USA visa refused 4 times
I have been refused a USA visa and/or an ESTA five times under 214(b). The first time I was married to a British citizen and have one child. We were supposed to travel together but I was the only person who needed a visa, because I had a 2-year spouse visa.
The second time I was divorced but wanted to go on vacation with my daughter. I had indefinite leave to remain at this time but was refused.
The tird time, I had an invitation from a friend to visit with my daughter but was refused because I don't have strong family ties in the States.
The fourth time, I had a British passport and applied for an ESTA but was denied. I applied for a non-immigrant visa, stating that I have a fiancé in the States and was going to visit him, but I was refused again and was asked to go and apply for a fiancee visa (K-1).
The fifth time, I tried ESTA again after a year but was denied.
My boyfriend has a green card and can visit me here but I can't visit him. And I cannot apply for a K-1 visa because he is not an American citizen.
What else can I do? I need advice please.
Best Answer
First, stop applying for ESTAs:
If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.
And:
Many people make the mistake of thinking that if they were denied a visa when they were a citizen of one country, then become a citizen of another country, they can travel to the U.S. under the visa waiver program using their new passport. That is wrong.
https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit
Secondly, seek help from a qualified US immigration orientated lawyer for any subsequent applications - you are in a situation now where your application history is working against you and you need professional help.
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How many times can we apply for US visa after rejection?
As per some immigrant department of certain countries, you cannot reapply immediately after your visa application was rejected was because the conditions due to which it was refused will not change overnight. Hence, you can only reapply in most cases six months after the refusal of your visa application.What happens if my US visa is refused?
When your visa application is refused under section 221(g), you will be given a written letter notifying you of the visa refusal and will have 12 months from that date to submit the requested documents without having to reapply and without having to pay a new visa application fee.Can I reapply if my US visa is refused?
Can I reapply for a visa? After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.How do I overcome a US visa denial?
If you face a 214(b) visa denial based on not having strong ties to your country of residence, it is possible to have the denial reversed if you can provide evidence that you have these ties. A qualified immigration professional is the best one to help you gather the appropriate evidence and make your case.Visa Status shows as REFUSED? It doesn't means visa is REFUSED!
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Answer 2
To be refused us visa four times means there is a fundamental problem with your application. Now you need to review all your previous applications carefully to detect where the problem is reoccurring.
For instance you said you were denied the third time because you do not have a strong family ties in the States. Having a strong family ties in the States can actually be a reason for the denial because you will seen as an intending migrant. You do not need to have strong family ties in the states but a strong family ties in your home country plus a professional and social ties to your home country that will compel you to return after your visit to the States. You need to demonstrate this during your interview as you 'may not" be asked to produce documents to back up your ties to your home country even though you have the documents. Documents are to assist you but are secondary to the consulate officials because visa approval are strictly based on the oral interview and the information in your DS-160 application form.
Your application history may be complicated now. So you need to re apply with a compelling and detailed argument in your favor to turn the denial around for you. There is a section in the DS-160 form were you are asked if you have ever been denied a US visa. You answer yes. Then a follow up paragraph will pop up asking you to explain. This is where you pull the trigger to get your visa. Whatever argument you put up there will determine your visa approval.
You may need someone with the knowledge to help you with that compelling argument.
Answer 3
Even if your fiance were a US citizen, you should not need a K-1 visa to visit. The K-1 is for people who want to go to the US for the purpose of marrying a US citizen and then applying to adjust status to that of a permanent resident -- in other words, to stay permanently.
If you want to do that, the paperwork you'd need is different because your fiance is not a US citizen. If that is the case, however, you should be asking at Expatriates.
Assuming it is not the case, you need to convince the visa officer that it is not the case. You also need to overcome whatever other facts caused them to invoke 214(b), if there are any.
The fact that they told you you'd need a K-1 shows that they did not understand your circumstances fully from reading your application. Correcting that situation by repeatedly filling new applications is generally ill advised. I will echo Moo's advice that you engage a competent immigration lawyer to assist with your next application.
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