sister B1/B2 visa having canada student visa rejected

[amrita1149]

I am on H1b visa. I applied visitor visa for my real sister age 22 years, who already has canada student visa and her semester is starting in september. I wanted her to visit me for 1-2 months vacation before she starts her semester in Canada. Her visa was rejected by visa officer on 5 June 2009 stating that there is clause not to grant visa for students who are going abraod as they have no intentions coming back to India.
My question is :

How does it matter to USA consulate as she wanted to visit USA only for 1-2 months, as she is due to join her course in canada for which she has paid lumpsum fees already ?

In meantime, now my marriage is fixed for July 2009 and I really wants her to attend my wedding. We are planning to try again for her visa end of June 2009.
What all documents she needs to carry to prove that she is just coming to USA for my wedding? ( There was no mention of my wedding last time as it was not fixed by then )

What are her chances of getting visa on my mararige basis ?

Pls provide with all the details.

Thanks

[smohanty]

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status... "

So regardless of the country one applies from the Visa Officer presumes every applicant to be a prospective immigrant.

It is thus the applicant's responsibility to disprove that notion and provide evidence to show that she/he does not intend to stay back in the US.

This evidence is provided by proving one's social and economic ties to the country one belongs to or is applying from.

Your sister is on a student visa in Canada. She has no social or economic ties to Canada that can be used to prove that she will return. Yes, she is a student there but that is a situation that can easily be changed. She can at any point decide she does not want to study there and leave. There is nothing binding.

Since she is in Canada she cannot prove her social and economic ties to India either. It is also a fact that many people have tried to use Canadian visas as a stepping stone to getting into the US.

So the chances of her getting a visitors visa to the US range from very slim to none.

[amrita1149]

Thanks for the response.

Visa officer stated to her that your case seemed genuine but you will not be coming back from Canada to India.

I am not able to understand she is only asking for 1-2 months visa to USA. Where is the indication that she has any intentions of migrating to USA as I myself is on H1 B visa? And, how does it effect USA of her intentions of staying in Canada in longer run, if any ?

Pls also indicate what documents is required to sponser for wedding ?

Thanks again !!!!

[amrita1149]

I would also likes to mention that my Sister is still in India and she has applied from India for her visa to America.

She would be applying again from India itself .

[aichu]

Am in same situation. Did your sister manage to get B1/B2 visa ?

@amrita1149

Hi,

I am in the same situation. My brother is in H1B visa and I will be proceeding to Canada from India to pursue PhD in August 2014. He is planning to get married (end of this year or beginning of 2015).

I was granted B1/B2 visa for 3 months in 2012 by US Embassy in Brunei while I was in Brunei on work permit. But I didn't visit US at that period.

I would like to know whether I will be granted B1/B2 visa from Canada.

Did your sister manage to get her B1/B2 visa? Could you please share your experience?

[peace999]

aichu

you replied to someone who posted 5 yrs ago, in 2009 !!!!!!!!!!!

anyway, to answer your question; once you are firmly into the course in canada for several months it should not be a problem getting a visa.
at the interview; show enrolment for your PhD course , leave from college to visit US for only a few days ( wedding only) ,and show funds for your trip
to US( from your parents or whatever). Show the wedding card and a copy of your bro's visa.

[Ch Mubeen]

you replied to someone who posted 5 yrs ago, in 2009 !!!!!!!!!!!

anyway, to answer your question; once you are firmly into the course in canada for several months it should not be a problem getting a visa.
at the interview; show enrolment for your PhD course , leave from college to visit US for only a few days ( wedding only) ,and show funds for your trip
to US( from your parents or whatever). Show the wedding card and a copy of your bro's visa.

hello i just read your coments and i assume that u have specific information about usa visa from canada my question is i am in canada and i am full time student . i came here 3 months ago now i want to travel usa .when can i apply usa visa.