B2-Visa refused with unexpected reason from CO (strange!) Please help !

[soni02]

Hi experts,

This is my first post on immihelp so I really appreciate all your help in advanced.
I am on H1B visa from past 6 years, got married about 4 years back and now had our first kid in Jan 2016. My sister wants to visit us with her family, she applied for B2 Visa and went for her interview in US embassy, new delhi yesterday. Within 5 minutes they were rejected with 214(b).

I am trying to narrow down the things which might have gone wrong during the whole application process, your help will be much appreciated.

These are the details:

1. I (real brother of applicant) completed all the required documents online with cross-checked information to make it correct.
2. DS-160 forms were filled for each applicant going for visa interview together (sister, brother-in-law, two kids-10 & 8).
3. Sister works as central govt. employee in health department (Staff Nurse) and brother-in-law runs his own private business.
4. Interview language was selected to be in Hindi.

Interview went like this:

sister and family: good morning!
CO (with a translator): No reaction at all (fair enough!)

CO: Please give the passports
sister: handed over

CO: why are you going to US
sister: to visit my brother, sister-in-law and our newborn nephew. And also for tourism.

CO: what visa your brother is on
sister: He is on H1B visa.

CO: How long he has been in US
sister: 8 years

CO: did he studied there before started work
sister: yes, he went for his masters

CO: Can I have his passport copy?
sister: handed over the passport copy

CO: typed something in his computer
sister: waiting !!

CO: sorry you are not eligible for getting visitor visa
sister: shocked! thank you sir, but what is the reason.

CO: I think you guys are going there to get settled.
sister: I work as a central govt. employee and have NOC for only one month of vacation to travel to US. We have our house and property in India which we can't leave.

CO: I am sorry! and handed over the paper with 214(b) details on it.
sister and family: thank you very much .. (this was the end)

It was such a humiliating experience for everybody (specially kids!), I don't blame them.

anyway, now with my personal analysis I think these are the things which might have gone wrong, please help me here

1. Me (the culprit brother is US) mentioned in the application that I will be paying for their entire trip and provided all the documents. This might have been a problem?
2. My passport was just sent to CKGS US for renewal and I just received it after their interview, so the copy of passport sister showed to CO was the old passport. Quite possible he searched my info and system couldn't find it ?
3. The Visa stamped on my passport is from the old employer and I provided my sister the new employer's I797 for their interview. CO might even searched for that but didn't ask for I797 after that?
4. Were any of these 1-3 leads to CO's reasoning that sister and his family are leaving India with intentions of getting settled in US?

- sister mentioned about 4-5 families that day were rejected (they had similar cases where they were visiting H1B family).
- when my parents and in-laws went for their B2- Visas few years back the CO was himself talking in hindi not with the translator but sister said every single CO there had translator that day.

I am planning to re-apply for their visa within next one month with following changes:

1. This time I will not be the sponsor for their trip. (does it matter? I guess a lot!)
2. I will provide the new passport copy (if CO asks again).
3. What else should I change in the application?

Please provide your inputs and suggestions. Your help will be highly appreciated.

Best Regards,

[Bayfield]

Main thing for a B is to show that you will return, you funding everything is somewhat odd. Sounds like they have more ties to you.

The fact that you completed the applications and not them makes it even stranger.

The recent application will be on file, they need to show strong ties, reasons to return home.

[soni02]

Thanks for your input!

Main thing for a B is to show that you will return, you funding everything is somewhat odd. Sounds like they have more ties to you.

The fact that you completed the applications and not them makes it even stranger.

The recent application will be on file, they need to show strong ties, reasons to return home.

Hi Bayfield,

Thanks for your input. Yes, these are the two points which made me think they were the mistakes. They already had documents and prepared well to show they have strong ties and reason to return home. Like I mentioned my sister is a central govt. employee and she mentioned that to CO.

