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F1 Visa Rejected 2 times

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  • F1 Visa Rejected 2 times

    Hi,

    My brother applied for F1 Visa twice and was rejected in Dubai US consulate with 214(b). He was born and brought up in Dubai and has been living there for 20 years.
    The first time he applied in 2015 my dad was the sponsor. This time we showed our cousin brother [US citizen] as the sponsor. We provided all the supporting documents [Affidavit of Support, Job Verification, Bank Letter]

    I am planning for him to reapply again in 2 weeks. Any suggestions would be appreciated and what things we can do different this time would be helpful.
    Below is the recent interview experience. My father does not have that much as before to sponsor him thats why we showed our cousin brother as the sponsor. Im thinking to keep my cousin brother again as the sponsor and show something strong in terms of relationship and legit.


    April 3, 2017
    US Dubai Consultate:


    Can I have your passport?
    - i20 and passport

    No just passport.
    Why are you going to states?
    - I applied for F1 visa.

    Can I have your i20?

    You are currently studying in XX college.
    - Yes that is correct.

    How many years have you done?
    - 2 years, that’s around 5 semesters.

    How did you find out about this uni?
    - Many students from my college have transferred to XX university and now they are back in dubai working with good jobs. Also my brother lives there close to the uni, so I can use the public transport to commute.

    How long have you been in the UAE?
    - I was born and brought up in UAE.

    You live with your parents?
    - Yes I do.

    What does your father do?
    - He works as a XX at a XX company. *hand over Job letter and card*

    But he is not my sponsor, my sponsor is my dad’s brother lives in XX, XX. His son, XX will
    sponsor me.

    Do you have any siblings?
    Yes I have 3 elder brothers, 2 work here and 1 is in USA.

    What does your brother in states do?
    - He works. He graduated 2 years ago, he’s now working at XX, which got bought out by XX. So
    hes working there as an computer engineer.

    Where does your cousin work? What does he do?
    He works at XX as an snr computer engineer.

    Why is he sponsoring you?
    He is my first cousin, we are pretty close.

    Has he sponsored any other relatives of yours?
    Yes, I guess his parents.

    No I mean academically
    - No.

    When was the last time you met him?
    - A few years ago.

    What year ?
    - 2010-2011

    So you haven’t met him in 6-7 years? How do you stay in touch?
    - We skype and ******** and stuff..

    Sorry your request for a US visa has been denied. Your credibility of coming back and a student are not
    valid enough. (214)b provided.

  • #2
    Adding more Information

    I forgot 1 more thing:

    VO: Have you applied before?
    ME: Yes, I applied on March 25 th 2015

    VO: So then?
    ME: I believe I made a few mistakes in the ds160 and wasn’t that financially strong maybe. Now I made sure of the ds160 and I believe im more financially stronger now.




    Can someone please guide me on whether I should apply again and this would be my 3rd F1 interview?

    Comment


    • #3
      How much funds were required as stated on the I-20 vs how much funds were available?

      What nationality was the applicant? Being born in Dubai and living there for years doesn't count for anything to consular officers, if the applicant isn't a UAE citizen

      Comment


      • #4
        The i20 stated 26K, We showed on the bank statement letter 56K
        We also showed his Job verification letter as well which is 112K

        Nationality: Pakistan

        Could you please guide me if I should give another try in 2weeks [3rd F1 Interview] and can show something different as supporting documents.
        Thanks for your help!

        Comment


        • #5
          Without knowing the totality of his application details, I see two red flags:

          9 FAM 402.5-5(E)(1) Residence Abroad Required

          The INA requires that the applicant possess a residence in a foreign country he or she has no intention of abandoning. The regulations require that you are satisfied that the visa applicant intends to depart upon completion of the approved activity. Consequently, you must be satisfied that the applicant, at the time of visa application:

          (1) Has a residence abroad;

          (2) Has no immediate intention of abandoning that residence; and

          (3) Intends to depart from the United States upon completion of approved activities.
          9 FAM 402.5-5(G)(1)(b) Determining Financial Status of F-1 Students

          The phrase "sufficient funds to cover expenses" referred to in 22 CFR 41.61(b)(1)(ii) means the applicant must have sufficient funds to successfully study in the United States without resorting to unauthorized U.S. employment for financial support. An applicant must provide documentary evidence that sufficient funds are, or will be, available to defray all expenses during the entire period of anticipated study. This does not mean that the applicant must have cash immediately available to cover the entire period of intended study, which may last several years. You must, however, establish, usually through credible documentary evidence, that the applicant has enough readily available funds to meet all expenses for the first year of study. You also must be satisfied that, barring unforeseen circumstances, adequate funds will be available for each subsequent year of study from the same source or from one or more other specifically identified and reliable financial sources
          See https://fam.state.gov/fam/09FAM/09FAM040205.html

          That is, the applicant doesn't really have a residence abroad to return to, and doesn't have the resources to complete his studies in the United States

          Comment


          • #6
            Thankyou!

            What would you suggest, waiting for another semester and not reapplying again. The only extra thingi would be a letter to the consulate by the sponsor.
            I dont know if I need to change the sponsor. and 26K was the amount stated in i20, what would amount would look reasonable?

            Since there are 2 rejections already, Im just scared if anything goes wrong all Im doing is making it harder by rejecting 3 times.
            I dont know what to do and what different I can do in my application

            Comment


            • #7
              The income/assets seems reasonable (although having more always helps)

              I would make sure to address the first issue of having a residence abroad. Where will the applicant live after graduating college? At his age, can he maintain his UAE visa to return to his parents home? If he can't, where would he go? If I was the consular officer in question I would be very concerned about those issues. It is not like the applicant will want to return to Pakistan, a country and culture he barely knows

              Comment

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