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Vivekhv

B2 Visa rejected with 214b. Reapplying, need advise

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Hello,

My mother-in-law attended B2 visa interview at Hyd consulate and it was denied with 214b.

Application Details,
Mother-in-law aged 68 (widow). Has 3 daughter - 2 in India, 1 in US (all are married)
She is Homemaker, gets pension and income/rent from properties
I (son-in-law) was shown as a sponsor (had sent I-134, bank statements, pay stubs, employer letter etc)
I am on H1B working with IT company. I hold approved I-140. My wife is on H4. She works part ime on EAD as freelancer.

VO asked for applicant (i.e mother-in-law's) passport and copy of my wife's passport at the beginning of the interview.

Interview (hindi translator)
VO: Is your daughter in the US?
MIL: Yes

VO: is she married?
MIL: Yes. She is married

VO: does she have children?
MIL: Yes, 1 son. 8 years old

VO: where does your daughter work?
MIL: She works as a Freelancer from home. (also added son-in-law- works in ***IT company)

VO: is their house own or rental?
MIL: They stay in rental apartment

VO: Do you have relatives in the US?
MIL: Daughter, Son-law, grandson. Other than these I do not have anyone in the US.

VO: Sorry mam, we cannot issue visa at this time. 

It was rejected with 214b.

Question
What could have gone wrong?
What needs to be addressed while re-applying for next time?
Should we apply as 'Self Sponsor'?
Should we apply showing sponsored by another daughter in India?
Can I reapply in next 2 months? Will there be any issue?

Please advise.

Thank you,
Vivek

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B2 visas do not require sponsorship. All the financial/employment stuff you sent was never looked at, wasting hours of your time. 

COs don't care why she wants to come to the US; they care about ties that make her exit the US. There are numerous threads on this forum that argue a 214b is very hard to overcome. She (not you) can apply as many times as she likes. 

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There is no concept of sponsorship in a tourist visa. Did you use a "visa" agent in any way shape or form.?;. I would apply next year and chance it.

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there is NO such thing as sponsorship for B2 visa applicants....none...zero...nada....a CO does not care about your income, pay stubs, bank account, apartment or house size, model of car or what sort of shoes you wear....because none of these things have anything to do with an applicant overcoming 214b.....all of this nonsense about 'self sponsoring' or having another relative 'invite' someone is just worthless noise....an I-134 is even more worthless, it is NOT legally enforceable and a complete waste of cut down trees. 

The MIL's property which is rented can be rented from 1 mile away as easily as 6000....her pension still arrives in the mail (electronic or otherwise), so those items are not strong reasons to return because they remain in place no matter where she is. 

There were, no doubt, some other questions posed to her, my guess about will she be providing child care so mom (OP's wife) can go back to work full time....an activity that is NOT allowed by B2 visa holders and that she may have stumbled a bit during the interview when asked about babysitting...

To the OP: YOU do not apply for anyone, every applicant (except minor children) apply for themselves...there are no magic sponsorship documents to be notarized and then given to a CO, nor can any congressman/senator or immigration attorney change any decision made by a CO (nor influence legally them  to do so)...

Every applicant seeking a B2 visa must qualify on the strength of their own situation, not on that of another (adults, that is)...in short, there are NO magic answers, papers or bank documents that will guarantee visa issuance. 

 

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Thank you everyone for spending time and sharing your thoughts.

Provence > Understood the point that B2 visas doesn't require sponsorship. Will try to re-apply as self-sponsor and show ties to home country (India). In this scenario please advise if there is anything that you feel we should be taking care of.

pontevecchio > Again, understood the point that B2 tourist visas doesn't require sponsorship. We did not get visa agent. Please recommend if we need to take one and get help to make case stronger.

 

Noah Lott

Sure. It’s absolutely clear to me now that B2 visa doesn't need sponsorship. Also, understood that income/rent from property doesn't make strong reason to show ties because funds can be very well managed electronically.

Given the situation, is there any additional information that can be presented via DS 160 to establish my MIL's strong ties in home country/India? Honestly, she wants to visit US only for few months, see places, stay with us and return. She has 8 sibling, grandchildren and all relative in India. I don’t know how to provide this information via DS160 application.

We are thinking of re-applying by showing below changes in circumstances. Based on your experience I would request you to suggest if this makes sense and/or if anything else needs to be taken care on the application.

1. Person Paying for the Trip: Self (in the last application/DS 160 we had mentioned it as other i.e. son-in-law)

2. Reduce intended length of stay in US to 8 weeks (in the last application/DS 160 we had mentioned it as 5 months)

3. Add Travel Companion - her another daughter (in the last application/DS 160 we had mentioned it as travelling alone)

One last thing. I know we can reapply anytime, but do you recommend waiting for few weeks/months?

Awaiting response, Thank you again.

Best Regards,

Vivek

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Approach the firm of Murthy in Chennai for appropriate guidance and resolution and please let us know if she gets the visa at some point.

 

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Vivek: let's see....

1 - person paying for trip is not a change in circumstances of the applicant. Makes NO positive difference in the application.

2- Reduce intended length of stay:  the most common 'tactic' tried and which will fail instantly, as this is a laughable idea....even the newest CO knows that CBP routinely admits people for 6 months..and this change is NOT a change in circumstance- it is perceived by most COs as a futile attempt to lull them into a false sense of security and should result in a swift denial because the statement itself is nonsense. (notice that in your narrative above, you mentioned, as I predicted, that she wants to 'see places' and stay with us for a few months...not 8 weeks....and, BTW, when are you planning to return to working full time?

3- Add travel companion - why is this a change in the circumstances of the applicant? Will this travel companion somehow 'make sure' that the B2 holder actually returns when she says and does not work while in B2 status? How? By what legal means is this even possible? No third party has legal authority over another...

Everything mentioned above is not a change in circumstance of the applicant....none of it...none of that offers any credible evidence that the applicant will do as she said and not work as a tourist...it's all 'window dressing' and will only make the applicant look more desperate to reach the United States. As for relatives left behind, it happens everyday around the world...relatives left behind are not a strong reason for an applicant to abide by the terms of a tourist visa. 

I would certainly suggest not reapplying for a while, as a quick reappearance at the window will just look like desperation....

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Going from 5 months to 8 weeks is an old tactic COs see in India. As soon as a visa is issued, the trip becomes 5.5 months; so COs don't fall for it. 

She can apply tomorrow if she wants. I wouldn't hold my breath for an approval. 

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