Wife denied a B2 visa...

[Dr3ams 0]

My wife's ESTA was denied, so we made an appointment for her at the Consulate in Frankfurt. There she was also denied. The reason was, "there was not enough proof that she was going to return to Germany". 

 

1. I am an American. I live here in Germany. I am also disabled and my wife is my registered care giver.

2. Are kids have dual citizenship. My two sons are in the German military and my daughter is a registered nurse at a local hospital.

3. We pay rent and we have documents to show we have been paying rent for the last 30 years here in Germany.

4. My wife has a round trip ticket.

5. My wife wants to visit our oldest son in America. As a German soldier, he is stationed at NATO headquarters in Virginia. 

 

My wife took all of that "proof" with her to the consulate. The lady at the window didn't even ask for it, but instead asked irrelevant questions. Like "what was in 2005, did you travel to the U.S. then?". My wife hasn't been to America since 1998. They know that. After a couple more empty questions, they informed her that she was denied.  

 

This is ridiculous. If she had come through the southern border, she would have been given a drivers license, some cash and a voter's card. 

[Crazy Cat 41,814]

Why was her ESTA denied?

[canadian_wife 1,822]

I'm very sorry to hear this happened to you.  I was denied entry to the US twice so I know how terrible they make you feel. 

 

Why was the ESTA denied?

 

It sounds like your children have LOTS of ties to Germany, but sadly, they aren't your wife's ties.  What can your wife (and your wife alone) show that she must return?  Does she have a job?  responsibilities in Germany? 

Good luck

[Boiler 45,449]

I do not see a question so I assume this is a rant.

 

NATO HQ is in Brussels.

[Crazy Cat 41,814]

1 minute ago, Boiler said:

I do not see a question so I assume this is a rant.

 

NATO HQ is in Brussels.

and I didn't realize that people crossing the border could vote...😄

[Boiler 45,449]

Does make me wonder what happened in 1998.

[jan22 3,049]

44 minutes ago, Boiler said:

Does make me wonder what happened in 1998.

It makes it makes me wonder what, if anything, happened in 2005.

 

OP:  Any response you get right now would be nothing but pure speculation. The key to perhaps understanding what's going on is, first and foremost, to find out why the ESTA was denied. A denied ESTA implies there's something in the DHS system that means she may be ineligible to enter the United States without a visa and they want a visa officer to take a look at it.  It may be something as simple as travel to one of the countries on the list of state sponsors of terrorism which would mean that a visa is now required for that person instead of ESTA.  It may be  something else that DHS wants a visa officer to take a look at, such as a name similar to someone who has an ineligibility to enter the US.  DHS wants it ruled out that she is this person.

[Dr3ams 0]

On the ESTA application was a space to provide the German ID number from an ID card. My wife put in the number from her passport instead, which resulted in an automatic denial.

 

In 1998 my wife applied for an immigrant visa to the United States. At that time we considered moving there. The request was denied. No reason was given. Even though my wife is German, she wasn't born in Germany. She is what the Germans call Russlanddeutche...German ancestry, but born in the old Soviet Union (Krygyzstan to be exact). Her family immigrated to Germany in the late 70s. At the time the German government was trying to bring those with German ancestry back to Germany. Also, my mother-in-law was born in East Germany and she and her family were sentenced to Russian concentration camps after WW2, where her father was shot and killed in front of her.

 

Lastly, in response to one of the above posts...the headquarters for NATO in the U.S. is in Virginia. What I said originally didn't come out right.     

[Crazy Cat 41,814]

5 hours ago, Dr3ams said:

My wife hasn't been to America since 1998.

What was her status in the US in 1998?  Did she overstay?

[Dr3ams 0]

5 minutes ago, Crazy Cat said:

What was her status in the US in 1998?  Did she overstay?

In 1998, after she was denied an immigrant visa, some months later we went to the States on vacation. While we were there I inquired about her status. We spent 90 days there, but before the 90 days were over I filed for an extension on her behalf. I received a copy of the paid-in-full extension application. The officer (or case worker) told me that as long as I have a valid extension application, she can stay until we receive a written answer. Maybe that information was wrong. In any case we were later informed that we could only resolve the matter in Frankfurt. So we bought airline tickets and returned to Germany. We didn't return to the Consulate...but instead we decided to stay here.

[Crazy Cat 41,814]

40 minutes ago, Dr3ams said:

In 1998, after she was denied an immigrant visa, some months later we went to the States on vacation. While we were there I inquired about her status. We spent 90 days there, but before the 90 days were over I filed for an extension on her behalf. I received a copy of the paid-in-full extension application. The officer (or case worker) told me that as long as I have a valid extension application, she can stay until we receive a written answer. Maybe that information was wrong. In any case we were later informed that we could only resolve the matter in Frankfurt. So we bought airline tickets and returned to Germany. We didn't return to the Consulate...but instead we decided to stay here.

But if the extension was denied, then she could have been assessed with an overstay.  If so, then that is , likely, the reason for the ESTA denial and the B2 denial.  

Edited April 3, 2023 by Crazy Cat

[Unlockable 7,314]

27 minutes ago, Dr3ams said:

In 1998, after she was denied an immigrant visa, some months later we went to the States on vacation. While we were there I inquired about her status. We spent 90 days there, but before the 90 days were over I filed for an extension on her behalf. I received a copy of the paid-in-full extension application. The officer (or case worker) told me that as long as I have a valid extension application, she can stay until we receive a written answer. Maybe that information was wrong. In any case we were later informed that we could only resolve the matter in Frankfurt. So we bought airline tickets and returned to Germany. We didn't return to the Consulate...but instead we decided to stay here.

 

25 minutes ago, Crazy Cat said:

But if the extension was denied, then she could have been assessed with an overstay.  Fi so, then that is , likely, the reason for the ESTA denial and the B2 denial.  

@Dr3ams,

 

I am inclined to go with @Crazy Cat's theory that a default overstay was somehow given. Even though you had an extension application in progress, if you left after the original 90 days and before the approval, it may have triggered a default overstay. Or maybe by leaving before the extension was approved, the extension may have been deemed abandoned then reverted to a default overstay.

[Boiler 45,449]

90 days suggests a VWP visit not a B2 and the VWP can not be extended.

 

Never heard of anyone being refused an immigrant visa and not being given a reason.

[Dashinka 24,481]

41 minutes ago, Dr3ams said:

In 1998, after she was denied an immigrant visa, some months later we went to the States on vacation. While we were there I inquired about her status. We spent 90 days there, but before the 90 days were over I filed for an extension on her behalf. I received a copy of the paid-in-full extension application. The officer (or case worker) told me that as long as I have a valid extension application, she can stay until we receive a written answer. Maybe that information was wrong. In any case we were later informed that we could only resolve the matter in Frankfurt. So we bought airline tickets and returned to Germany. We didn't return to the Consulate...but instead we decided to stay here.

Was she here on ESTA in 1998?  To my knowledge you cannot extend if you are here on and ESTA/VWP.

 

You may not apply to extend your stay if you were admitted to the United States in the following categories:

• Visa Waiver Program

https://www.uscis.gov/visit-the-united-states/extend-your-stay

Edited April 3, 2023 by Dashinka

[Sammy_2496 116]

Judging from the information you have given so far, sounds like she overstayed the last time she was here. Even just a 10 minute overstay with have you being denied an ESTA