Also, I would like to point out that I sponsored my parents B2 visa few years back, both of them were govt. employees but it was easy for the application process to show my sponsorship. they didn't have any issue getting B2. That being said I will definitely eliminate these factors for the next time.

Quick Questions: 1. Do they really consider this as odd if in the recent application brother was sponsoring and now he is not?
2. How long should they wait for next application and interview?

Thanks a lot.

[Bayfield]

Hi Bayfield,

Thanks for your input. Yes, these are the two points which made me think they were the mistakes. They already had documents and prepared well to show they have strong ties and reason to return home. Like I mentioned my sister is a central govt. employee and she mentioned that to CO.

Also, I would like to point out that I sponsored my parents B2 visa few years back, both of them were govt. employees but it was easy for the application process to show my sponsorship. they didn't have any issue getting B2. That being said I will definitely eliminate these factors for the next time.

Quick Questions: 1. Do they really consider this as odd if in the recent application brother was sponsoring and now he is not?
2. How long should they wait for next application and interview?

Thanks a lot.

Not what you mean by her job, if it is that she has a good job and can afford such a trip then that is positive.

Not sure anybody can tell you how much they look at changes between one application and another, they obviously do look at past applications and presumably it will be noted what the concerns were.

There is no specific time, if there will be an improvement in their situation, best to wait until then.

[soni02]

Thanks for your input!

I am not sure what you mean by "sponsorship is only for immigrant visa's, does not apply to visitor visa" I have done it twice for my parents and then in-laws for B2 visa. Look at this: https://www.immihelp.com/usa-visitor...sor-documents/

Thanks for the input on timing, really appreciate your help.

Regards.

[immihelp]

soni02,

Some people who don't properly understand the procedure give misleading advise that everyone must have money one their own to come to visit the USA. That is not true. If your parents don't have the money for US trip, you can definitely sponsor their trip.

There is nothing wrong with that. Hundreds of thousands invite their parents and in-laws to come and visit the US that way. And those parents happily visit the US that they would not have otherwise be able to do on their own without support from their children.

[soni02]

soni02,

Some people who don't properly understand the procedure give misleading advise that everyone must have money one their own to come to visit the USA. That is not true. If your parents don't have the money for US trip, you can definitely sponsor their trip.

There is nothing wrong with that. Hundreds of thousands invite their parents and in-laws to come and visit the US that way. And those parents happily visit the US that they would not have otherwise be able to do on their own without support from their children.

Thanks a lot for making it clear. So I understand for parents it's ok. But can we do the same for other immediate family members (like for my sister and her family?). If yes, than back to my original post I don't need to change the application for removing myself from the sponsorship?

Please advise.

Regards,

[rcmax]

Hi experts,

This is my first post on immihelp so I really appreciate all your help in advanced.
I am on H1B visa from past 6 years, got married about 4 years back and now had our first kid in Jan 2016. My sister wants to visit us with her family, she applied for B2 Visa and went for her interview in US embassy, new delhi yesterday. Within 5 minutes they were rejected with 214(b).

I am trying to narrow down the things which might have gone wrong during the whole application process, your help will be much appreciated.

These are the details:

1. I (real brother of applicant) completed all the required documents online with cross-checked information to make it correct.
2. DS-160 forms were filled for each applicant going for visa interview together (sister, brother-in-law, two kids-10 & 8).
3. Sister works as central govt. employee in health department (Staff Nurse) and brother-in-law runs his own private business.
4. Interview language was selected to be in Hindi.

Interview went like this:

sister and family: good morning!
CO (with a translator): No reaction at all (fair enough!)

CO: Please give the passports
sister: handed over

CO: why are you going to US
sister: to visit my brother, sister-in-law and our newborn nephew. And also for tourism.

CO: what visa your brother is on
sister: He is on H1B visa.

CO: How long he has been in US
sister: 8 years

CO: did he studied there before started work
sister: yes, he went for his masters

CO: Can I have his passport copy?
sister: handed over the passport copy

CO: typed something in his computer
sister: waiting !!

