Spouse's B2 application rejected due to my B1 Visa misuse

[samakshj]

I stayed in US from 14-Feb-2009 to 26-May-2009 on a B1 visa which is still valid for another 5 yrs. I was there to attend training and meetings during this visit. I was originally granted 3 month stay but in April 2009 I came to know that I need to extend my stay for further 15 days. I filed I 539 and payed the required $300 fee with USCIS for which I quickly got a confirmation. Before I left US, I got my new I-94 that I submitted during departure at the airline counter.

Now I am married and want to go with my wife for tourism to USA. But her visa got rejected as they say that I have misused my VISA. They said that I was working during my 3.5 months stay in US and there is a different VISA for working in US. I was obviously not working illegally in US and just attending training and meetings. Can you please help how I should proceed to get her B2 visa.

[raghvi]

Spouse's B2 application rejected due to my B1 Visa misuse

If they have rejected there is hardly anything that anyone can do about that. You can surely apply again but most likely it will result in the same result. Personally, I would suggest a different destination than US. Again, this is solely my opinion.

[mickey_mouse]

Nobody attends training and meetings for three and a half months. A training may last a week. Two weeks. Were you to attend two back to back, with a week between one and the other, it would be a month, month and a week at most. I know what I'm talking about - I've done my fair share of training in the US and other countries.

That's why the USCIS doesn't believe you.

[samakshj]

Thanks All..

I understand your point that no body attends training for 3.5 months, in my case I went there because I had to get trained in order to build and bring a full process back in India. That took some time in getting trained and then implementing a pilot project to ensure that me and my team can work from India on the process. This took time. If this was a doubt in immigration department's mind, they should have never stamped my stay for 3 months and in such scenario I would have to return without completing this training. All in all, i was at my companies guidance and getting rewarded like this for my family by US embassy was a surprise.

But anyways we have traveled to lot of places around the world and its my dream to take my wife to US once. What can I do to clear my case to USCIS about all of this? Or is it that I can never travel there in lifetime??

Many thanks in advance for your guidance.