B2 Visitor’s Visa DENIED

[GingerWinnger 0]

My South African partner recently applied for a B2 visa and was denied unfortunately. 
 

he was asked the basic questions:

 

why are you going to the US?

where will you be going?

who is funding your trip? 
 

This is where it gets sticky. He said I was funding the trip and that he was going to the US to attend a recording session with me. 
 

The officer then asks: is she paying you? 
 

He answers yes, referring to previous jobs we’ve done together. I think she misunderstood him and assumed I’d be paying him for this trip to the US. 
 

Totally a misunderstanding and he explained but he was denied. If he applies again within a month, is there any chance he’d be approved? Has anyone been denied but applied again (NOT AN APPEAL) and been approved? 
 

She also said she’d “wipe this incident from the system” so I’m wondering if she just wants him to reapply and NOT say that I’m paying him. 
 

totally confused. We’re supposed to travel end of Feb. Any advice/feedback is helpful! 

[canadian_wife 1,822]

Sadly, the cat is out of the bag.  From your description, it is likely the CO thought you were paying him for the recording session and thus unauthorized work.  But if you have previously done work together in the US, and you have paid him - he has worked without authorization. 

 

What is the wait time for a B visa interview in S. Africa?  I know for many countries that it is tremendously long wait.

 

To answer your question - I was denied entry twice to the US and then admitted as a tourist.  But what has changed since the last interview?

 

Good luck

[SalishSea 17,818]

2 hours ago, GingerWinnger said:

My South African partner recently applied for a B2 visa and was denied unfortunately. 
 

he was asked the basic questions:

 

why are you going to the US?

where will you be going?

who is funding your trip? 
 

This is where it gets sticky. He said I was funding the trip and that he was going to the US to attend a recording session with me. 
 

The officer then asks: is she paying you? 
 

He answers yes, referring to previous jobs we’ve done together. I think she misunderstood him and assumed I’d be paying him for this trip to the US. 
 

Totally a misunderstanding and he explained but he was denied. If he applies again within a month, is there any chance he’d be approved? Has anyone been denied but applied again (NOT AN APPEAL) and been approved? 
 

She also said she’d “wipe this incident from the system” so I’m wondering if she just wants him to reapply and NOT say that I’m paying him. 
 

totally confused. We’re supposed to travel end of Feb. Any advice/feedback is helpful! 

He was correctly denied.   He is not allowed to work in the U.S. on a B2.

[SalishSea 17,818]

Unauthorized work can result in a bar.   And contrary to what he was told, the consular officer doesn’t have the authority to “wipe” the denial from his record.   The visa denial is forever.

 

I can’t see him getting a B2 any time soon.   Sometimes if people develop stronger ties to home, years later they can.

 

Also-  if he wants to work in the U.S., a B visa isn’t the right one for him.

[SalishSea 17,818]

3 hours ago, GingerWinnger said:

so I’m wondering if she just wants him to reapply and NOT say that I’m paying him

This is perhaps one of the most bizarre ideas I’ve seen in all my years on VJ.   I PROMISE you the U.S. consular officer doesn’t  want him to reapply and change his story about getting paid in the U.S.

[millefleur 5,046]

3 hours ago, GingerWinnger said:

She also said she’d “wipe this incident from the system” so I’m wondering if she just wants him to reapply and NOT say that I’m paying him. 

Odd comment from the CO.....was he given the 214(b) rejection paper? Or any paper explaining why he was denied?

[GingerWinnger 0]

3 hours ago, canadian_wife said:

Sadly, the cat is out of the bag.  From your description, it is likely the CO thought you were paying him for the recording session and thus unauthorized work.  But if you have previously done work together in the US, and you have paid him - he has worked without authorization. 

 

What is the wait time for a B visa interview in S. Africa?  I know for many countries that it is tremendously long wait.

 

To answer your question - I was denied entry twice to the US and then admitted as a tourist.  But what has changed since the last interview?

 

Good luck

I have paid him. But I live in SA and we work on online music jobs together. He’s never been it the US. The wait time for an appointment is approx 20-30 days and it takes about 10 business days to have passport mailed back with visa. 
 

you were denied twice as a tourist and then they approved you?   

