EM_Vandaveer

Since it was 3 years ago and you stayed outside the US you should be fine. Of course, there's never a guarantee.

Since it was 3 years ago and you stayed outside the US you should be fine. Of course, there's never a guarantee.

If you prefer I say it more formally: USCIS doesn’t agree with BIA’s reading of the law on this, but they’re bound by BIA precedent.
 
How they’ve dealt with it in some cases with published internal rulings is they’ve denied AOS for misrepresentation at the POE, like @Crazy Cat mentioned. USCIS cited misrep by omission and stated the BIA precedent on pre-conceived intent isn’t applicable since misrepresentation makes someone inadmissible and as such there was no need for USCIS to perform the balance of equities analysis required by BIA for cases of spousal pre-conceived intent.
 
But you’re correct: the law is that if an intending immigrant is admissible, pre-conceived intent is presumed not to create a bar to adjustment of status for spouses assuming there are no other factors weighing against adjustment when USCIS performs an analysis based on the balance of equities. It’s not fraud and I really wish people would stop saying it was.
 
The better way to phrase it is that for obvious cases of pre-conceived intent that are flagrant, USCIS has claimed that omission is sufficient to create a ban for misrepresentation. I’m not familiar with any BIA precedent ruling on this, but it’s the historical stance of their internal review board.

Yes there absolutely could be a problem. There have been people refused a K-1 visa for being "too married" to qualify for simply having a celebration ceremony in the intending immigrant's home country. I would be very cautious about having any kind of ceremony prior to entering the US on the K-1 visa.

Because single means "not married" 
no wonder the CO had suspensions that the relationship (marriage) was not real
that was a big mistake to do taxes like that
 
you already had interview so there is no application ongoing / there is a petition she did for the spouse and your DS 260 for the visa
 
she needs to do 1040x filing as married
MFS (married filing separate) or MFJ (married filing joint and the W7 for your ITIN which is in her favor for lower tax bracket

It's USCIS' policy NOT to deny an adjustment of an IR of a USC based solely on intent so no need to prove intent. It was decided at POE that he didn't have intent, otherwise he wouldn't have been allowed entry.

MFS & put NRA for Non-resident alien where it asks for his SSN. Has to paper file for this reason.

MFS & put NRA for Non-resident alien where it asks for his SSN. Has to paper file for this reason.

Doesn't matter when. Would you want USCIS to doubt your marriage 5 years later and revisit your green card when you try to naturalize? I'd try to fix it sooner.

Ok with this background info sounds like your interview went fine and they just wanted those money transfer receipts  - I really don't see anything that was bad. 
 
Did they keep your passport? 
 
 

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. 
 
 

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!

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.

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. 
 
 

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

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.

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.  

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.

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.

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. 

Yes, it's 100% working, as your nanny.....

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.

Yes, it's 100% working, as your nanny.....

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.

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.