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What to do differently for second try (B-2)?

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My mother-in-law (Philippines) was denied a B-2 visa to visit my wife and I to see her new granddaughter (due date is 1/21/17). I've read about other people with nearly identical jobs, ages, bank accounts, reasons to return, etc., who were not denied and I really feel like we just had some bad luck.

For our second try, how important is it to show something substantially different than the first try? Any suggestions on what that should be?

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Can you give us any more information? Has your mother-in-law ever overstayed a visa at any time in the past, does she have any form of criminal record, has she ever applied for a Visa before (successfully or not), does she have any disqualifying medical conditions...


AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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OK, then she said something at the interview that the officer did not like I would imagine. Sit her down and go through what was asked and how she replied.


AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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OK, then she said something at the interview that the officer did not like I would imagine. Sit her down and go through what was asked and how she replied.

probably that she was coming to help with the baby which equals unauthorized work to them.

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The three questions she was asked:

1. Where in the US are you visiting? "Phoenix, AZ".

2. What is purpose of your visit? "To visit my daughter, her son-in-law and new daughter."

3. What is your job? "I have two businesses: I buy and sell goods and make and sell rice cakes."

My question is about how important it is to show something different in the second application. Can we apply again with essentially the same application? Or is it important to show that something significant has changed?

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I wonder if they thought her "buy and sell goods" business was a little too vague.


AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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Sorry for your experience.

I agree with the previous posters.

Basically, one has to prove strong ties to the home country.

It seems that your mother-in-law did not do that.

Think of it this way -

To a Consular Officer, it might seem like - "Can I honestly approve giving this person the ability to request entry to the US over the next 10 years?"

To you it might seem like - "She just wants to visit us...this once, at least".

See the difference?

Without strong ties/reasons to RETURN to the Philippines, the Consular Officer is required by law to presume the opposite -

"That life in the US will be, or seem to be, better, so why go back to the PH?"

Without strong enough reasons to return to the PH's, her tourist visa applications will likely result in consistent denial, sorry to say.

Hang in there,

Dave

Edited by DaveSana

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...continuation of the above post....

On the other hand, you mentioned -
"I've read about other people with nearly identical jobs, ages, bank accounts, reasons to return, etc., who were not denied and I really feel like we just had some bad luck. "

What jobs, ages, banks accounts, and reasons to return did you actually read about that were nearly identical?

If you got the detail about their specifics, then share their and your specifics, so that the "near identical" fit can be reviewed.

Something was probably not nearly as "identical".

When it comes to visa approval, it is either the applicant's circumstances, or the applicant's presentation at the interview, that determines whether you get an approval or a denial. I am guessing, short of having additional information, that it is more likely to be the person's circumstances in your case, NOT the presentation.

Now, if your mother-in-law would actually like to immigrate to the US, that might be easier to achieve. Maybe.

Often when a person cannot justify getting a tourist visa, because of their weak ties, the possibility of getting a relative alien visa exists, if such a relationship, with sufficient sponsorship, exists.

It is really less about "luck". And if that is all you have, just reapplying and hope that you are going to be more lucky, put your money to better use - Consider booking flights to visit her.

Just some thoughts.

Best,

Dave

Edited by DaveSana

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I agree with others that think it is the perception that she is coming to help babysit the child. Very common for parents of Filipinas.

Is it possible for your MIL to travel to another country for a vacation first to show some travel history?


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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The three questions she was asked:

1. Where in the US are you visiting? "Phoenix, AZ".

2. What is purpose of your visit? "To visit my daughter, her son-in-law and new daughter."

3. What is your job? "I have two businesses: I buy and sell goods and make and sell rice cakes."

My question is about how important it is to show something different in the second application. Can we apply again with essentially the same application? Or is it important to show that something significant has changed?

The US Embassy advises to apply again when there is a change in circumstances. Sending in the same application is likely to get her the same results. Her only hope with the same application is a different CO who may come to a different conclusion. Unlikely, but possible.

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