[GingerWinnger 0]

27 minutes ago, millefleur said:

Odd comment from the CO.....was he given the 214(b) rejection paper? Or any paper explaining why he was denied?

I think it was the 214(b). They were vague about why he was not approved. They even said “you’re just not quite there yet”. 🤷‍♀️ 

1 hour ago, SalishSea said:

He was correctly denied.   He is not allowed to work in the U.S. on a B2.

He’s not working. He’s not getting paid either. What insinuated he was working in the US? I’m curious. Maybe this is how she saw it for some reason. 

[SalishSea 17,818]

2 minutes ago, GingerWinnger said:

I think it was the 214(b). They were vague about why he was not approved. They even said “you’re just not quite there yet”. 🤷‍♀️ 

He’s not working. He’s not getting paid either. What insinuated he was working in the US? I’m curious. Maybe this is how she saw it for some reason. 

He answered "yes" to "is she paying you"?  And admitted to working in the past.  That isn't insinuating, that is admitting.

[GingerWinnger 0]

1 hour ago, SalishSea said:

Unauthorized work can result in a bar.   And contrary to what he was told, the consular officer doesn’t have the authority to “wipe” the denial from his record.   The visa denial is forever.

 

I can’t see him getting a B2 any time soon.   Sometimes if people develop stronger ties to home, years later they can.

 

Also-  if he wants to work in the U.S., a B visa isn’t the right one for him.

What can qualify as a stronger ties? He has an apartment, a stable job of 6 years, 2 automobiles and family. 

[GingerWinnger 0]

4 minutes ago, SalishSea said:

He answered "yes" to "is she paying you"?  And admitted to working in the past.  That isn't insinuating, that is admitting.

Well it was a misunderstanding and I assume it caused him to not get the visa. I’m just wondering if he has a chance to be approved for a tourist visa. 

[SalishSea 17,818]

11 minutes ago, GingerWinnger said:

But I live in SA and we work on online music jobs together. He’s never been it the US.

This would have been a useful detail to include in your original post.  You definitely made it sound like you were in the US and he was coming from SA to work and be paid, and had done that before.  

 

So now it looks more like it is related to lack of ties to SA and having an American partner.  Consular officers are required to look at all B visa applications under the lens of immigrant intent.  Having a US partner and being from an African country makes a B visa approval very unlikely, even without the miscommunication.  

 

If he can strengthen the ties to home, he can apply again.  Honestly to apply immediately after a denial is a waste of money, but of course they'll take your money.

[SalishSea 17,818]

1 minute ago, GingerWinnger said:

Well it was a misunderstanding and I assume it caused him to not get the visa. I’m just wondering if he has a chance to be approved for a tourist visa. 

With a USC partner and being from a 3rd world country, I don't see it happening.  If you want him to be able to live in the US, marry and petition him for a spouse visa.

[canadian_wife 1,822]

5 hours ago, GingerWinnger said:

I have paid him. But I live in SA and we work on online music jobs together. He’s never been it the US. The wait time for an appointment is approx 20-30 days and it takes about 10 business days to have passport mailed back with visa. 
 

you were denied twice as a tourist and then they approved you?   

 

Canadians do not need a tourist visa.  I was denied entry to the US twice, then admitted for a very short trip.

 

But each situation is different.  I do wish you luck - but do be prepared for another denial, as SalishSea already stated, no CO can 'wipe' the denial off the record.  And if asked at interview #2, he must tell the truth.

[SteveInBostonI130 3,434]

7 hours ago, GingerWinnger said:

Well it was a misunderstanding and I assume it caused him to not get the visa. I’m just wondering if he has a chance to be approved for a tourist visa. 

 

His entire file is recorded.  The application, the denial and the interview notes.

 

The CO could have helpfully noted that the 3rd answer may have been a misunderstanding, but it would be there for the the next interviewer to review.

 

The issue is you both work in the music industry and you are heading to the US to attend a recording session.

 

That in and of itself sounds suspiciously of intending to go to the US to work.

 

If he applies again for the same intended trip, I do not see it being approved.