B1/B2 - DS160 - Queries on visa cancellation/rejection

[visa_applicant]

Hi,

I am an Indian citizen living and working in India with my wife.

 

I had received my B1/B2 visa in June 2007. I traveled twice to USA on the same during 2007 (90 days) and 2011(18 days) on business trips.

 

In 2011, I tried to get B2 visa for my wife done. She wasn’t working then. Her visa got rejected. She had her old surname at this time on her passport.

 

In 2012, I went for H1B stamping with my wife. My wife did not have B1/B2 visa. At that time - 


1. I was handed over the 221(g) letter asking my company to submit further documents.
2. My B1/B2 visa was cancelled with s black "CANCELLED WITHOUT PREJUDICE" stamp.

 

My company did submit all the necessary documentation thereafter. Eventually, I did not get my H1B stamped due to another business opportunity in non-US regions and it has lapsed.

 

After that, we visited various countries (EU and APAC) for tourism on visitor visas.

 

At present (2017), we do not have any US visa. We both are working. I now have a genuine need to reapply the visitor visa (B1/B2) for attending a  seminar to be conducted by one of the schools in one of the universities. Seminar spans 5 days. I intend to take my wife along on B2 visa and do 2 days of sightseeing after seminar and then head back. Total duration of stay would be around 10 calendar days.

 

I'm thinking of reapplying the visitor visa along with my wife - 


1. My visa application type - B1/B2
2. My wife's visa application type - B2.  I will take care of the expenses for my wife. She will not be attending the seminar. She has new passport with surname after marriage with visas for other countries.
3. We intend to go as family for visa interview.

 

In DS-160, there is a question pertaining to visa cancellation/rejection.


 

My questions/queries are - 

1. How do I explain the cancellation of my B1/B2 visa correctly?
2. How do I explain the rejection of my wife's B2 visa correctly?
3. Anything wrong in this case?

 

Any inputs in this regard will be very useful.

 

Thanks!

[MurthyIndia_Lawyer]

In general, all B2 visa applicants has to evidence strong, family, financial and social ties to his/her home country to overcome the presumption of immigrant intent under Sec. 214(b) of Immigration and Nationality Act. Applicants with prior visa refusal, shall either present additional information that was not available on the earlier occasion or change in circumstances to maximize the chance of a successful visa application. The consular officer generally adjudicates the visa application based on the what is elicited by applicants during the personal interview and information available in DS 160 - Non Immigrant Visa application form. Though the officer(s) seldom reviews the documentation carried by applicant, it is best to carry all relevant documents for the visa interview. It is best to have your case reviewed by an experienced immigration attorney ahead of your visa application.