214b visa rejected or not I have no idea!!!

[niktik 0]

Hello,

I am a usa green card holder, around 6 month ago I went to my country and got married. Since I am a green card holder I have to wait long time to bring my wife to usa. So I try to get her 214b visa, she went to interview for yesterday. They ask her few question and they took her passport, picture "which include both of us" and some other papers. They told her go and wait thats all and gave her a paper which include your visa is denied and blahh blahh but they guy told her to keep the paper which including his signature.

So I am totally confused if the 214b visa rejected or not?

BTW I didn't filed I-130 yet.

Help would be appreciated

[TimeTravel 78]

There is no such category for visa - 214b.

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or

Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)

What are considered strong ties to my home country?

Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:

Your job;

Your home; and/or

Your relationships with family and friends.

While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.

[milimelo 4,481]

Hello,

I am a usa green card holder, around 6 month ago I went to my country and got married. Since I am a green card holder I have to wait long time to bring my wife to usa. So I try to get her 214b visa, she went to interview for yesterday. They ask her few question and they took her passport, picture "which include both of us" and some other papers. They told her go and wait thats all and gave her a paper which include your visa is denied and blahh blahh but they guy told her to keep the paper which including his signature.

So I am totally confused if the 214b visa rejected or not?

BTW I didn't filed I-130 yet.

Help would be appreciated

Wife didn't overcome presumption of being an intending immigrant = they didn't believe she will not overstay her visa. No visa for her. File I-130 and go visit your wife in the meantime (2-3 yrs or until you naturalize which ever comes first).

[moveforward 0]

Hello,

I am a usa green card holder, around 6 month ago I went to my country and got married. Since I am a green card holder I have to wait long time to bring my wife to usa. So I try to get her 214b visa, she went to interview for yesterday. They ask her few question and they took her passport, picture "which include both of us" and some other papers. They told her go and wait thats all and gave her a paper which include your visa is denied and blahh blahh but they guy told her to keep the paper which including his signature.

So I am totally confused if the 214b visa rejected or not?

BTW I didn't filed I-130 yet.

Help would be appreciated

you should be very careful.. seek help or do research..

file an I130 for her.. it may take a long time but its going to be worth it.

we really need to be patient.. my husband and daughters pd is oct '11... what i do for now is i visit them once a year..

let me just share this.. my husband had a multiple visa that was still valid 8 mos before i filed their petition. we could have done something about it (like what everyone has in mind right now) but we chose to do things the legal way. -dont rush things.. youll be with your wife soon. if you will file her petition this month, youll still have what 3-4 years(correct me if im wrong) to save up until she gets here. filing a petition too can be costly..

[Tygrys 143]

Hello,

I am a usa green card holder, around 6 month ago I went to my country and got married. Since I am a green card holder I have to wait long time to bring my wife to usa. So I try to get her 214b visa, she went to interview for yesterday. They ask her few question and they took her passport, picture "which include both of us" and some other papers. They told her go and wait thats all and gave her a paper which include your visa is denied and blahh blahh but they guy told her to keep the paper which including his signature.

So I am totally confused if the 214b visa rejected or not?

BTW I didn't filed I-130 yet.

Help would be appreciated

No such thing as 214b visa. She was denied visitor visa based on INA 214(b), which was to be expected in your situation.

File I-130 petition as soon as possible, there is no other way to bring your wife here (legally).

[niktik 0]

Well guys I don't know if you got my question

"They told her go and wait thats all and gave her a paper which include your visa is denied and blahh blahh?"

and it was visit visa, I have a strong financial record, which i provide to the embassy. Last 12 month average $76,000 per month income which my bank provide them. I am an entrepreneur, this yer I paid $68,000 just for tax so you know $ might play a big role here

[aaydrian 479]

As others has said your wife isn't being issued a visa because she has a high chance of not leaving the US as according to the length of time she may be given at her point of entry. In other words she's been denied due to having a husband in the US making $100,000 a year because she's more likely to stay, wait until you naturalize then she adjusts her status. To the interviewer, despite having tons of cash your wife has a high probability risking an over stay in the US and be taken care of by her 'wealthy' husband rather than be separated by 3 years waiting for a visa to be available.

[niktik 0]

As others has said your wife isn't being issued a visa because she has a high chance of not leaving the US as according to the length of time she may be given at her point of entry. In other words she's been denied due to having a husband in the US making $100,000 a year because she's more likely to stay, wait until you naturalize then she adjusts her status. To the interviewer, despite having tons of cash your wife has a high probability risking an over stay in the US and be taken care of by her 'wealthy' husband rather than be separated by 3 years waiting for a visa to be available.

Thanks dude thats make sense so even though took her passport, pic, and documents she will be denied i guess but they will call her to get the denied confirmation and everything right?

[Boiler 45,520]

You said she was denied the visa at the Consulate. No call needed.

[niktik 0]

You said she was denied the visa at the Consulate. No call needed.

no they told her to wait and they took her passport, pic and documents thats all.

And they gave her a paper which include rules i guess, might be they gonna call her to pick her passport and documents or might be the visit visa. Thats why i am asking her if anyone on my shoes before or i am the first one.

[Penguin_ie 5,993]

If they still have her passport, she is not denied. Get her to scan in the letter they gave her and post it here (blacking out names etc), so we can read it. Likely they asked her for more information on something.

[aaydrian 479]

There could have been some miscommunication between your wife and the CO or you and your wife. I've only heard of embassies/consulates keeping passports when persons are approved of a visa but is undergoing some form of administrative processing.

[niktik 0]

They called her today, and said she should get the passport Monday. If she can't anyone else can get it for her, so don't know if she got the visa or not

[aaydrian 479]

Then Monday you'll get your answer.

[niktik 0]

Then Monday you'll get your answer.

But don't you think they call her too early

her interview was wednesday 12pm, and they call her Thursday 8.30am to get the passport monday 3pm

Edited May 24, 2012 by niktik