b1/b1 visa denied need advice to re-apply

[Jvisa2023 0]

My same-sex partner's (not married) b1/b2 visa got denied . She planed to travel with me to LA, I am a permanent resident of Canada and have a valid USA visa on my passport. 

She is preparing her second visa interview. I wonder if it would be better without mentioning me? The officer asked if she traveled with your lover in the first interview, she was nervous because it's her first time went to interview. I am not sure if the denial is related to her interview  performance or due to my USA visa. I wonder if the officer will think she has chance to travel with me to Canada instead of returning to China? However, in any cases, there is no intention to overstay in the USA. 

Any advices will be highly appreciated!

 

Edited March 4, 2023 by Jvisa2023

[Crazy Cat 41,981]

7 minutes ago, Jvisa2023 said:

and have a valid USA visa on my passport. 

What visa category?

[Jvisa2023 0]

20 minutes ago, Crazy Cat said:

What visa category?

It's just B1/B2 visa. Not a immigration visa

[Boiler 45,670]

Does she have a Canadian visa?

[Jvisa2023 0]

6 minutes ago, Boiler said:

Does she have a Canadian visa?

No. She applied a Canadian Visitor Visa but got refused. The B1/B2 visa interview was conducted after the refusal of the Canadian visitor visa. I guess the US officer can see her refusal for a Canadian visa in his system? 

[mytruelove18 608]

4 hours ago, Jvisa2023 said:

No. She applied a Canadian Visitor Visa but got refused. The B1/B2 visa interview was conducted after the refusal of the Canadian visitor visa. I guess the US officer can see her refusal for a Canadian visa in his system? 

Us officer can see canadian refused visa. I have a friend who canadian visa was denied, then year later she applied for a usa b2 visa and the us officer asked her what happend with her canadian visa aplicación and she answer was denied, her usa visa was denied too.

and on ds-160 they never aked for any application visa to another country but look like they can see that you apply 

[Jvisa2023 0]

7 minutes ago, mytruelove18 said:

Us officer can see canadian refused visa. I have a friend who canadian visa was denied, then year later she applied for a usa b2 visa and the us officer asked her what happend with her canadian visa aplicación and she answer was denied, her usa visa was denied too.

and on ds-160 they never aked for any application visa to another country but look like they can see that you apply 

Yes that was my guess too. But it makes no sense that she got denied for the b1/b2 because of the refusal of a Canadian visa? 

She got refused on a Canadian visa probably the officer thought she will overstay in Canada with me. However, there is no any ties in USA, 

I am a PR of Canada,  what are the purposes for my girlfriend to overstay in the USA.

[Boiler 45,670]

27 minutes ago, Jvisa2023 said:

No. She applied a Canadian Visitor Visa but got refused. The B1/B2 visa interview was conducted after the refusal of the Canadian visitor visa. I guess the US officer can see her refusal for a Canadian visa in his system? 

Did she reapply?

[Jvisa2023 0]

6 minutes ago, Boiler said:

Did she reapply?

Yes, she applied after the denial of the b1/b2. Unfortunately, she got refused again on her Canadian visitor visa, probably due to the tie with me. However, there is no ties in the USA, so I am confused how can she prepare for the second time of b1/b2 interview? 

[Boiler 45,670]

She has been once so she knows it is just a few minutes and a couple of questions.

[SalishSea 17,928]

1 hour ago, Jvisa2023 said:

No. She applied a Canadian Visitor Visa but got refused. The B1/B2 visa interview was conducted after the refusal of the Canadian visitor visa. I guess the US officer can see her refusal for a Canadian visa in his system? 

Right, she won't get a B-2 visa.  She should wait and apply in a few years, if she can demonstrate stronger ties to home at that time.

[SalishSea 17,928]

1 hour ago, Jvisa2023 said:

Yes, she applied after the denial of the b1/b2. Unfortunately, she got refused again on her Canadian visitor visa, probably due to the tie with me. However, there is no ties in the USA, so I am confused how can she prepare for the second time of b1/b2 interview? 

I think you're misunderstanding a crucial component of this:  it isn't about her ties to USA, it's about her ties to HOME.  They don't particularly care why she wants to visit.  They care that she will leave when she is supposed to.  Consular officers are required to evaluate non immigrant visa applications through the lens of immigrant risk, and that is what they've done in this case.

[Jvisa2023 0]

32 minutes ago, Jorgedig said:

I think you're misunderstanding a crucial component of this:  it isn't about her ties to USA, it's about her ties to HOME.  They don't particularly care why she wants to visit.  They care that she will leave when she is supposed to.  Consular officers are required to evaluate non immigrant visa applications through the lens of immigrant risk, and that is what they've done in this case.

Thank you pointing out this crucial component! She prepared an employment letter, a full ownership of a property, and $40000 usd savings, and her single mom live with her. but the officer didn't even check these documents and refused her application. 

[Mike E 11,741]

1 hour ago, Jvisa2023 said:

But it makes no sense that she got denied for the b1/b2 because of the refusal of a Canadian visa? 

She got refused on a Canadian visa probably the officer thought she will overstay in Canada with me

Because of her ties to her gf in Canada, she has a strong incentive to overstay in the USA so that you can visit her in USA. 

[RamonGomez 271]

9 hours ago, Jvisa2023 said:

Thank you pointing out this crucial component! She prepared an employment letter, a full ownership of a property, and $40000 usd savings, and her single mom live with her. but the officer didn't even check these documents and refused her application. 

 I recently read an interview with a former counselor officer (I think he worked in Mumbai India), and one thing that I found interesting was him saying that "90% of the visa decision is made before the interview" (I'm paraphrasing). They look at things like age, occupation, savings, income, address, gender etc. and can algorithmically get 90% of the way there before even interviewing the applicant. It's why you hear so many stories of 30 second interviews resulting in denials without the applicant even getting a chance to plead their case.

 

I think her odds of getting the visa are low, but then again there are people who applied several times and were finally granted the visa. My sister-in-law got her B1/B2 on her second interview, and she met someone at the consulate who finally got it on his fourth (!) attempt. 

Good luck 🙂 

Edited March 4, 2023 by RamonGomez