Complicated background, got denied for F1 visa. Please help!

[Birdybird01 0]

Hello everyone,

My situation might be a little confusing but I will try my best to explain clearly. I first went to the US on 2008 under a J1 visa then got married to an US citizen(was my boyfriend for many years). I got my green card but I never worked or applied for citizenship as I always wanted us to come back to Turkey. The reason for this is because my parents are old and need my care(not financially but me being present) Me and my husband were on and off because of this reason. After a year I left everything and came back. Then of course we got separated on 2010. Early this year we got a divorce and it is now all over.

So whats new is I recently applied to a certificate course in the states. It is only for 9 months and since it is a short term thing it is ok for me to go. I only want to do it to update my resume (I need a very good college degree but do not have time to do it for 4 years as I have to work)I have a wonderful journalism career in my own country, i been working at biggest national paper and very well known news agency. I just quit my job to go as I was very sure I would get the visa and my sister got a loan from her bank which is $26,000.

I had an interview at the embassy yesterday in Istanbul. I had all the documents from the school, my sponsor papers, my diploma, I-20 of course and everything else really. Of course the official only looked at the most necessary ones (application form, passport, sevis, I20) It was all going fine until he checked his computer and asked if I have a fiance in US. It was a shocking question for me. Apparently before we got a divorce, my ex husband again applied for a fiance visa so he can get me back into the country and although we are divorced, the file is still on the system. I was not aware of this. And I think the officer got very confused and did not believe me and my ex are divorced or out of touch. He said there is a form filed under my name, etc etc. Well at the end he denied my visa under the case of 214b.

Afterwards, I immediately reapplied for next week and contacted my ex husband. He will now write a letter, get a letter from his divorce lawyer, his army card. Main thing is that he will call the USCIS to remove his case or update our status as divorced or get any documents they can give. I will also put more money in my bank account and get copies which i didn't last time.

What else can I do, collect and prepare for my next interview? I know people on this website are amazingly helpful but I really do not want to hear how it is difficult for me to get a visa, etc. I know that is a tough case already.

To sum it all up, I definitely have no intentions to over stay as I have a very good career here and a family to take care of. Since we got a loan, it also should prove that I have no intentions to work illegally. On top of that, I am engaged and we want to get married on June. Not sure if I should mention that though? Please help me.

Thanks so much!

[RhettVoe 282]

when the CO asks you this question, "who will take care of your parents during your 9 month absence?", what are you going to answer?

If "oh, some relatives will take care of them..."..then the next question will be,,"if they can take care of your parents for 9 months, why not 9 years?"...there is an inconsistency in this particular 'tie' to Turkey that needs to be addressed.

[Birdybird01 0]

when the CO asks you this question, "who will take care of your parents during your 9 month absence?", what are you going to answer?

If "oh, some relatives will take care of them..."..then the next question will be,,"if they can take care of your parents for 9 months, why not 9 years?"...there is an inconsistency in this particular 'tie' to Turkey that needs to be addressed.

I understand that but I am not sure what else I can say to prove I will not overstay. My brothers will take over when I leave to look after my parents but they can only do it so much as they got their own families.

[RhettVoe 282]

but (as the CO will wonder, then ask), if they can care for your parents for 9 months, why NOT a day longer, or a year, or more? There is nothing magic about 9 months....if your siblings can do this for 9 months, without upsetting their own lives, why would their limit be 9 months? That's the inconsistency....if you don't return, your siblings will still be there, correct? And they cannot force you to return, correct?

This particular excuse, upon close examination, won't stand up well to logic.

[Birdybird01 0]

but (as the CO will wonder, then ask), if they can care for your parents for 9 months, why NOT a day longer, or a year, or more? There is nothing magic about 9 months....if your siblings can do this for 9 months, without upsetting their own lives, why would their limit be 9 months? That's the inconsistency....if you don't return, your siblings will still be there, correct? And they cannot force you to return, correct?

This particular excuse, upon close examination, won't stand up well to logic.

When I quit my editor job just for this course recently, my boss said he would definitely employ me when I get back. If I get a piece of headed and signed paper saying this from him(its a very well known newspaper) would that be convincing?

[MUXAGIRL 69]

What about the new fiance? Is he in Turkey? May be mention of him will earn you some 'strong ties' credibility ?

And why on earth your ex-husband file a fiance petition without telling you? That is crazy!

[Darnell 8,478]

as to the prior stuff that tripped you up on interview day:

I suggest you get several letters of attestation done, covering:

1. marriage/divorce to uscitizen

2. uscitizen filing I-129F after divorce finalized

1 you can write, 2 must be written by him and notarized by a notary public in the USA.

have these in your hand on interview day, give over in first 20 seconds of interview, telling the visa officer, "I have lived in USA before, here's more information about it".

[Birdybird01 0]

as to the prior stuff that tripped you up on interview day:

I suggest you get several letters of attestation done, covering:

1. marriage/divorce to uscitizen

2. uscitizen filing I-129F after divorce finalized

1 you can write, 2 must be written by him and notarized by a notary public in the USA.

have these in your hand on interview day, give over in first 20 seconds of interview, telling the visa officer, "I have lived in USA before, here's more information about it".

Thank you for the very helpful answer. I got another appointment for next Wednesday.

I got my ex write a letter with his contact info, copy of divorce decree signed by court, letter to the USCIS and the lawyer contract.

Is there anything else I should get?

I know my situation seems a bit shady to the officers at the embassy but i really thought it would work in my favor as I was the one leaving the country and abandoning my green card. Also this form my ex sent to USCIS was approved on the same day we got a divorce, so if I ever wanted to go back, instead of paying thousands of dollars to a school I would certainly get on a plane and go?

I want to say all of these to the official at the embassy without sounding too defensive and pushy. Please help. Thank you!

[Darnell 8,478]

so the I-129F was approved but no followup at the IV Unit in Turkey for actual K-1 visa application? that's weird.

stick with my list, those 2 letters of attestation, as you have serious issues to handle.

[Birdybird01 0]

so the I-129F was approved but no followup at the IV Unit in Turkey for actual K-1 visa application? that's weird.

stick with my list, those 2 letters of attestation, as you have serious issues to handle.

I believe it was a I-130 petition. What he says that happened was when we got a divorce, he did not contact the USCIS so the file is still on their system. When the official checked while interviewing me, of course he got confused. My ex already sent them our divorce papers and a letter to them to close the case last Friday. We will check with that this week.

I will stick with your list. If you think of anything else, please let me know.

[ashleyphilly 70]

That is weird because in order for a petition to be approved, USCIS needs the signatures of the beneficiary ob the forms as well. How did he get your signatures on the forms?