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EM_Vandaveer

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  1. Like
    EM_Vandaveer reacted to appleblossom in Why Do I get Refused   
    She wasn’t denied just because of that, nobody said she was. You haven’t answered questions about her marital situation, kids, job, and other ties to Qatar. So we can’t help you without that info, but it’s likely it was a totality of circumstances. 
     
    And the decision will have been made based on the info she gave, just because you don’t agree with it doesn’t mean it wasn’t professional. 
     
     
  2. Like
    EM_Vandaveer reacted to Dashinka in Why Do I get Refused   
    Actually, consulate officers are required by law to assume anyone applying for a B2 visa will end up overstaying.  It is the burden of the applicant to prove otherwise primarily through the information they put on the DS160. This is why we see things like people claiming to be married on the DS160 when they are not as they think it increases the chances they will be approved.  That being said, there is not much you can do to help her overcome that burden of proof.  Btw, I thought the same thing back when my now wife was denied twice for B2’s.  We decided at that time our relationship was good enough to proceed with a K1 (probably would look to do a spousal visa if doing it now).
     
    Good Luck!
  3. Confused
    EM_Vandaveer reacted to ewbarnes2 in Why Do I get Refused   
    It was very unprofessional. It wasn’t an interview, she had a line of people behind her and was asked “why does she want to visit America and How long has she been in Doha, then they handed her the 214(b) refusal. I’m not sure I fully understand the reason why? 
     
    Is there anything I can do in order to help her get to America? She does not want to migrate to America.
  4. Like
    EM_Vandaveer reacted to appleblossom in Why Do I get Refused   
    Her being from Nigeria will be a big reason. It’s got a ~50% B visa refusal rate. 
     
    But what ties does she have in Qatar - business, spouse, children etc? Hard to say why without know that info. 
     
     
  5. Like
    EM_Vandaveer reacted to JeanneAdil in Why Do I get Refused   
    when a person is already not in their home country ,  it is fairly reasonable they are showing possibility of immigrant intent (not wanting to be in home )
     
    And understand that Nigeria is on the new list of 36 countries that may be added to the ban to add to the denial 
     
    BTW when you title it "why did I get refused?"  not why did she get refused,  it is basically understandable that a CO believed she had immigrant intent to come and marry and stay which is visa fraud
  6. Like
    EM_Vandaveer reacted to OldUser in Why Do I get Refused   
    There's no right for visitor's visa. It's a privilege.
     
    The friend did not convince consular official she'd be going back to Doha / Nigeria after coming to the US.
     
    Denial is pretty common for ladies from Nigeria (higher fraud country) and especially if she's single and of marrying age.
     
    Decision is officer's discretion.
     
    Things like owning properties, being married back home, high paying job or old parents she needs to take care of can improve chances of approval.
  7. Like
    EM_Vandaveer reacted to mam521 in B2 Visa Declined   
    Google "benefit in kind".  That is what she did and you allowed her to do.  The unfortunate reality is the totality of the circumstances mean she's very unlikely to secure another tourist visa.  
  8. Like
    EM_Vandaveer reacted to Unlockable in B2 Visa Declined   
    Some of the posters in this thread have been on here for many years. Some, I would say over a decade. And we can confirm that what you stated is perceived as working. There have been posts like yours of people visiting and helping their family with kids in the US only to be later denied entry or having their visa revoked for working. 

    Your sister did not have to be directly paid by you for it to be considered working. In fact, if you think about it, you provided her with room and board for half a year. That can be perceived as a form of payment in lieu of money. 
     
    America is very expensive to live in. And I would even say it was very American of you to seek cheaper options for something that is pricey. However, when it comes to immigration, you have to make sure you know all the rules and nuances involved. 
     
    I agree that your sister will likely not get another visa, at least for the time being. She can still get an immigrant visa later if she chooses to want to live in the US. However, it will take about 15 years to complete.
     
    Please continue to use this forum for any other question or concerns you may have. Many of us can say we have just about seen it all. If you have other family that are visiting, feel free to ask about common Dos and Don'ts.
  9. Like
    EM_Vandaveer reacted to Dashinka in B2 Visa Declined   
    Right, so you saved approximately $20k (26 weeks times $800 minus the one time $600) in daycare while she was here.  Sounds like she was definitely working and abusing the terms of her B2 visa, and more than likely when she made the comment "watching her nephews" at the interview, that was the point the CO made the decision.
     
    Good Luck, but I agree with the others, she is not likely to get a B2 anytime soon, if ever again.
  10. Like
    EM_Vandaveer reacted to appleblossom in B2 Visa Declined   
    Then that’s why they said she abused her visa. She was in effect working illegally - as said above it’s a job that she took from a USC, even if she wasn’t paid to do it then somebody else could have been.
     
    So that coupled with trying to enter the US when she had a ban in place means there’s no point in reapplying for another visitor visa this soon. Leave it a good few years then try again. 
     
    In the meantime, your wife might want to petition her sister for an immigrant visa, if you think there’s any chance she might want to move permanently in the future? It’s a long old wait and her past history shouldn’t impact that so I’d get the I-130 submitted asap even if you only think there’s a small chance she’ll want to move at some point. 
     
    Good luck. 
  11. Like
    EM_Vandaveer got a reaction from TBoneTX in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  12. Like
    EM_Vandaveer got a reaction from TBoneTX in B2 Visa Declined   
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  13. Like
    EM_Vandaveer got a reaction from Lemonslice in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  14. Like
    EM_Vandaveer got a reaction from mam521 in B2 Visa Declined   
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  15. Like
    EM_Vandaveer got a reaction from OldUser in B2 Visa Declined   
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  16. Like
    EM_Vandaveer got a reaction from Unlockable in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  17. Like
    EM_Vandaveer got a reaction from Dashinka in B2 Visa Declined   
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  18. Like
    EM_Vandaveer got a reaction from Dashinka in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  19. Like
    EM_Vandaveer got a reaction from appleblossom in B2 Visa Declined   
    8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.
  20. Like
    EM_Vandaveer got a reaction from appleblossom in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  21. Like
    EM_Vandaveer got a reaction from smilingstone in B2 Visa Declined   
    Yes, it's 100% working, as your nanny.....
  22. Like
    EM_Vandaveer reacted to OldUser in Received Reminder to file I-751 with a 10 year visa   
    Yes, this happens from time to time. If you know you don't need to file I-751, you can ignore the reminder.
     
    Also, green card is NOT a visa.
  23. Like
    EM_Vandaveer reacted to smilingstone in B2 Visa Declined   
    Being a tourist does not constitute as being a live-in babysitter. Doesn't matter if you didn't pay her, I'm guessing you housed her, fed her, etc in exchange for her "service". Also sounds like you paid for her flights. How do you not see that as working? 
     
    Sorry to say but you have both approached the inital issuance of her B visa completely wrong. 
  24. Like
    EM_Vandaveer reacted to TBoneTX in B2 Visa Declined   
    Any work that would displace a U.S. citizen (who could do the same job) is prohibited.
    Exceptions are purely voluntary activities, such as serving in a charity soup kitchen.
  25. Like
    EM_Vandaveer reacted to pushbrk in US Citizen with Foreign Fiancé: When and How to Get Married?   
    And the truth is that if during the visit, the plans change, then the plans change.  What is not legal is to have such an intent when entering as a tourist.  All kinds of things can happen in three months.  I'm pointing out facts of life, not making suggestions.
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