B-2, Mother in Law trying again (denied the first time)

[Skyman 306]

My wife has been in the US since September of Covid and a LPR since October of 21, applying for citz next year.  She's due with our baby in Oct/Nov.  I thought it would be a good idea for her mom to visit us for a few months over the birth time to help out.  Pinoy interviewer in Manila denied her.  I had told her she needs to get her file of 'stuff' to the interviewer because he won't ask for it.  That didn't happen so we want to try again and this time she knows to get the file to the interviewer.  Force it on them if she has to because without it, there's nothing to show the required "compelling reasons to return to the Philippines."  

 

Anyway, I go to sign in and select New Application, NIV, B-2...and the info is already there including the DS-160 AA confirmation #.  And then it wants me to pay the fee.  This seems too easy.  I know that nothing has actually changed on the DS-160 but being a gov't system I would expect them to want an entirely new submission.  Is this correct?, just pay again with the same DS-160 number?  Seems to me someone would look up the number, see it was already denied and deny it again without interview.

[Mike E 11,732]

8 minutes ago, Skyman said:

 I thought it would be a good idea for her mom to visit us for a few months over the birth time to help out

 

 

9 minutes ago, Skyman said:

  Seems to me someone would look up the number, see it was already denied and deny it again without interview.

Given the intent is unauthorized work, that seems likely.

[Skyman 306]

7 minutes ago, Mike E said:

 

 

Given the intent is unauthorized work, that seems likely.

For helping out?  That's kind of what parents/grandparents do.

[EmilyW 1,336]

Few things here.

 

I appreciate your MIL was honest about wanting to help her daughter.  In doing so, she effectively admitted to wanting do unauthorized work on a tourist visa and she was rightly denied.  I get that it seems strange but that's the way it is: the US government sees that type of care as taking away a job from an LPR / citizen.

 

Second, how did your missus get to the US?  If it was via a tourist visa, from which she then adjusted, then that might be another strike.

 

Finally, there is no 'forcing' of anyone to look at anything.  If nothing has changed in her circumstances since the last application, she will likely be denied again.

 

 

No harm in trying though.

 

Edited July 8, 2023 by EmilyW

[Mike E 11,732]

13 minutes ago, Skyman said:

For helping out?  That's kind of what parents/grandparents do.

Grandparents who are work authorized (citizens, LPRs, American Samoans, etc) are permitted to provide child care to their grand children.

 

Per your time line, your wife entered on a B visa and adjusted status. So the embassy might suspect history will repeat itself. 

 

 

Edited July 8, 2023 by Mike E

[Skyman 306]

2 minutes ago, EmilyW said:

Second, how did your missus get to the US?  If it was via a tourist visa, from which she then adjusted, then that might be another strike.

Wife received her B-2 in 2010 and used it 5-6 times.  We renewed it in February of 2020 and made reservations for another 2 month visit.  A week later, all flights canceled and the Philippine gov't barred Filipinos from leaving on tourist visas.  In September there was a narrow window for tourists to leave so we did.  After that mess (and still with most flights canceled and major difficulties getting in or out of the Philippines) I decided it was time for her to get US citizenship.

 

However, I'm told the B-2 is all about the individual so I wouldn't my wife's case would affect her mother.  I'm sure a lot of people will say it does but I don't believe it unless my wife had been convicted of trafficking or terrorism or something on that scale.    

 

Anyway, ok, I'll tell her not to say she's helping out.  How ridiculous is that.  Hahahahaha

[Boiler 44,948]

From your personal perspective getting involved in this can only go badly, leave it to your wife and MIL

 

I am intrigued as to what you mean by stuff, and how it will be forced on anyone.

 

Obviously the daughter having visited and adjusted hardly helps her case.

[Skyman 306]

13 minutes ago, Mike E said:

Per your time line, your wife entered on a B visa and adjusted status. So the embassy might suspect history will repeat itself. 

Maybe I'm wrong but I don't think there was anything on the DS-160 that would definitively identify my wife other than "name and relationship of relatives in the US."

 

It seems to me my wife's record of multiple trips to the US over a 11 year period without overstaying would be a plus.

[EmilyW 1,336]

Well good luck.  I would advise your MIL not lie to the CO.  They will have the record of her previous application and it may come up.

[Boiler 44,948]

3 minutes ago, Skyman said:

Maybe I'm wrong but I don't think there was anything on the DS-160 that would definitively identify my wife other than "name and relationship of relatives in the US."

 

It seems to me my wife's record of multiple trips to the US over a 11 year period without overstaying would be a plus.

B2 is a non immigrant visa, she used it to immigrate 

[Mike E 11,732]

14 minutes ago, Skyman said:

However, I'm told the B-2 is all about the individual so I wouldn't my wife's case would affect her mother.  I'm sure a lot of people will say it does but I don't believe it unless my wife had been convicted of trafficking or terrorism or something on that scale

I am having trouble finding the post but there was a case posted this year where a someone was denied a B visa because previously a relative had adjusted on a B visa.

 

5 minutes ago, Skyman said:

Maybe I'm wrong but I don't think there was anything on the DS-160 that would definitively identify my wife other than "name and relationship of relatives in the US."

That would definitively identify her

5 minutes ago, Skyman said:

 

It seems to me my wife's record of multiple trips to the US over a 11 year period without overstaying would be a plus.

Except for trip where she filed I-485

Edited July 8, 2023 by Mike E

[Skyman 306]

1 minute ago, Boiler said:

I am intrigued as to what you mean by stuff, and how it will be forced on anyone.

Everyone who goes to a tourist visa interview has a file of stuff.  The stuff the interviewer should want to see but never asks for.  

 

Here is the B-2 criteria from some lawyers website:

 

Quote

B2 Visa Requirements

To qualify for the B2 travel visa, you must prove that:

1. The purpose of your trip is to tour the U.S.
2. You have a permanent residence in your home country that you have no intention of abandoning
3. You have binding ties to your home country in the form of property, family, or a permanent job
4. You are not coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer
5. You have sufficient financial resources to fund the trip including all travel, accommodation and living expenses during your stay in the U.S. If you do not have sufficient financial resources to fund the trip, a sponsor must provide evidence that he/she will provide support

Seems reasonable, right? But the DS-160 contains only bio data and none of the above.  So you need to bring a file of the stuff to prove it.  Land titles, employment letters, etc.  Whatever stuff you have.

[Skyman 306]

Can we get back to the actual question here?

 

56 minutes ago, Skyman said:

Anyway, I go to sign in and select New Application, NIV, B-2...and the info is already there including the DS-160 AA confirmation #.  And then it wants me to pay the fee.  This seems too easy.  I know that nothing has actually changed on the DS-160 but being a gov't system I would expect them to want an entirely new submission.  Is this correct?, just pay again with the same DS-160 number?  Seems to me someone would look up the number, see it was already denied and deny it again without interview.

[powerpuff 6,465]

3 minutes ago, Mike E said:

I am having trouble finding the post but there was a case posted this year where a someone was denied a B visa because previously a relative had adjusted on a B visa.

This happened to a close friend of mine last year when her mother applied for B2. As soon as IO realized her daughter adjusted on B2, it was swiftly denied, even through she (the mother) had relatively good ties (stable career, young son).

[Boiler 44,948]

I forgot what the question was?