Denial in first F1 Interview

[Rocio0010 5,579]

Just now, Michael98 said:

and the fact that I just prefer Germany to be the country I want to live in on the long term. There are many factors that play into that

I wonder how you are going to prove that. I mean, I can say "Oh, I want to live in Argentina in two years", but that is wishful thinking for the US Department of State. They assume immigrant intent, and it's your job to prove them wrong. Simply saying "oh yeah I want to come back" is not going to cut it.

 

3 minutes ago, Michael98 said:

if I should give it another attempt. 

I mean, if you have money to waste, sure, why not. But that doesn't mean you're going to get it. Especially if you keep repeatedly applying. That, to them, is visa shopping.

[arken 4,197]

22 minutes ago, Michael98 said:

Is there any way to fight the statement? With an appropriate lawyer or the traveler redress inquiry program ?

 

Q: you told the officer that you will have a side job if the opportunity came along, is this correct? 
A: Yes.

—> in the initial interview the topic in our conversation was about my future with my Girlfriend and I even added that I know that I would need the appropriate visa for that 

No lawyer can fight that as they can't change your "Yes" answer to that question and no lawyers are allowed to explain your intent in a visa interview. Even if they write any calcification statement, COs aren't required to read them.

 

When one is going to the US visit or  study and have a gf there and says "yes i plan to marry her one day of course since she is my gf and settle there"  it will be a denial even of the person was talking about marriage and work and settling in the US 20 years down the road. It should always be i'll return back after my intended visit or study, no work or nothing. Most F1 students end up working 1-2 year on OPT and are actually allowed to file H1 thru employers to legally work. Even in that case if one says "yes after finishing study, i plan to work by filing for H1 and such" it will be denied. The intent is very important whether immediate or future one.

[Mixel96 8]

3 minutes ago, Rocio0010 said:

I wonder how you are going to prove that. I mean, I can say "Oh, I want to live in Argentina in two years", but that is wishful thinking for the US Department of State. They assume immigrant intent, and it's your job to prove them wrong. Simply saying "oh yeah I want to come back" is not going to cut it.

 

I mean, if you have money to waste, sure, why not. But that doesn't mean you're going to get it. Especially if you keep repeatedly applying. That, to them, is visa shopping.

I want to consult my lawyer starting next week and see what he suggests me to do. As long as I don’t feel confident in providing new circumstances I won’t reapply. 
 

do you think it would be a good idea to list the university campus as a „home adress“ while staying in the US instead of my girlfriends house? If they ask me why I changed it, I would say we broke up. 

[Boiler 45,467]

Just now, Michael98 said:

I want to consult my lawyer starting next week and see what he suggests me to do. As long as I don’t feel confident in providing new circumstances I won’t reapply. 
 

do you think it would be a good idea to list the university campus as a „home adress“ while staying in the US instead of my girlfriends house? If they ask me why I changed it, I would say we broke up. 

F1 is not a shack up with my Girlfriend visa, any future application will be looked at with your know history and nothing a Lawyer can do.

[carmel34 3,621]

2 minutes ago, Michael98 said:

do you think it would be a good idea to list the university campus as a „home adress“ while staying in the US instead of my girlfriends house? If they ask me why I changed it, I would say we broke up

not a good idea, definitely don't do this.  Honesty matters or it will come back to bite you later.  You sound desperate to get to the US and that will not help your case.

[Rocio0010 5,579]

1 minute ago, Michael98 said:

If they ask me why I changed it, I would say we broke up.

Absolutely NO. NEVER LIE TO AN IMMIGRATION OFFICER. That is going to be on your records. Then later on, if you decide to marry, they are going to ask you about this "fake" break up. Moreover, you will have to proof your relationship with her. If you lie, you're not going to be ale to do that. NO, NO, NO.

 

2 minutes ago, Michael98 said:

do you think it would be a good idea to list the university campus as a „home adress“ while staying in the US instead of my girlfriends house?

List the address of where you're going to live. DO NOT LIE.

 

3 minutes ago, Michael98 said:

I want to consult my lawyer starting next week and see what he suggests me to do

Be careful of lawyers telling you you can reapply. You know you're going to get denied. If your lawyer says you can reapply right now, he is stealing your money.

[Mixel96 8]

Okay thank you guys. 
 

I mean of course, I am desperate right now. A little misunderstanding caused this mess. My goal is to complete my masters degree in the U.S. and I can’t. I am honest when I’m saying I am not intending to work when I don’t have the appropriate visa to do so. Apparently that is not enough. 
 

So no one of you guys thinks that I have a chance ?

[Redro 4,611]

33 minutes ago, Michael98 said:

@SusieQQQ

yes and I understand by now that that was the reason I was denied entry at that time. But isn’t it just common sense to talk about the possible future, its not equal to an intention for me.

 

my evidence would be that me and my girlfriend agreed to move to Germany after I complete my masters degree. Further I have a strong social life with engagements  in a soccer club. All of my family is also here and we are very close. My mom and dad are not in a good shape health wise, so I want to support them again as soon as possible. Also I want to use my degree to apply at Mercedes-Benz where I had an internship and they are located here. It’s my dream position and going for an international master is benefiting me for that.