CO: sorry you are not eligible for getting visitor visa
sister: shocked! thank you sir, but what is the reason.

CO: I think you guys are going there to get settled.
sister: I work as a central govt. employee and have NOC for only one month of vacation to travel to US. We have our house and property in India which we can't leave.

CO: I am sorry! and handed over the paper with 214(b) details on it.
sister and family: thank you very much .. (this was the end)

It was such a humiliating experience for everybody (specially kids!), I don't blame them.

anyway, now with my personal analysis I think these are the things which might have gone wrong, please help me here

1. Me (the culprit brother is US) mentioned in the application that I will be paying for their entire trip and provided all the documents. This might have been a problem?
2. My passport was just sent to CKGS US for renewal and I just received it after their interview, so the copy of passport sister showed to CO was the old passport. Quite possible he searched my info and system couldn't find it ?
3. The Visa stamped on my passport is from the old employer and I provided my sister the new employer's I797 for their interview. CO might even searched for that but didn't ask for I797 after that?
4. Were any of these 1-3 leads to CO's reasoning that sister and his family are leaving India with intentions of getting settled in US?

- sister mentioned about 4-5 families that day were rejected (they had similar cases where they were visiting H1B family).
- when my parents and in-laws went for their B2- Visas few years back the CO was himself talking in hindi not with the translator but sister said every single CO there had translator that day.

I am planning to re-apply for their visa within next one month with following changes:

1. This time I will not be the sponsor for their trip. (does it matter? I guess a lot!)
2. I will provide the new passport copy (if CO asks again).
3. What else should I change in the application?

Please provide your inputs and suggestions. Your help will be highly appreciated.

Best Regards,

The three reasons you mentioned in your personal analysis are not at all the reason. Anyone can fund the trip not a problem. You must have had your H1 on old passport so it will definitely be in their system. New employer I-797 is also not a problem because they know people change jobs and a I-797 will be found on their system. When a visa for loved ones is rejected we do think up of all kinds of minute scenarios but may miss the elephant in the room.

I think denial was because the whole family was applying together. It does not mean they are going to settle down in US, they could easily use it for economic activity in US (cash jobs in Indian motels and other small businesses) travelling every six months and earn more money than they currently do in India. I don't know about your sister and B-I-L's salary but if it not very high this could be the line of thinking. I have seen Indians on B2 visa working in Indian restaurants, motels and other businesses.

My suggestion is apply later only for your sister and see what happens. Don't do it right away otherwise it will appear you are desperate to get her a visa.

[soni02]

The three reasons you mentioned in your personal analysis are not at all the reason. Anyone can fund the trip not a problem. You must have had your H1 on old passport so it will definitely be in their system. New employer I-797 is also not a problem because they know people change jobs and a I-797 will be found on their system. When a visa for loved ones is rejected we do think up of all kinds of minute scenarios but may miss the elephant in the room.

I think denial was because the whole family was applying together. It does not mean they are going to settle down in US, they could easily use it for economic activity in US (cash jobs in Indian motels and other small businesses) travelling every six months and earn more money than they currently do in India. I don't know about your sister and B-I-L's salary but if it not very high this could be the line of thinking. I have seen Indians on B2 visa working in Indian restaurants, motels and other businesses.

My suggestion is apply later only for your sister and see what happens. Don't do it right away otherwise it will appear you are desperate to get her a visa.

Thanks for your input. You are absolutely right that few people exploit the B2 visa system by working on cash jobs in US. But somebody (sister) who is working in central govt. health department with good income sponsoring their own family visa (which I was planning for 2nd time for them) could show that they have strong ties to come back home? isn't it? Govt employees in India have to show NOC for visa purposes for a specific time to go on vacation overseas!

I might try applying for only sister as suggested and see how it goes. You mentioned "apply later only and don't do it right now". Could you please put a rough number in days or months when should we try again?

