[TheBMan]

So while I was in Belgrade last year visiting a friend I met a local girl who I kept in touch with. I invited her to visit me this summer in the US, and she was going to do so for a week or two. She has strong ties to her home country (job, family) and filled out the necessary application. Today at her interview her application was denied under Section 214(b). To say I'm annoyed is an understatement - I hate the though of the government telling me who can and cant visit me. Is there anything I can do or is it a lost cause?

[Kona]

She's probably a spy.

That's a joke. Actually she:

Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant - INA section 214(b)

But don't worry because:

A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.

Did they give her a reason beyond "Sorry Honey 214(b)" or was that it?

Maybe she just caught a consular dude on a bad day, or she didn't swallow.

Try and apply again. Maybe she could buy some refundable tickets so they know she's leaving?

Aloha!

[TheBMan]

(04-28-2016 12:21 AM)Kona Wrote:  

She's probably a spy.

That's a joke. Actually she:

Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant - INA section 214(b)

But don't worry because:

A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.

Did they give her a reason beyond "Sorry Honey 214(b)" or was that it?

Maybe she just caught a consular dude on a bad day, or she didn't swallow.

Try and apply again. Maybe she could buy some refundable tickets so they know she's leaving?

Aloha!

No, they basically asked her a few questions, came back 5 minutes later, and gave her a denial letter. I'm tempted to have her apply again because the I dont mind paying the $150 appplication fee, but I dont really know what she could do differenty. She's 26, single, and doesnt own property. She has no intention of staying in the USA, but I dont know what to do to prove that.

[PapayaTapper]

There's some possibly helpful info here http://visarefusal.com

But this seems to be the problem

Quote:

Limited ties to home country. These are individuals who are young, unemployed or have a low- paying or new job; have no children; are not married; live in rural areas; and/or own no property or assets.
Interview problems. The importance of the interview cannot be underestimated. How the applicant conducts himself; his honesty in answering questions; how he is dressed; reactions; facial expressions; eye contact; hesitation in answering questions; discrepancies in answers to questions and information contained in the application form; nervousness — all go into weighing the applicant’s intentions, credibility, and eligibility for a visa.
Inaccurate consular understanding of facts or law. Consular mistakes in the review of visa applications are manifold. Officers have limited time and resources; are often deficient in the local language; and are inadequately trained in a very complicated area of the law.
Fit overstay profile. If the applicant matches a profile that validation studies have shown tend to overstay visas, the applicant is likely to be denied. For example, during the late 1990s, Russians would buy timeshares in the US and use that as a pretext to visit the US. When several individuals did not return to Russia, the Embassy clamped down on such applicants, with both legitimate and not-so-legitimate timeshare owners paying the price with a 214(b) denial.

[Kissinger2014]

(04-28-2016 06:16 PM)TheBMan Wrote:  

(04-28-2016 12:21 AM)Kona Wrote:  

Try and apply again. Maybe she could buy some refundable tickets so they know she's leaving?

Aloha!

No, they basically asked her a few questions, came back 5 minutes later, and gave her a denial letter. I'm tempted to have her apply again because the I dont mind paying the $150 appplication fee, but I dont really know what she could do differenty. She's 26, single, and doesnt own property. She has no intention of staying in the USA, but I dont know what to do to prove that.

I would save your money and not bother, 95%+ chance she will get denied again.

While she might not want to stay, with the immigration law as it is written, she is presumed guilty until proven innocent: the U.S. assumes all applicants for tourist visas are intending immigrants until proven otherwise.

If you were in the consular officer's shoes, would you make a different decision: a cute Serbian woman with a job (but I'm assuming not a particularly high-paying one; less than $1000 per month), wants to 'visit' a stud she met a year ago. Why would she want to come back from the land of Netflix, Amazon Prime, and Trader Joes?

Again, it might be true in your case, but there were probably hundreds of other cases where the person stayed. There are an estimated 12 million illegal immigrants in the U.S. -- half of them came to the U.S. legally on a valid visa and just stayed.

[TheBMan]

I found the visarefusal.com website yesterday while doing some research after she got denied and came across this:

"Get-acquainted trip to see significant other. Invitations from Americans to their romantic interests often lead to denials. There does not seem to be regard for the stage of the relationship, whether the couple met last week over the Internet or have known each other for years and met each other in the applicant’s home country or in third countries. Usually, little regard is given to the applicant’s ties. There seems to be an assumption that the applicant will do anything to get out of her home country; that the American is her “ticket out”; and that the parties will marry upon her arrival in the States."

