Nervous for my Girlfriend

[TheCat66 1]

My girlfriend just got denied her F-1 visa application based on 214(b) the other day. She already has a valid B-1/B-2 visa, and has had it for about a year. She has entered and left the country numerous times in that year. This time, she specifically left the country after 5.5 months to go for her F-1 visa interview at a US consulate. Now that she has been rejected for the F-1, is there a higher risk that she will have her B-1/B-2 visa revoked after trying to re-enter the country in a short time period after being rejected? She already had the flight back booked when she left for the interview, and wants to keep the same flight and spend the holidays in the US with myself and some other friends. My understanding is that it is basically entirely up to what kind of mood the CBP agent is in when she tries to re-enter the country. 

 

Other relevant information: 

She was an Au Pair from 2019 to 2021

She spent a full year in her home country before getting her B-1/B-2 

She has a job in her home country that is 100% remote. 

Her home country is Mexico. 

For some reason her date of exit is not shown in her history for the most recent 3 trips. 

In her F-1 application she provided the dates of exit, are these in her formal record now? 

 

[powerpuff 5,988]

37 minutes ago, TheCat66 said:

Now that she has been rejected for the F-1, is there a higher risk that she will have her B-1/B-2 visa revoked after trying to re-enter the country in a short time period after being rejected?

Yes. And also because she just spent 5.5 months out of the 6 allowed in the US and is already trying to enter again.

[Boiler 43,764]

She has been working in the US on B status?

[TheCat66 1]

Sorry, I am not sure if I am using the platform right but. 

 

@Boiler No she has not been working in the united states, she has been working remotely from her laptop for her mexican company. She worked in office there for a few months when she was back in mexico, and got promoted and is permitted to work remotely from wherever she wants. 

 

@powerpuff Thanks, seems likely. Is there any kind of formulaic thing to determine if she should wait a certain amount of time before trying again?

[Boiler 43,764]

4 minutes ago, TheCat66 said:

Sorry, I am not sure if I am using the platform right but. 

 

@Boiler No she has not been working in the united states, she has been working remotely from her laptop for her mexican company. She worked in office there for a few months when she was back in mexico, and got promoted and is permitted to work remotely from wherever she wants. 

 

@powerpuff Thanks, seems likely. Is there any kind of formulaic thing to determine if she should wait a certain amount of time before trying again?

 

She spent 5 1/2 months in the US and did not work?

 

You certainly implied she is working remotely.

[TheCat66 1]

9 minutes ago, Boiler said:

 

She spent 5 1/2 months in the US and did not work?

 

You certainly implied she is working remotely.

Sorry if I was not clear, yes she worked every time she was in the US or in other countries 

Just now, TheCat66 said:

Sorry if I was not clear, yes she worked every time she was in the US or in other countries 

Worked remotely, for her company in mexico.

[SalishSea 16,915]

2 hours ago, TheCat66 said:

She has a job in her home country that is 100% remote. 

Doesn't matter, she is still not allowed to work while in the US on a B visa.  Unauthorized work is a quick way for her to get herself inadmissable to the US.  And you can bet that with the F1 denial, CBP will be making notes on her long trips to the US....

11 minutes ago, TheCat66 said:

Sorry if I was not clear, yes she worked every time she was in the US or in other countries 

Worked remotely, for her company in mexico.

She has violated the terms of the B visa, and it should rightly be revoked.

 

If she wants to live and work in the US, she needs an immigrant visa.  She's certainly taking a gamble on her future ability to get a visa.

Edited December 16, 2023 by SalishSea

[Boiler 43,764]

Is she sure they did not cancel her B.

[TheCat66 1]

12 minutes ago, SalishSea said:

Doesn't matter, she is still not allowed to work while in the US on a B visa.  Unauthorized work is a quick way for her to get herself inadmissable to the US.  And you can bet that with the F1 denial, CBP will be making notes on her long trips to the US....

She has violated the terms of the B visa, and it should rightly be revoked.

 

If she wants to live and work in the US, she needs an immigrant visa.  She's certainly taking a gamble on her future ability to get a visa.

I thought the B-1 visa allowed for trips for business purposes as well? She had the job when she originally got the visa, and used the remote working capability as her proof of income to fund her living expenses while traveling. 

 

15 minutes ago, SalishSea said:

Doesn't matter, she is still not allowed to work while in the US on a B visa.  Unauthorized work is a quick way for her to get herself inadmissable to the US.  And you can bet that with the F1 denial, CBP will be making notes on her long trips to the US....

She has violated the terms of the B visa, and it should rightly be revoked.

 

If she wants to live and work in the US, she needs an immigrant visa.  She's certainly taking a gamble on her future ability to get a visa.

 

[SalishSea 16,915]

Just now, TheCat66 said:

I thought the B-1 visa allowed for trips for business purposes as well? She had the job when she originally got the visa, and used the remote working capability as her proof of income to fund her living expenses while traveling. 

 

 

"Business purposes" means attending a class or conference related to one's job or profession.  It doesn't mean living in the US for 6 months and working remotely.

 

So she told CBP she'd be working while here, and supporting herself that way?

 

Since she just had one nonimmigrant visa denied for immigrant intent, I'd be very surprised if the B hadn't also been revoked.  And yes, CBP has access to consular notes.

[TheCat66 1]

13 minutes ago, Boiler said:

Is she sure they did not cancel her B.

Fairly sure, according to her they never even discussed her existing b-1/b-2 visa.  I think it would have been pretty clear. According to her they just said “unfortunately you are not currently eligible for this visa” and handed her the standard letter that explains 214(b)

[TheCat66 1]

1 minute ago, SalishSea said:

"Business purposes" means attending a class or conference related to one's job or profession.  It doesn't mean living in the US for 6 months and working remotely.

 

So she told CBP she'd be working while here, and supporting herself that way?

 

Since she just had one nonimmigrant visa denied for immigrant intent, I'd be very surprised if the B hadn't also been revoked.  And yes, CBP has access to consular notes.

Would the B have been revoked without some sort of formal notification or requesting she hand in her passport so they can stamp canceled on it?

[Boiler 43,764]

Hmm sort of surprised as the DS 160 would have given the game way.

 

As you said it will be a roll of the dice 

[millefleur 5,039]

The old adage applies: Don't ever book flights until the visa is in hand.

 

Not sure how it works with B visas, but we've seen cases of ESTA being revoked here and the person didn't know until they applied and got rejected.

[MaxP22 169]

She should be prepared to be denied entry and sent back on the next plane home and rightly so.

 

She is basically using a tourist visa to live and work in the USA.