knk

Hi,

Recently me and my wife came to Toronto, Canada for a family function and since our previous was expired we had to go to the US Consulate for the stamping. But the consular denied the visa based on the Section 214(b) which states that the visa is being denied since we were not able to show enough evidence that we will leave United States after our visa will expire.

We were actually not asked enough questions to show the ties back home otherwise we would have shown property assets, FDs and bank statements. But what's done is done and our visa was denied.

Now we are planning to apply again and our dilemma is should we go to Australia or apply again in Canada?

If we go to Australian consulate then then will be a question from the Consular that am I coming to Australia for the stamping just because my visa was denied.

Please guide us.

Thanks in advance.

ian-mstm

Where are you right now? What have you told your E-3 sponsor? Why didn't you renew before you left the US?


All things considered... if it was me, I'd go to Australia. Regardless, you are obligated to disclose the prior visa denial.


The Consular Officer may very well ask that question. If he does, give him an honest answer.

Ian

knk

Thanks for quick reply Ian.

We are currently in Canada and we came here for just a family function. We have told the same thing to the E-3 sponsor and he is in the process of providing more documents.

The E-3 was renewed within US and is valid until Aug, 2016. Since to re-enter we need a valid visa that's why we went to US Consulate. We were not expecting stamping anything beyond Aug, 2016.

My wife doesn't have Aus visa and if I go to Aus then she would have to go to India for the renewal.

I have strong ties to India in terms of property and family (parents and in-laws). In Australia I am still in process of buying a property. The offer has been accepted and in terms of ties with the family just my uncle and cousins.

scrubbedexpat099

What ties did show originally?

S Folinsky

OP's version of events simply does not tie together. Why did he need a new visa? On the facts as described, it appears to me that he didn't need a new visa.

Who was his lawyer and what advice was given?

Curious minds wonder.

ian-mstm

I wondered about this also. My understanding (which could very well be incorrect) is that his visa expired, but he renewed his status within the US... but was then land locked. Once he left the US, wouldn't he have needed a new visa to re-enter?

Ian

scrubbedexpat099

Could have revalidated it.

ian-mstm

Perhaps that's what he should have done. Instead, it seems that he applied for a new visa.

Ian

docnetau

Is there any reason that re-validation wouldn't work now? ie, does having the refusal impact the ability to do that?

(I'm presuming they didn't cancel the old visa)

scrubbedexpat099

They have been refused a visa.

knk

Hey there everyone,

thanks to all of those who showed interest and provided feedback.advise.

Based on the forum and discussing the scenario with my company's lawyer I came to US Consulate in Perth, Australia. Over here they have told me that it's pending for Administrative Processing and will let me know once they have made a decision. They took LCA, Original Offer Letter, Continuity of Employment, Copy of my Australian Masters Degree but they gave me back my passport.

Any idea how long this Admin process will take? I asked the consular and he said it could be 30 days, could be less could be more. But no definite time period.
Also in this time period is it safe to travel outside Australia? Can they hold my processing if I'm outside of Australia?

Any idea what happens during Admin processing?

scrubbedexpat099

Seems a fair comment, travelling is just likely to delay matters, more to check.

ian-mstm

Travel will likely delay you getting the visa, because they'll then have to check your travel history between now and then.


They probably can, but they won't.


Mostly, they're checking to confirm that you are who you say you are. Unless you've done something really stupid, it's a fairly straight-forward process - although, after events today in Brussels, they're likely to be even more cautious.

Ian

S Folinsky

On the "landlocked" comment -- as described, OP was NOT "landlocked" by a departure to Canada for less than 30 days. The State Department Regulations provide that an extension of status and a change of status modify the underlying visa for such a trip. That said, once he applied for a new visa, he lost that privilege.

knk

So if they take about 2-3 mons then should I stay in Australia and then wait for their result?
Because I don't have much here and probably won't be able to stay that long. Maybe 2-3 weeks max.