I dont mind paying the application fee, at least that way I felt like I did all I could, and there are worse ways I have spend $150. Its too bad she's not a pregnant Mexican or Syrian terrorist - then they would just allow her no questions asked. On the brightside, at least I can have a place to stay in Eastern Europe this summer!

[Kona]

(04-28-2016 06:16 PM)TheBMan Wrote:  

She has no intention of staying in the USA, but I dont know what to do to prove that.

REFUNDABLE RETURN TICKET

If they deny her again, she gets the money back.

Aloha!

[Beirut]

Does she have a sizable bank account in her name?

[TheBMan]

(04-29-2016 06:30 AM)Beirut Wrote:  

Does she have a sizable bank account in her name?

I havent check her financials, but I highly doubt it

[PapayaTapper]

(04-28-2016 08:50 PM)TheBMan Wrote:  

I found the visarefusal.com website yesterday while doing some research after she got denied and came across this:

"Get-acquainted trip to see significant other. Invitations from Americans to their romantic interests often lead to denials. There does not seem to be regard for the stage of the relationship, whether the couple met last week over the Internet or have known each other for years and met each other in the applicant’s home country or in third countries. Usually, little regard is given to the applicant’s ties. There seems to be an assumption that the applicant will do anything to get out of her home country; that the American is her “ticket out”; and that the parties will marry upon her arrival in the States."

I dont mind paying the application fee, at least that way I felt like I did all I could, and there are worse ways I have spend $150. Its too bad she's not a pregnant Mexican or Syrian terrorist - then they would just allow her no questions asked. On the brightside, at least I can have a place to stay in Eastern Europe this summer!

She needs to change her story...As long as she fits the profile of a chick coming to US to meet a guy she will get denied.

Perhaps if she said she was traveling with a couple girl friends to see New York city as a shopping tourist, for example, she might get through. Once she's in NY she can travel domestically unabated

[Beirut]

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

[mammal]

And the sizable bank account needsto have had the money in it for a long time,the longer the better. So it's not the obvious scam of a parent lending money.

You also probably don't know whether she has applied before to visit other guys (sorry to be so blunt.)

Unfortunately it's a catch-22. The only way to convince the consul that she'll leave after her visit is to have visited the US before and have left. Or at least to have visited other economically desirable countries and left. Again probably a catch-22 unless she's had the money for multiple previous trips to Canada, W Eur, etc.

[TheBMan]

(04-29-2016 11:10 AM)Beirut Wrote:  

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

I spoke w/her today - they never checked her bank account because I gave her a note saying I'd cover all expenses. They also asked her if she had a salaried job, and she said no because her job doesnt pay a 'salary', more of a commission/hourly rate.

[PapayaTapper]

(04-29-2016 03:59 PM)TheBMan Wrote:  

(04-29-2016 11:10 AM)Beirut Wrote:  

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

I spoke w/her today - they never checked her bank account because I gave her a note saying I'd cover all expenses. They also asked her if she had a salaried job, and she said no because her job doesnt pay a 'salary', more of a commission/hourly rate.

That's your deal killer/red flag right there...someone going on vacation doesn't have or need someone in that country "cover her expenses".

[TheBMan]

(04-29-2016 06:36 PM)PapayaTapper Wrote:  

(04-29-2016 03:59 PM)TheBMan Wrote:  

(04-29-2016 11:10 AM)Beirut Wrote:  

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

I spoke w/her today - they never checked her bank account because I gave her a note saying I'd cover all expenses. They also asked her if she had a salaried job, and she said no because her job doesnt pay a 'salary', more of a commission/hourly rate.

That's your deal killer/red flag right there...someone going on vacation doesn't have or need someone in that country "cover her expenses".

From what I've read it helps to have a letter from the person inviting you to get the visa.

[PapayaTapper]

(04-29-2016 07:40 PM)TheBMan Wrote:  

(04-29-2016 06:36 PM)PapayaTapper Wrote:  

(04-29-2016 03:59 PM)TheBMan Wrote:  

(04-29-2016 11:10 AM)Beirut Wrote:  

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

I spoke w/her today - they never checked her bank account because I gave her a note saying I'd cover all expenses. They also asked her if she had a salaried job, and she said no because her job doesnt pay a 'salary', more of a commission/hourly rate.

That's your deal killer/red flag right there...someone going on vacation doesn't have or need someone in that country "cover her expenses".

