refusal of Spouse F-1 visa on account of child birth in US

[kirshan123 0]

Dear community members,

I am sure you have had this topic under discussion on various posts. I seek some advise as to the Counselor refusal and the statement and I quote "ineligibility for life" although the rejection was on account of 214 (b). The birth of 2nd child in the US was under exceptional circumstances, it was never our intent to have a baby there but my wife and I developed severe differences during the birth of our 2nd child. consequently she traveled to the US and delivered the child with some support from medicare. later on our differences reconciled and subsequently we had our 3rd child back in our country. during the course of my visit with here to the US we tried hard to settle the dues but couldn't reach the records for settlement and were told numerous times even the health ombudsman we tried to reach for settling the dues to no avail.

This year my spouse applied for reputable University in a masters program all funded and sponsored by me and subsequently applied for F-1 visa for along with F-2 for the children accompanying her. In the interview she told categorically that our middle child is local citizen as we had his registration, passport and citizenship, the counselor advised my spouse to submit the documents of the 2 children who were locally born to the consulate. she was then called in the next day and she narrated the very facts I have mentioned above. the counselor replied that she was ineligible to apply for visa from anywhere in the globe until she had sponsorship from the US as she would be refused the visa. she spoke the truth as we never intended to have a child in the US and we told that to the counselor and this happened because of a family dispute that had given rise to differences between me and her and for the time she decided to go to the US.

I am in the process of reaching again the hospital authorities to settle the dues even if they have been settled by medicare/medicaid. I want to know whether she would ever become eligible given the fact that she did commit a mistake but it was not deliberate. she is employed with a reputable government agency and I am employed with a leading financial institution at a senior level. this is the whole deal and I could use some advise as she wishes to pursue her PhD and is now regretting the decision as it happened because of extraordinary family circumstances.

kind regards

[canadian_wife 1,820]

Ok - you are a US citizen yes? Your wife came to the US and had a child? She racked up a bunch of bills that are currently unpaid?

And you are confused about why she was denied the visa?

If the above is true, then she had strong immigrant intent with a USC spouse and child. I am not surprised she was denied a non-immigrant visa, why do you not petition her for an immigrant visa?

good luck

[kirshan123 0]

Thank you for your immediate reply, I am sorry I forgot to mention that we had a visit visa i.e. there was a domestic problem due to which the relationship got ona rocky road and she traveled to the US with my elder child and gave birth... later as the reconciliation happened she came back and then we went to the US 2 times to have this resolved but couldn't. Now she is presently enrolled in a masters program and was refused the F1 visa because of the child birth in the US. I had not applied as I am a senior manager and will be financing her education abroad and my children were to travel with her.

Please advise as her admission will be gone to waste...

regards;

Edited July 30, 2014 by kirshan123

[NigeriaorBust 4,087]

You have to repay the government for the money they spent on the birth. The hospital also if there is outstanding balances. Even if you do this there is no guarantee that she will get a visa because of the past abuse of her visa. She misused the visa to give birth in the US at the expensive of all the US tax payers and now she is no longer welcome. Paying back all the money may earn forgiveness but I wouldn't count on it.

[Boiler 45,419]

I think this is the situation:

Both Pakistani's

Had marital dispute and the wife left and went to the US to visit talking the first child. Presumably with the Fathers approval.

Accidentally had second child in the US, accidentally paid for by Emergency Medicaid.

Returned home, reunited had a third child.

Wife applied for F1 visa to study in US, along with F2's for two of the children, the third one is a US Citizen.

Turned down by the Consulate due to prior use of Emergency Medicaid.

They might be wondering how you study full time and look after 3 children at the same time but the Emergency Medicaid killed it without needing to go further.

[Mollie09 1,543]

I guess OP, plain and simple, your wife odds are slim. Obtaining means tested benefits while on a tourist visa was a mistake that will impact her visits to the US forever. There is no simple answer, this wasn't a mistake on their part to deny her.

[kirshan123 0]

Thank you for responses, I am aware that there was a breach and it was not intended. and Boiler you have construed this correctly, but its not the financial aspect that I believe has let to the turn down. as during this period my spouse made 4 visits to the US, our 3rd child was issued the B1 visa as the 3rd one was born in the end of 2011 and the visa was issued in 2012.

