B-2, Mother in Law trying again (denied the first time)

[powerpuff 6,091]

Just now, Boiler said:

I forgot what the question was?

If the previous DS-160 for that B2 interview should be reused? My instinct says to fill out a new one since it’s a new submission but I might be wrong.

[Skyman 289]

5 minutes ago, Mike E said:

19 minutes ago, Skyman said:

 

I am having trouble finding the post but there was a case posted this year where a someone was denied a B visa because previously a relative had adjusted on a B visa.

I haven't heard of anyone being given an actual reason why their B was denied.  Just a form letter saying you weren't approved because you didn't meet the qualifications, yada, yada, yada...

Lot of people make assumptions to why they were denied but it's a guess.

8 minutes ago, Mike E said:

That would definitively identify her

Not really.  If it was even asked it was only by name and I'm sure my wife's name isn't unique.

9 minutes ago, Mike E said:

Except for trip where she filed I-485

I can understand that being a problem if the change was filled on her first trip but after over 10 years you're really slow balling it.

[Mike E 11,730]

14 minutes ago, Skyman said:

Not really.  If it was even asked it was only by name and I'm sure my wife's name isn't unique.

26 minutes ago, Mike E said:

Pretty sure DS-160 asks for name and address of U.S. contact and name and address of each relative.

 

With modern computing capabilities, it is trivial to correlate your MIL with your wife. 
 

As this has now devolved toward a primer on how to deceive DoS, I am out. 

[Boiler 43,925]

New B2

 

New DS 160

 

Did not daughter apply for new B2?

[carmel34 3,541]

1 hour ago, Skyman said:

Pinoy interviewer in Manila denied her.  I had told her she needs to get her file of 'stuff' to the interviewer because he won't ask for it.  That didn't happen so we want to try again and this time she knows to get the file to the interviewer.  Force it on them if she has to because without it, there's nothing to show the required "compelling reasons to return to the Philippines."

Officers are not required to look at anything brought to the interview.  They can if they want to, but most don't.  A decision is made based in the information in the submitted visa application, and responses to questions asked during the interview.  There is no way to force an officer to look at the file of "stuff" she brings with her.  If she tries, it could backfire as a sign of desperation.  With a recent denial on her record, she should wait a while before trying again.  DOS website says current wait time for a B2 visa interview in Manila is 161 days from filing a new application online and paying the fee again.

[SalishSea 17,008]

3 hours ago, Skyman said:

For helping out?  That's kind of what parents/grandparents do.

I’m sure they assume that she’ll ‘suddenly’ decide to stay and adjust status.   Just have your wife petition her properly when eligible. 

[SalishSea 17,008]

3 hours ago, Skyman said:

Wife received her B-2 in 2010 and used it 5-6 times.  We renewed it in February of 2020 and made reservations for another 2 month visit.  A week later, all flights canceled and the Philippine gov't barred Filipinos from leaving on tourist visas.  In September there was a narrow window for tourists to leave so we did.  After that mess (and still with most flights canceled and major difficulties getting in or out of the Philippines) I decided it was time for her to get US citizenship.

 

However, I'm told the B-2 is all about the individual so I wouldn't my wife's case would affect her mother.  I'm sure a lot of people will say it does but I don't believe it unless my wife had been convicted of trafficking or terrorism or something on that scale.    

 

Anyway, ok, I'll tell her not to say she's helping out.  How ridiculous is that.  Hahahahaha

Do NOT have her lie.  At all.

[SalishSea 17,008]

2 hours ago, Skyman said:

Maybe I'm wrong but I don't think there was anything on the DS-160 that would definitively identify my wife other than "name and relationship of relatives in the US."

 

It seems to me my wife's record of multiple trips to the US over a 11 year period without overstaying would be a plus.

No, because she adjusted on a B visa.   The assumption is that her family will do the same.   She was rightly denied, IMHO.

[Skyman 289]

26 minutes ago, SalishSea said:

I’m sure they assume that she’ll ‘suddenly’ decide to stay and adjust status.   Just have your wife petition her properly when eligible. 

Petitioning her for US citz?  That would be lying.  After my wife has her blue passport we will back and forth, part year residents of both countries.  I'm a permanent resident of the Philippines.  There's no reason for her mom to stay here.  All her family is there.

 

As for her suddenly deciding to stay here she was with her sister in Australia 90 days and didn't decide to stay there.

Edited July 8, 2023 by Skyman

[Skyman 289]

3 hours ago, Boiler said:

B2 is a non immigrant visa, she used it to immigrate 

Negative.   She used it to visit.  Covid conditions caused our plans to change.  You may recall reading about the scamdemic and  the ridiculous rules made globally.  If change of status was not an option, why would it be an option?

34 minutes ago, SalishSea said:

Do NOT have her lie.  At all.

I did not suggest that and I resent the implication.

[Boiler 43,925]

3 minutes ago, Skyman said:

Negative.   She used it to visit.  Covid conditions caused our plans to change.  You may recall reading about the scamdemic and  the ridiculous rules made globally.  If change of status was not an option, why would it be an option?

I did not suggest that and I resent the implication.

It is an option VJ has a section just covering adjustment of status, nobody is decrying that possibility.

 

As is often said here intent is decided at the Baggage reclaim. 

[Skyman 289]

23 minutes ago, Boiler said:

As is often said here intent is decided at the Baggage reclaim. 

Never seen that before.  In our case, the intent at reclaim was still a visit.  We had return flights.  Those were cancelled by the airline.  That, along with constantly changing rules as to who could enter the Philippines as well as how (Quarantines, Vaccines, forms, etc.), were what made our decision to change status and stay.  Covid changed a lot of people's plans.  But we aren't here permanently.

[Boiler 43,925]

4 minutes ago, Skyman said:

Never seen that before.  In our case, the intent at reclaim was still a visit.  We had return flights.  Those were cancelled by the airline.  That, along with constantly changing rules as to who could enter the Philippines as well as how (Quarantines, Vaccines, forms, etc.), were what made our decision to change status and stay.  Covid changed a lot of people's plans.  But we aren't here permanently.

You can hopefully see the confusion, you are not here permanently but your wife applied for Legal Permanent Residency.

[discoverusa 237]

Nothing wrong with MIL wanting to visit her new grandchild. She should just reapply and see what happens. 

 

My Mom got her tourist visa after a very quick interview back in 2015.

 

Good luck!

[Boiler 43,925]

Yup, no harm reapplying.