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Virginian61

Student Visa from thailand

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Filed: Citizen (pnd) Country: Thailand
Timeline

Married  to Thai, now nationalized. I retired and live part-time in US and Thailand. Can't get back to Thailand this year due to covid travel restrictions. So we decided to sponsor our niece for a student visa to better her career prospects.

 

She was accepted to university and went to visa interview. She was denied because, as near as we can understand, the fact that she has relative in the US means she is an intending immigrant. Any tips on overcoming this assumption? Is this worldwide or just the consulate people in Thailand? Thanks!

N-400 CITIZENSHIP TIMELINE

10/20/14...N-400 mailed to Phoenix
--/--/14.. N-400 packet received
--/--/14... Check cashed
--/--/14... NOA1 received (Priority Date 10/10/14)
---/---/14... Biometrics Letter received (Bio set for --/--/14)
---/---/14... Early walk-in for Biometrics (Tampa FL)
---/---/14... In line for interview
---/---/14... Interview completed
---/---/14... Oath letter received
---/---/14... Oath Ceremony!

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Filed: Citizen (apr) Country: Taiwan
Timeline

The only way to overcome the assumption is to provide convincing evidence that she will return to her country after her education.  I assume evidence of ability to pay the costs of education were sufficient.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (pnd) Country: Thailand
Timeline
42 minutes ago, Lucky Cat said:

The only way to overcome the assumption is to provide convincing evidence that she will return to her country after her education.  I assume evidence of ability to pay the costs of education were sufficient.....

Thanks. I thought we had that covered. I gave a letter of explanation along with copies of my Thai resident visas. They seem hung up on the fact that she has any relative at all in the US. But that's the reason she is coming here - so we can help. I think this is some local policy but am at a loss on how to overcome it. 

N-400 CITIZENSHIP TIMELINE

10/20/14...N-400 mailed to Phoenix
--/--/14.. N-400 packet received
--/--/14... Check cashed
--/--/14... NOA1 received (Priority Date 10/10/14)
---/---/14... Biometrics Letter received (Bio set for --/--/14)
---/---/14... Early walk-in for Biometrics (Tampa FL)
---/---/14... In line for interview
---/---/14... Interview completed
---/---/14... Oath letter received
---/---/14... Oath Ceremony!

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12 minutes ago, Virginian61 said:

Thanks. I thought we had that covered. I gave a letter of explanation along with copies of my Thai resident visas. They seem hung up on the fact that she has any relative at all in the US. But that's the reason she is coming here - so we can help. I think this is some local policy but am at a loss on how to overcome it. 

No, it’s quite common for student visas to be refused for similar reasons. She can try again and hope for a more lenient CO and/or bring better proof of her (not your) intentions to return to Thailand. 
What kind of course were you sponsoring her for?

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Filed: Timeline
15 hours ago, Virginian61 said:

Thanks. I thought we had that covered. I gave a letter of explanation along with copies of my Thai resident visas. They seem hung up on the fact that she has any relative at all in the US. But that's the reason she is coming here - so we can help. I think this is some local policy but am at a loss on how to overcome it. 

It is not local policy -- it is federal law.  The consular officer, by law, must assume that a visa applicant intends to use a visa to immigrate until/unless the applicant can show sufficient reasons (i.e., "ties") to a country outside the US that will ensure they will leave the US at the end of his/her authorized stay.  A letter from you and a copy of your Thai visa is not sufficient to convince a consular officer of anything regarding your niece.

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