. 

 

Here is a tricky one. You say you need to be in person for your business. Then how can you be away in another country for so long? It's not like you can be back there in an hour. So for this point I would say not a strong tie at all. 

 

8 months of school, now that one is something I would have thought to be a good tie. What degree is it for this time? Maybe they felt it was something you could easily transfer to a US school. 

 

I'm sure you list where you live and wouldn't be hard for them to figure out if you own it or not. 

 

Sure try it again, just wanted to give you another perspective how your documents look and why they don't really ask for them. 

[old-fella 109]

not to be rude. I am putting few things for you to think and may be answer if possible. I don't sugarcoat so this may sound rude to you. Sorry for that 

 

Few simple questions:

You said you do not have travel history. And you applied for US Tourist visa that too alone leaving your husband/bf behind.

What is your reason for a tourist visa to the US?  (if I am going on vacation, I want my wife to be with me. I want a vacation with my family. I ain't going on vacation alone)

Do you have relatives/family living in the US? If so how did they arrive in the US?

 

Did you have a tentative travel plan? Like where you wanted to go or do in US?

Did you had enough money to support that travel plan (please don't say, you have that in the credit card. I have a credit card with a 50k$ limit but that is not the money I have)

what sort of business do you have? 

How long have you been working?

 

There are too many things that come into play for a tourist visa. It's your responsibility to prove you won't stay back or forgot to return home country after you land in America. 

 

 

[RLA 324]

2 hours ago, Jaquelly said:

They will always err on the side that you will overstay. It is YOUR responsibility to prove, without a doubt, that you will not.

Easy to say, but how are you supposed to prove that when the CO won't even look at the evidence? 

[geowrian 22,338]

8 minutes ago, RLA said:

Easy to say, but how are you supposed to prove that when the CO won't even look at the evidence? 

That is the challenge, but as noted previously, most of what they need to know is in the DS-160 already.

[old-fella 109]

5 minutes ago, RLA said:

Easy to say, but how are you supposed to prove that when the CO won't even look at the evidence? 

I am not trying to pick a fight.

 

They go through your visa application before interview. Irrespective of which visa. Our Cr1 was denied first and second time after 3 years they approved. we were as mad as anyone when our visa was denied 1st time. But when they approved second time, we understood the reason behind. They were testing our relationship. 

 

Coming back to NIV,  CO has learned a lot of lessons when people kind of forget to get back to their home country after the visa is expired.  Once bitten twice shy

[SalishSea 18,074]

10 minutes ago, RLA said:

Easy to say, but how are you supposed to prove that when the CO won't even look at the evidence? 

The DS-160 is pretty thorough.  And document forgery is big business $$.

[RLA 324]

10 minutes ago, geowrian said:

That is the challenge, but as noted previously, most of what they need to know is in the DS-160 already.

 

8 minutes ago, Jorgedig said:

The DS-160 is pretty thorough.  And document forgery is big business $$.

Hmm, I've done the DS-160 twice.  I don't remember there being any section about binding ties, e.g., questions about financial status or home ownership.  Both things that would typically be accepted as ties, and that the OP could have provided given the chance.  Maybe they are using a different DS-160 for the Dominican Republik? 

Edited September 19, 2018 by RLA
grammar

[SalishSea 18,074]

2 minutes ago, RLA said:

 

Hmm, I did the DS-160 twice.  I don't remember there being any section about binding ties, e.g., questions about financial status or home ownership.  Both things that would typically accepted as ties, and that the OP could have provided given the chance.  Maybe they are using a different DS-160 for the Dominican Republik? 

The forms will be the same for every country.  It does ask about marital status, address history, employment and education, monthly income, family ties, past travel outside of country of residence, etc.  

[Boiler 45,927]

They are all the same, there is no magical 'document' anyway.

[SUMMERT 1]

1 hour ago, old-fella said:

not to be rude. I am putting few things for you to think and may be answer if possible. I don't sugarcoat so this may sound rude to you. Sorry for that 

 

Few simple questions:

You said you do not have travel history. And you applied for US Tourist visa that too alone leaving your husband/bf behind.

What is your reason for a tourist visa to the US?  (if I am going on vacation, I want my wife to be with me. I want a vacation with my family. I ain't going on vacation alone)

Do you have relatives/family living in the US? If so how did they arrive in the US?

 

Did you have a tentative travel plan? Like where you wanted to go or do in US?

Did you had enough money to support that travel plan (please don't say, you have that in the credit card. I have a credit card with a 50k$ limit but that is not the money I have)

what sort of business do you have? 

How long have you been working?

 

There are too many things that come into play for a tourist visa. It's your responsibility to prove you won't stay back or forgot to return home country after you land in America. 

 

 

For that planned vacations I was going alone cuz my partner vacations are in January, mine are in summer. Our vacations from job doesn’t match.

 

I know saying “I won’t star illegally” won’t work.

[SUMMERT 1]

25 minutes ago, Jorgedig said:

The forms will be the same for every country.  It does ask about marital status, address history, employment and education, monthly income, family ties, past travel outside of country of residence, etc.  

In the form the only thing missing was If I own Proprieties.

 

maybe I have an answer they didn’t expect it 

[SalishSea 18,074]

1 minute ago, SUMMERT said:

In the form the only thing missing was If I own Proprieties.

 

maybe I have an answer they didn’t expect it 

So property ownership may be considered a weaker tie for your country's consulate.  People can continue to own property while overstaying...