Looks like their plan of visiting us in coming summers is already in jeopardy

Regards,

[jnk]

You can pay for her trip. Most likely that's not the reason for their visa deinal. If her financial condition is good. She can self sponsor also.

[soni02]

You can pay for her trip. Most likely that's not the reason for their visa deinal. If her financial condition is good. She can self sponsor also.

Thanks for the input.

[soni02]

Hi Bayfield,

Yes I agree, this is what she's planning (to show their own funds).

Thanks,
-Soni

[rcmax]

Thanks for your input. You are absolutely right that few people exploit the B2 visa system by working on cash jobs in US. But somebody (sister) who is working in central govt. health department with good income sponsoring their own family visa (which I was planning for 2nd time for them) could show that they have strong ties to come back home? isn't it? Govt employees in India have to show NOC for visa purposes for a specific time to go on vacation overseas!

I might try applying for only sister as suggested and see how it goes. You mentioned "apply later only and don't do it right now". Could you please put a rough number in days or months when should we try again?

Looks like their plan of visiting us in coming summers is already in jeopardy

Regards,

I have seen lots of posts on this forum where whole familes (W+H+kids) have always been denied. A central govt. job does not matter to the American VO, it matters to us. They have many considerations (besides ties which we always focus on though its an important one) like overstaying, using B2 visa as a means of making America a second home, potential for applying for asylum, using it for economic activity etc. VO does'nt want to take chances as simple as that.

If I were you I would'nt reapply until next year and for sister alone. Who pays for the ticket does'nt matter at all. Think about it, if self-paying were such an important criteria , everyone will show on DS-160 that they will self-pay for the trip to prove strong financial ties but then once the visa is issued their siblings/children/relatives in USA will pay for the ticket.

[soni02]

I have seen lots of posts on this forum where whole familes (W+H+kids) have always been denied. A central govt. job does not matter to the American VO, it matters to us. They have many considerations (besides ties which we always focus on though its an important one) like overstaying, using B2 visa as a means of making America a second home, potential for applying for asylum, using it for economic activity etc. VO does'nt want to take chances as simple as that.

If I were you I would'nt reapply until next year and for sister alone. Who pays for the ticket does'nt matter at all. Think about it, if self-paying were such an important criteria , everyone will show on DS-160 that they will self-pay for the trip to prove strong financial ties but then once the visa is issued their siblings/children/relatives in USA will pay for the ticket.

So the thing I don't understand is how can you decide on all these factors (as VO) without even talking to the applicant more than 5 mins. Specific to our case, VO must have decided based on what he observed during the interview (I mentioned in details), right?
I am not sure what will be changed in my sister's application even if she apply after one year, not much. Please clarify why do you think applying after one year might help?
Regarding showing DS-160 that the applicant will self-pay has to be attested using accurate financial paperwork by the applicant (which VO can check anytime), I agree it doesn't matter who pays the expenses in REAL!

Thanks a lot for all your valuable points. I really appreciate them.

[rcmax]

So the thing I don't understand is how can you decide on all these factors (as VO) without even talking to the applicant more than 5 mins. Specific to our case, VO must have decided based on what he observed during the interview (I mentioned in details), right?
I am not sure what will be changed in my sister's application even if she apply after one year, not much. Please clarify why do you think applying after one year might help?
Regarding showing DS-160 that the applicant will self-pay has to be attested using accurate financial paperwork by the applicant (which VO can check anytime), I agree it doesn't matter who pays the expenses in REAL!

Thanks a lot for all your valuable points. I really appreciate them.

If you apply again in a month or two for your sister, the VO will think she is back in so short time, nothing would have changed, his mind would automatically make the decision to deny and not even bother to dig deeper. If you apply after a year, the longer time gap will prevent him making up his mind right away, he will try to at least see what changed, ask a few questions and decide. Just my opinion of how the normal human mind works.