My buddy was living in Korea with his USC girlfriend. Only wanted to visit to meet the family. No plans to marry. Denied 3 times for the B2. 

4 minutes ago, Michael98 said:

Okay thank you guys. 
 

I mean of course, I am desperate right now. A little misunderstanding caused this mess. My goal is to complete my masters degree in the U.S. and I can’t. I am honest when I’m saying I am not intending to work when I don’t have the appropriate visa to do so. Apparently that is not enough. 
 

So no one of you guys thinks that I have a chance ?

The only way you are getting into the US now is through an immigrant visa.

Buddy from my previous story? That's how he got into the US. 

Once they deny you. They'll deny you over and over and over again. 

You have a de-facto ban to the US. 

 

Edited May 20, 2022 by ROK2USA

[carmel34 3,621]

6 minutes ago, Michael98 said:

My goal is to complete my masters degree in the U.S. and I can’t.

As I said in my earlier reply, either postpone the master's degree until you can enter the US on a K-1 or CR-1, or you can find a similar program in your home country.  Another option would be to pursue a master's degree with a US university fully online, no need for a US visa to do that.  There are hundreds of very high quality institutions in the US that offer every master's degree you could ever want to consider, all fully online.

Edited May 20, 2022 by carmel34

[Mixel96 8]

Okay. But there are lots of people who receive their F1 in their second, third or even fourth/fifth attempt. Don’t you think I can work on building a strong case on why I will go back to Germany as soon as studies are completed and then have a go again ? I’ve read a lot that is sometimes also based on luck with the officers you have the interview with. Because in the end, their review is totally subjective..

[SusieQQQ 11,586]

43 minutes ago, Michael98 said:

Is there any way to fight the statement? With an appropriate lawyer or the traveler redress inquiry program ?

 

the statement says: 

Q: during the initial interview you stated that you are planning to look for internships and maybe looking into a Masters programs in the US, is this correct ?

A: Yes 

—> I was clearly referring to the past in terms of the internship, and the future with the masters program

 

Q: you told the officer that you will have a side job if the opportunity came along, is this correct? 
A: Yes.

—> in the initial interview the topic in our conversation was about my future with my Girlfriend and I even added that I know that I would need the appropriate visa for that 

Honestly? Using a lawyer for this imo just makes you look super desperate to get to the US and confirms their suspicions. The onus is on the applicant to overcome the suspicion of immigrant intent. I mean, you can you and I’m sure you’ll find a lawyer who will take the case, but I wouldn’t bet on it being successful. 
 

and again .. “ would need the appropriate visa” doesn’t undermine the assumption of immigrant intent. They may think you are just using the F1 as a bridge until you can organize that, which is not the purpose of a student visa. 

[SusieQQQ 11,586]

22 minutes ago, Michael98 said:

 

do you think it would be a good idea to list the university campus as a „home adress“ while staying in the US instead of my girlfriends house? If they ask me why I changed it, I would say we broke up. 

Lying on an immigration form and/or to an immigration officer is the best way to get a lifetime ban to the US.

[Rocio0010 5,579]

3 minutes ago, Michael98 said:

Okay. But there are lots of people who receive their F1 in their second, third or even fourth/fifth attempt.

I am here in VJ a lot. And I mean a lot. I still have to read one of those cases.

 

4 minutes ago, Michael98 said:

Don’t you think I can work on building a strong case on why I will go back to Germany as soon as studies are completed and then have a go again ?

No. Once denied, always denied for an F1.

 

4 minutes ago, Michael98 said:

Because in the end, their review is totally subjective..

Not really. Why do you think people build their cases prior to the interview then?

[Mixel96 8]

1 minute ago, SusieQQQ said:

Lying on an immigration form and/or to an immigration officer is the best way to get a lifetime ban to the US.

Okay. Yes this idea was just stupid.

 

do you guys have any suggestions on how I could make another attempt to obtain my f1? Without sounding or acting   desperate? 
 

The officer at the embassy today seemed to be at least thinking about providing me the visa. I just need to find a better way to clear out the alleged immigration intent.

[Redro 4,611]

19 minutes ago, Michael98 said:

Okay thank you guys. 
 

I mean of course, I am desperate right now. A little misunderstanding caused this mess. My goal is to complete my masters degree in the U.S. and I can’t. I am honest when I’m saying I am not intending to work when I don’t have the appropriate visa to do so. Apparently that is not enough. 
 

So no one of you guys thinks that I have a chance ?

Once they know you are desperate to get into the US. 

#visadeniedFOREVER

6 minutes ago, Michael98 said:

Okay. But there are lots of people who receive their F1 in their second, third or even fourth/fifth attempt. Don’t you think I can work on building a strong case on why I will go back to Germany as soon as studies are completed and then have a go again ? I’ve read a lot that is sometimes also based on luck with the officers you have the interview with. Because in the end, their review is totally subjective..

Not when immigrant intent is an issue.

With a partner your best bet is a K1 or spousal visa. 

 

And if you break up with that long term partner it is probably #gameover. 

Edited May 20, 2022 by ROK2USA