Visa not approved

[jeanieCZ 228]

10 hours ago, lilek.k said:

Thank you all for help, if I knew my K1 visa would be s problem we would have done it differently, maybe erlier but it looks like I am an optymistic thinking when you are honest they would notice. Not everyone is a cheater or consider US as an Eldorado, he only wanted to spend vacation there!

 

 

 

You are totally right and I know where you're coming from, it's sad to hear your vacation and what was supposed to be a happy time together at the beginning of your life in the US turned out such a disappointment.

The Customs and Border Protection officers see people trying to enter the US illegally every day, so it's not surprising they are very alert. And therefore are more likely to act from the point of assumption of quilt, rather than innocence - one of the many differencies between the US and Europe. So, they are just doing their job and when you're about to deal with them, you should be prepared to have a strong case. They aren't allowed to trust your words (because people enter the country illegally based on lies), they need to see evidence of what you tell them.

While I absolutely feel sorry for your family situation, my thoughts to you is look at this realistically: the CBP doesn't care that you did everything right to get your K-1, your son was not a part of that, so he will be scrutinized just like everybody else. 

Just make sure your son has a clear and solid "case" to prove to a CBP officer that he doesn't want to make use of his mother's K-1 to move to the US. Prove other ties to his home country - his father, or a girlfriend, other family; let him find a job in Poland, or does he want to study further? It's recommended for him to have a return ticket on arrival to the US.

 

Good luck!!

[Dashinka 24,504]

2 hours ago, lilek.k said:

Yes I seriously expected him to get approved! I thought and still do that telling the truth is worth it. You really think we should try after few years???

Personally, I don't think he should try again unless his circumstances change materially.  If he goes back in six months, or a year without anything changing much it will most likely be the same results.  It is difficult, when my fiancé was still in Russia, she tried twice in a year to get a visitor visa and both times was denied.  Of course if we knew then what we know now, she would not have wasted her time and money on the second attempt.

[lilek.k 41]

@jeaniecz thank you so much, I am disappoined but there is nothing I can do right now. There are some information that Poland might start a Visa Waiver program so maybe no more visas will be required

Edited July 29, 2019 by lilek.k

[lilek.k 41]

10 minutes ago, Bill & Katya said:

Personally, I don't think he should try again unless his circumstances change materially.  If he goes back in six months, or a year without anything changing much it will most likely be the same results.  It is difficult, when my fiancé was still in Russia, she tried twice in a year to get a visitor visa and both times was denied.  Of course if we knew then what we know now, she would not have wasted her time and money on the second attempt.

That is crazy 😞

[kzielu 1,149]

1 hour ago, lilek.k said:

@jeaniecz thank you so much, I am disappoined but there is nothing I can do right now. There are some information that Poland might start a Visa Waiver program so maybe no more visas will be required

With B2 denial he unfortunately will not ever be eligible to VWP, even if Poland joins to program - sorry to be downer on this. Others above said everything - odds were against you / him in this case - sponsoring him for GC due to his age would be very long so likely they suspected he was trying to circumvent it.

 

Btw - Cleves are very close to where I am, in fact I drove through it (sort of - on 275) yesterday...

[lilek.k 41]

18 minutes ago, kzielu said:

With B2 denial he unfortunately will not ever be eligible to VWP, even if Poland joins to program - sorry to be downer on this. Others above said everything - odds were against you / him in this case - sponsoring him for GC due to his age would be very long so likely they suspected he was trying to circumvent it.

 

Btw - Cleves are very close to where I am, in fact I drove through it (sort of - on 275) yesterday...

What do you mean? They will not let him enter the US at POE? I don't understand.......

[kzielu 1,149]

1 minute ago, lilek.k said:

What do you mean? They will not let him enter the US at POE? I don't understand.......

It means he will get his ESTA deniad - he will  have to apply for B2 or immigrant Visa if he chooses to and has basis to do so.

 

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

[lilek.k 41]

T

8 minutes ago, kzielu said:

It means he will get his ESTA deniad - he will  have to apply for B2 or immigrant Visa if he chooses to and has basis to do so.

 

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

Thank you, that is insane!!!

[Unlockable 7,314]

4 hours ago, lilek.k said:

Yes I seriously expected him to get approved! I thought and still do that telling the truth is worth it. You really think we should try after few years???

One of the biggest mistakes people from first world/developed countries make is assuming that obtaining a visa to America is a given. A visa is never guaranteed. And when denials like this happen the reaction is almost always the same.... utter shock. We have seen denials from Australia, England, Japan, and even Canada. And they all can't believe that they got denied. Rest assured that it doesn't mean he will never get a visitor visa to America in his lifetime.

 

He is free to apply again but he should keep this as a learning lesson and approach it with cautious optimism and not a certainty. Best of luck to you all.

[lilek.k 41]

@Unlockable you are right, nothing should be taken for granted and I know my reaction is one of a desperate mother 😞

[jeanieCZ 228]

That’s a totally normal human reaction. You should be able to get not only factual but also moral support here! Some people seem to be so focused on the facts they forget there’s a human being with a lifestory and emotions behind a post on a forum.

Give yourself some time to recover, gather your options and make a plan. 

 

Good luck!!

[lilek.k 41]

@jeaniecz I appreciate all advice my heart is broken becasue I know how much my son loves US, he was there as a 9 old child with me, he even was studying English philology... We will try again. I was reading that is good to have the employer letter. Do you have any other suggestion what may let the OC think he has a tie in his own country?

[Downloader 199]

On 7/29/2019 at 9:00 AM, jeaniecz said:

That’s a totally normal human reaction. You should be able to get not only factual but also moral support here! Some people seem to be so focused on the facts they forget there’s a human being with a lifestory and emotions behind a post on a forum.

Give yourself some time to recover, gather your options and make a plan. 

 

Good luck!!

Almost everyone that has answered sympathized with her situation (including myself) but I think that more than moral support this is a forum where you get very valuable and precise answers about what was done, why and how to do it better for next time. Explaining to the OP how the process work is the right answer and will be more helpful and productive in the long run. Focusing on the facts is actually key as that's how it is done by the Consular Officers, Adjudicators and the whole system in general. They analyze and weight Facts and make decisions based on that.