I work for a very reputable bank and at a senior level, which the counselor was made of aware of and initially her documents were also taken for processing until the next day when she was called where she spoke and told the counselor about our 2 child, so I am guessing my spouse's veracity was taken in the light of concealment of facts and moreover that she used medicare.

[kirshan123 0]

so basically even if we do repay the dues the odds are slim of getting the visa, as there has been a breach of trust. Nevertheless shall try to clear her name by paying the dues and I understand the denial happened for a reason.

lastly please do need some advise as to how I can settle the hospital dues and medicare while I am here in my country or should I apply individually for a visit visa and then make a visit for settling the dues.

regards and thanks...

[Boiler 45,419]

If I understand correctly you are not applying for a Visa, you are providing financial support. So you job etc is only relevant to substantiate that financial support.

I do not think when the third child applied for a visa the issue of the second child would have arisen. The Consulate would not have known.

Obviously does arise when you wife applied for the F1.

Was the B Visa cancelled?

You do not accidentally get Emergency Medicaid, forms to fill in etc, so I would ask your Wife for those. I doubt if going there would help.

Edited July 30, 2014 by Boiler

[Penguin_ie 5,993]

Can you explain this bit from your first post:

" the counselor replied that she was ineligible to apply for visa from anywhere in the globe until she had sponsorship from the US as she would be refused the visa."

Do you know what sponsorship the CO was refering to? Did she maybe not have enough money to show she can support herself and the kids in the US while studying, without working (which is not allowed on an F1)?

[Mollie09 1,543]

Can you explain this bit from your first post:

" the counselor replied that she was ineligible to apply for visa from anywhere in the globe until she had sponsorship from the US as she would be refused the visa."

Do you know what sponsorship the CO was refering to? Did she maybe not have enough money to show she can support herself and the kids in the US while studying, without working (which is not allowed on an F1)?

He might have meant she would be ineligible for a visa until her US citizen child could sponsor her as an immediate relative.

Edited July 30, 2014 by F1H1I130

[milimelo 4,475]

Can you explain this bit from your first post:

" the counselor replied that she was ineligible to apply for visa from anywhere in the globe until she had sponsorship from the US as she would be refused the visa."

Do you know what sponsorship the CO was refering to? Did she maybe not have enough money to show she can support herself and the kids in the US while studying, without working (which is not allowed on an F1)?

The way I'm reading is that it could potentially be several things:

- misrep charge (not listing her USC child as USC) - but they gave her 214 (b) - maybe they didn't want to deal with this now? Whose child is it?

-another would be overstay on tourist visa - OP never said how long she was in the US and when she returned with the baby to her home country.

- being public charge and not repaying the debts (would also be covered under 214 (b))

In the interview she told categorically that our middle child is local citizen as we had his registration, passport and citizenship, the counselor advised my spouse to submit the documents of the 2 children who were locally born to the consulate.

[Boiler 45,419]

They only need one reason to say no.

[Boiler 45,419]

In the interview she told categorically that our middle child is local citizen as we had his registration, passport and citizenship

Makes me wonder if they had applied for a F2 for the USC child. CO noticed the place of birth and it went downhill from there.

[kirshan123 0]

HI thank you for the queries, just to tell you once the university was apprised that we have 3 children but 2 of them are ones who do not have american passport the I 20 was issued for the only 2 children thus the university was told clearly in the application that we have 3 children,2 of which are Pakistan born. Thus the 2 children were issued I 20 for the F2 visa. when the visa officer interviewed she read from the application and asked that you have 3 children and you are taking 2 along? why is that, so she told the officer that the father is reluctant at this time to let go and the 3rd one will visit with the father who is to stay back and support.

About the comment the counselor made on sponsorship, it was that only the 2nd born child would now be able to sponsor for visa and that her name is now on the DBase and she would not issued a visa no matter from where she applied from the globe, my spouse in the very discussion also said that we have tried to settle the dues to no avail, however she responded that for medicare it cannot be reimbursed... and that she was ineligible until he turned 18 and sponsored. I think probably the fact that the 2nd child wasn't travelling and that the details pertinent to him her were not there made the visa officer suspicious. so the university application contained the details of 3 children and once the university was given proof of the income then the University issued 3 I 20 letters for spouse and 2 children.

lastly in her 4 trips to the US, she has never over stayed or broken any law.