Second F1 visa denial

T

tosade

New Member
Hi,

I just got a 214(b) denial for an F1 visa for the second time today (within a space of 1year - first application was about a year ago). I'm applying from a country other than my home country, but I have been working here for the past 1 year and a legal residence permit (Kuwait).

My present job has issued me a letter (after this denial) stating they are willing to re-employ me when I come back on completion of my degree in the US. Will this letter suffice as sufficient ties to Kuwait? (I presented a reference letter from the company earlier, but it did not state that I was going to be re-employed on return).

How do I re-present my case to make it stronger, and to increase my chances?

Thanks.
 
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I have lived in Kuwait and thus I am assuming you are on a one year Iqama? Kuwait does not allow expats to own property. The only ties you have to Kuwait is your current job. If you quit that job to study in the US, then basically you have zero ties to Kuwait. Now look at it from the consul's point of view. What is there in Kuwait for you to come back to?
Since you have had two denials, I would advise you to apply for your next US visa from your country of citizenship and not Kuwait.

tosade said:
How do I re-present my case to make it stronger, and to increase my chances?
Click to expand...
 
Like I said, I have a letter from my present employer stating that I will be re-employed when I complete my studies. I also own a bank account which I plan to keep.

Apart from these, I'm expecting to receive a recommendation from a high ranking US Army official.

Do these, in any way, make any sense for a stronger case?
 
tosade said:
Like I said, I have a letter from my present employer stating that I will be re-employed when I complete my studies. I also own a bank account which I plan to keep.

Apart from these, I'm expecting to receive a recommendation from a high ranking US Army official.

Do these, in any way, make any sense for a stronger case?
Click to expand...

No they do not. Again, looking from the embassy's point of view, your company's promise to rehire is not anything legally binding. They can rescind that offer tomorrow.

Likewise, your money in the bank account is liquid asset that you can transfer to another bank account, like one in the USA, so it doesn't help in making a case for ties to Kuwait.

As for recommendation from the army official, that is a letter to bolster your good character. That's not the issue the embassy is having with you. They are not worried that you are a bad person. They are worried that you are going to stay in the USA after you finish studying. The letter, as nice as it might be, will not help your case in showing ties to Kuwait.

Sorry, I didn't mean to be hard, but that's my opinion. I am not an attorney, so please don't use my opinion as legal advice.
 
Thanks for your comments...
While I understand and agree with your points, it never hurts to be optimistic! I got my visa yesterday - without having to present the additional documents, and without having to travel to my home country!
 
what was different this time? can you post about the interview and what you did or answered differently?
 
Everything was exactly the same - documents and explanations - just a much nicer guy this time around! That's why I would say that God's favor matter a lot, especially considering that I reapplied barely a week after the previous denial! I had the other supporting document, but it was too late to present them as the visa was approved before I had the opportunity to! :)
 
Congratulations, tosade! It pays to be optimistic! Yes, a lot of the success depends on the interviewing officer. Some place a lot of emphasis on ties, others take one look at the university and program and allow the application. Enjoy your studies in the US!
 
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