B2 Visa Rejected with 214(B). Reapplication Question?

D

DMAX

Registered Users (C)
Hi Triple citizen,

My Family of 8 went for B2 Interview on Thursday in two groups of 4. Group1 was My father, 2nd Brother, his wife and son. Group 2 was my elder brother (44), his wife(38), son(20) and daughter(17).

Group1 got the Visa and Group 2 was denied. Here are the questions/answers for Group 2.

Q1. What is your brother's status?
A1. US Citizen

Q2. When did your brother go to US?
A2. 1996

Q3. How did your brother go to US?
A3. He went on H1B. His company sent him on client assignment.

Q4. What type of Visa your brother have now?
A4. Multiple Visa

Q5. What type of business you brother do?
He works for client xxx as a project manager and has his own company called H1BI.

Q6. Have you ever been outside f USA?
A6. never

Q7. Your brother is in USA since last 12 years, why havent you visited him so far?
A7. Business commitments and pace never allowed me to take time off.

Q8.What is your annual income?
A8. 4,50,000

Q9. How much you will spend on this trip for who family?
A9. Between 2,00,000 and 2,50,000

Q10. Why are you spending most of your income on this trip?
A10. I do have other incomes (Investment interest and Rental), plus I have savings from last 25 years from being in business.

Before my brother could finish the answer and show him documentary evidence, VO got up, said "Sorry" and returned the passports and left.

My assessment of Visa rejection.

1. My Brother told me that he got too excited and didnt wait for translator to translate the questions in Hindi and started replying right away.

2. His answers of Q4 and 5 were wrong. I am a US citizen and I dont need multiple Visa. I am self employed and work at client xxx as project Manager and my company name is not H1BI

3. My brother was shown as sole sponsor of the trip for his family(Q28 of DS156 indicated "Self" for him, "Husband" for Sis-in-law, "Father" for his son and daughter. However, fact of the matter is that his son has his own business and draws similar annual income. Additionally, my sister in law owns a property from where she also draws a handsome rental income.

My Next Steps

1. Reapply in a week, with Q28 of DS156 indicating "Self" for my brother's son and "Jointly with Husband" for my Sis-in law.

2. Have a cover letter indicating Household or Joint family income of 12,00,000 instead of just 4,50,000 just for my brother.

3. Prepare my brother and his family better on interview. He needs to relax and have Patience to wait for translator to complete translation. should be succinct in his answers to demonstrate honestly and confidence.


4. My guess is they will ask what has changed since last time. Answer is that "last time I only indicated my individual income and assets but we are a joint family and our household income and assets are 2.5 times of my individual income and assets which should prove my homeland ties and ability to cover expenses."

My Questions

Q1. does it make sense to reapply within a week?
Q2. Does change in sponsorship in my nephew and sis-in-law's case indicted material change in status
Q3. Do i need to send anything or should I sponsor them?
Q4. Does my brother's answer to " What changed from last time?" makes sense. Should he answer differently?

I would greatly appreciate your read and suggestion in this matter.
 
A1: To be honest, no. Did your brother put down your correct status in his DS-156? He obviously did not know (or remember) that you are a US citizen, and not on H-1B, but what did he put on the DS-156?
A2: Yes it does, but that begs one question. If your nephew makes enough money to finance his own trip, why didn't he mention this on attempt #1?
A3: B-2 visas are self-sponsored.
A4: It may work, it may not. There is only one way to find out.

DMAX said:
Q1. does it make sense to reapply within a week?
Q2. Does change in sponsorship in my nephew and sis-in-law's case indicted material change in status
Q3. Do i need to send anything or should I sponsor them?
Q4. Does my brother's answer to " What changed from last time?" makes sense. Should he answer differently?
Click to expand...
 
A1. He put my status as "US Citizen" in DS-156.
Albeit, he gave "multiple visa" as an answer to the question " What type of Visa your brother has?" during interview, I don't understand the question. My brother already replied to VO's previous question "what is your brother's status?" as "US Citizen". Why ask same question twice in a different way? Was VO deliberately trying to confuse him? That doesn't make any sense.

A2. My nephew was thinking from culture point of view when filling out the form. In our culture, elder of the home, spends the money, even if kids are independent. When I asked him to change his status online, it was too late because Mumbai consulate doesn't let you change the DS-156 5 days prior to the interview. This is a fact but is that enough to convince VO? My brother told me as soon as he gave reply that he will spend about 50% of his indivdiual income on US trip, VO got up and left.

This time my brother will rewrite the cover letter to indicate "household" income and assets instead of individual, which is more then twice his individual.

Q1. why do you think re-applying within a week is not a good idea? when do you think is the right time for re-application?

Q2. Above all, if you were the VO, would you find reason of change convincing?


Thanks a lot for you time and advise.
 
A1: I would space out B-2 applications by 6 months unless there is a significant change in the applicant's circumstances. Your brother's changes are significant between the failed application and the one you are intending to re-submit.

A2: To be honest, no. I think the ages of his kids work against him.

DMAX said:
Q1. why do you think re-applying within a week is not a good idea? when do you think is the right time for re-application?

Q2. Above all, if you were the VO, would you find reason of change convincing?
Click to expand...
 
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about B2 rejection

Hi I need an urgent reply..I had applied for B2(self sponsered) visa from pakistan, but I got reject. He didnt check any my documents just asked whats ur income I told him. Actually my girl friend is in US, I wrote about her on my application he asked about her she is on F1 i told him as well. He did not give me visa. Now i do not know what to do..should I apply again or not..or is it possible I could apply for F1 visa.
Right now i m very depressed, I do not know What should I do.
Please reply me as soon as possible
 
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