Spouse got a 214(b) rejection for B-2 visa -- what now?

[sjrobertson 0]

My spouse and I currently live together in her home country (Uzbekistan). We plan to get her LPR via consular processing and live here together in the meantime. My spouse has never been to the U.S. before, I have some family obligations (a family reunion and a wedding) back home this summer, so I thought this would be a great opportunity for her to visit and meet my extended family. Given her nationality, she needs a visa, and I thought we had a compelling-enough story to overcome the presumption of immigrant intent (at least at this particular time). Apparently not. She just had her visa interview and was rejected due to a failure to demonstrate nonimmigrant intent. As soon as the consular officer learned her spouse is a USC, the interview was over. Apparently our documents from relatives showing we have a specific reason for a temporary visit, our documents from work showing that we both have permanent employment here, and visa from previous trips to Europe, weren't enough to satisfy them. 

 

How am I supposed to maintain my family ties while living abroad if that means choosing between visiting my family, or being with my wife? I had also put off filing her I-130 in the (mistaken) belief that it would harm her (apparently already doomed) application for a nonimmigrant visa. Visa waiver is not an option given her nationality. Are we basically just screwed in terms of being able to visit the U.S. together until her IR1 visa comes through? I'm just so frustrated right now and not sure what other options we have.

 

 

[Crazy Cat 39,279]

If you have exceptional circumstances, you can seek Direct Consular Filing for her spousal visa. That is much shorter path.  As far as your spouse just visiting the US, I see no options. Good luck on your immigration journey.

[OldUser 4,827]

This is a pretty ordinary denial. You described it well in your own words. There's no way she can visit the US until she gets an immigrant visa.

Edited March 12 by OldUser

[millefleur 5,037]

8 hours ago, sjrobertson said:

As soon as the consular officer learned her spouse is a USC, the interview was over.

I used to be the same boat. It's frustrating but the only options are basically wait a year or more and have her apply again or go the immigrant visa route. After that, you can decide if you want to move to the US or you can have her get the GC and then relinquish the GC to show she has no immigrant intent. 

 

It's uncommon and I don't recall any recent threads but I remember some stories of USC's living abroad with their spouse and their spouses only getting approved for a B after 4 or 5 times of applying until they finally got approved (waiting years between applications.) It's purely anecdotal from others who have claimed this worked for them. Re-applying for a B after a short time is fruitless as it will just come across as desperation to get to the US, so waiting a year minimum is recommended.