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I am sharing my visa experience with you here. Could you help me what is the better visa to apply in my case. My husband is in USA with Day1 CPT. I applied for F2 thrice and got rejected with 214(b). I am planning to apply for F1 for fall 2020 intake. What are the chances of getting my F1 visa approved this time? We don’t have any intentions to settle in USA as we have our entire family and properties in home country. We are very much worried and depressed regarding my visa rejections. This denials are really hard on my family. Kindly suggest and help us.

Thank you in advance.

  • Questions about long-term visas, including student visas, belong on Expatriates. I'd say, though, that if you've been refused an F2 visa three times your chances of getting an F1 visa are not good. – CatchAsCatchCan Jun 5 at 14:56
  • @Arthur'sPass is correct; each refusal makes a subsequent grant more difficult. Has anything changed to show the US visa authorities that your connection to your home country is stronger than it was when you previously applied? – DavidSupportsMonica Jun 5 at 15:30
  • @DavidSupportsMonica Sir we have properties in home country and I have carried documents with me when I attended interview and we have entire family here in home country. Also, I have started working here which I mentioned in my previous two interviews and I told visa officer that I want to visit my husband and spend time with him. We don't have any intentions to settle in America and I am a genuine applicant who really wants to visit and see husband. What can we do to get my visa approved this time? Please help us Sir. We are extremely depressed and under mental pressure. Kindly suggest. – vigna Jun 5 at 16:22
  • A successful visa application will convince the visa examiner that you will return to your home country. That's typically shown by having a travel history (and having returned home), and demonstrating significant ties to the home country. I suggest you review the answers posted here to learn more: travel.stackexchange.com/questions/103826/… and here: travel.stackexchange.com/questions/100275/…. – DavidSupportsMonica Jun 5 at 16:46
  • @DavidSupportsMonica Thank you for the reply Sir. In my previous interviews I have carried all those documents mentioned in the links which you have provided. I have carried my employment letters, employer letter mentioning leave, property documents, educational documents and mentioned in the visa application that my whole family is in my home country and my father have business here which I have to take care. The visa officer didn't ask me any questions regarding my home ties. I would have explained everything if they had asked me. I have clearly mentioned my home ties in my application. – vigna Jun 5 at 17:00
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The US Immigration and Nationality Act provides this very high hurdle:

Every alien [non-relevant exceptions omitted] shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title. 8 USC 1184(b)

Thus, a successful applicant must collect and present to the visa examiner evidence which rebuts this mandatory presumption of immigrant intent. Statements such as "I'll leave on time" and "I am a genuine applicant" are completely without value — every applicant says these things.

As reviewed in the two Travel Stack Exchange questions and answers cited in comments above, the visa examiner will look most carefully at a) ties to the home country, and b) ability to afford the trip, c) prior travel history, and d) prior visa application history.

Here are a few comments about each:

a) Ties to the Home Country

These are things or relationships that will draw the applicant back to their home country after the visit to the US. Those sorts of things are:

  • personal ownership of real property

It is not clear from your question or comments here whether you yourself are the owner of real property. Property owned by others (your parents, for example) does not count; US law considers that your interest in property owned by others that you might in the future inherit or be granted is a mere "expectancy," not an actual present ownership.

  • ownership of a business in the home country that requires the applicant's presence there.

You do not appear to own and manage a business enterprise in your home country.

  • long-standing permanent employment with employer permission for the proposed absence and a promise to re-hire after the applicant returns

It is not clear from your question or comments here if you are employed, and if so, for how long, and whether the employment is permanent, and whether you'd be welcomed back to your job after traveling. If you are employed and your employer is your parent or relative, statements by the employer will be less persuasive than if the employer is not a family member.

  • close relatives or children who live in the home country, especially if the applicant can show the relatives are dependent upon the applicant.

It is not clear from your question or comments here what relatives, if any, remain in the home country.

  • lack of emotional ties to the US.

Having relatives in the US suggests that you'll stay in the US, rather than returning to your home country. Your husband lives in the US. Your connection to him will be seen as stronger than any connection to your parents. This factor, therefore, counts very strongly against you.

b) Ability to afford the trip

A successful applicant shows that they can afford the trip, and that its cost is a reasonable expenditure given the applicant's assets and savings. Borrowing money for the trip, or having someone else pay for it, are much less persuasive.

c) prior travel history

Prior travel experience, particularly to high-value destinations, shows that you have been trusted by other countries to obey the rules — most significantly, that you will leave on or before the expiration of your visa.

It's not clear from your question or comments here if you have a travel history. If you do not, this factor will weigh against you.

d) prior visa application history

Prior visa denials count against the applicant.

You already have two visa refusals. This is a very powerful negative; continual refusals generate a weight of their own. Visa examiners will conclude that because you have been previously unable to qualify and have been unable to revise your application to be successful, yet another application shows you're desperate to get to the US. A sense of desperation is never attractive. In any new application, you must be very careful to address every negative factor in your previous refusals, and repair or ameliorate all of them.

Your prospective application has many negative factors, and it is not at all certain you can obtain a visa. Because you have been twice refused, you are much more likely to be refused again than to be successful. You might consider meeting your husband in a non-US country to which you can both more easily travel.

If you want to try again for a US visa, I suggest you consult and hire a lawyer versed in US immigration law. Best would be a lawyer in the United States. A good resource to find one is the American Immigration Lawyers Assocation. Stay away from non-lawyers, "immigration consultants," and the like.

Source: I am a retired lawyer in the US. I did not practice immigration law.

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