From what I've read it helps to have a letter from the person inviting you to get the visa.

This runs contrary to the gist I took away from skimming through the visarefused.com (sic) site...ANY thing that looks like it might be an intention to come and stay is a red flag. A young chick coming to meet an American dude that's paying her way for here?



I'm no expert but that's what I got

[TheBMan]

(04-29-2016 07:50 PM)PapayaTapper Wrote:  

(04-29-2016 07:40 PM)TheBMan Wrote:  

(04-29-2016 06:36 PM)PapayaTapper Wrote:  

(04-29-2016 03:59 PM)TheBMan Wrote:  

(04-29-2016 11:10 AM)Beirut Wrote:  

Here you have to provide proof of employment or current enrollment in schooling and a bank account that has a certain minimum amount, or maybe property under your name.

Otherwise they will see you as someone who has nothing and is going to try to make it in america.

I spoke w/her today - they never checked her bank account because I gave her a note saying I'd cover all expenses. They also asked her if she had a salaried job, and she said no because her job doesnt pay a 'salary', more of a commission/hourly rate.

That's your deal killer/red flag right there...someone going on vacation doesn't have or need someone in that country "cover her expenses".

From what I've read it helps to have a letter from the person inviting you to get the visa.

This runs contrary to the gist I took away from skimming through the visarefused.com (sic) site...ANY thing that looks like it might be an intention to come and stay is a red flag. A young chick coming to meet an American dude that's paying her way for here?



I'm no expert but that's what I got

Dont disagree, just seems ridiculous I cant have a female visitor.

[PapayaTapper]

(04-29-2016 07:55 PM)TheBMan Wrote:  

Dont disagree, just seems ridiculous I cant have a female visitor.

I get your frustration...it's a shame she's not from a visa waiver country.

I do think that if she frames her story properly (she and a female friend are coming as tourists and for shopping) she'd have a reasonable chance of getting it. That interview is critical so the story needs to be fully fleshed out

[Wayout]

[/quote]

Dont disagree, just seems ridiculous I cant have a female visitor.
[/quote]

This! It is ridiculous! But what can I do about it? Why do we (men) let our government to "protect" us from feminine young foreign women?

I have been in the same situation many times when I wanted to invite someone to my country to travel or just to spend a week or two. Most of the time I can't get a week off from work when I want, so going to their country ( as US government suggests) is not an option!

I have researched this topic extensively and my conclusion is that the decision to issue a visa or not is made largely by a computer. There's an algorithm involved calculating probability of someone overstaying their visa. Beside obvious factors the system takes in the account,for example, how many women overstayed their visa in the past in this age bracket,from this region. When you go to the window for the "interview" with a consular officer, the decision is 99% made. The officer can override it if he feels so.

I would love to actually speak with someone who did this job in the past to verify my theory. Please pm me privately if you have worked in a US consulate.

As far as how to get a US tourist visa - you need to have all necessary elements in your application for the computer to give you a high score.
Such as: address in a rich neighborhood, be married,have children, long term employment with a salary that is typical ( do not put much higher salary),extensive foreign travel....etc.
Now can you lie about all this? Yes! The visa officer has about two minutes to make a decision and often times if you look the part - they will issue the visa! You don't have to bring any proof of anything you claim on the application - that's the beauty of it! And in "poorer" countries those documents can be faked easily anyway.
Of course, if they suspect you are obviously lying, they will postpone the decision and might verify some information. But usually it's very brief and easily predictable.They have no men power to research every applicant. The have a very profitable gig collecting 160 USD from every applicant every 5 min!

[Kona]

(04-30-2016 03:36 PM)Wayout Wrote:  

Why do we (men) let our government to "protect" us from feminine young foreign women?

I can think of a few people that wish this happy couple's visa received a little extra scrutiny.



Those two were just some newlyweds in San Bernardino.

That's who all these screwball rules are supposed to be protecting us from.

Aloha!

[PapayaTapper]

OP

More helpful info for you (as always) on RVF

thread-34228...#pid681391

[Beirut]

Op their concern for salaried jobs is that she has a tie to the country. She shoukd present them an employment letter frim her employers and answer yes when asked if she has a job.
Employers should also mention that they approve of her vacation.

If she has an active bank account where her job money is paid or where she has money, she should present a bank statement for it as well.

[ovloV]

It's ready been said, but she appears to be a textbook greencard seeker: young, single woman with no property in her home country is going to draw a lot of scrutiny.