B2 Visa Declined

[appleblossom 4,411]

6 hours ago, Rich&Ashmani said:

She was just at my house basically watching my kids (her nephews) the whole time while Mrs and I were at work. Very boring. Nothing exciting. 

Then that’s why they said she abused her visa. She was in effect working illegally - as said above it’s a job that she took from a USC, even if she wasn’t paid to do it then somebody else could have been.
 

So that coupled with trying to enter the US when she had a ban in place means there’s no point in reapplying for another visitor visa this soon. Leave it a good few years then try again. 
 

In the meantime, your wife might want to petition her sister for an immigrant visa, if you think there’s any chance she might want to move permanently in the future? It’s a long old wait and her past history shouldn’t impact that so I’d get the I-130 submitted asap even if you only think there’s a small chance she’ll want to move at some point. 
 

Good luck. 

Edited June 26 by appleblossom

[Dashinka 25,854]

6 hours ago, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

Right, so you saved approximately $20k (26 weeks times $800 minus the one time $600) in daycare while she was here.  Sounds like she was definitely working and abusing the terms of her B2 visa, and more than likely when she made the comment "watching her nephews" at the interview, that was the point the CO made the decision.

 

Good Luck, but I agree with the others, she is not likely to get a B2 anytime soon, if ever again.

[Unlockable 7,322]

6 hours ago, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

 

Some of the posters in this thread have been on here for many years. Some, I would say over a decade. And we can confirm that what you stated is perceived as working. There have been posts like yours of people visiting and helping their family with kids in the US only to be later denied entry or having their visa revoked for working. 

Your sister did not have to be directly paid by you for it to be considered working. In fact, if you think about it, you provided her with room and board for half a year. That can be perceived as a form of payment in lieu of money. 

 

America is very expensive to live in. And I would even say it was very American of you to seek cheaper options for something that is pricey. However, when it comes to immigration, you have to make sure you know all the rules and nuances involved. 
 

I agree that your sister will likely not get another visa, at least for the time being. She can still get an immigrant visa later if she chooses to want to live in the US. However, it will take about 15 years to complete.

 

Please continue to use this forum for any other question or concerns you may have. Many of us can say we have just about seen it all. If you have other family that are visiting, feel free to ask about common Dos and Don'ts.

[Dashinka 25,854]

36 minutes ago, Dashinka said:

Right, so you saved approximately $20k (26 weeks times $800 minus the one time $600) in daycare while she was here.  Sounds like she was definitely working and abusing the terms of her B2 visa, and more than likely when she made the comment "watching her nephews" at the interview, that was the point the CO made the decision.

 

Good Luck, but I agree with the others, she is not likely to get a B2 anytime soon, if ever again.

Oops, poor math, more like $36k saved.

 

[mam521 2,507]

9 hours ago, Rich&Ashmani said:

She was just at my house basically watching my kids (her nephews) the whole time while Mrs and I were at work. Very boring. Nothing exciting. 

Google "benefit in kind".  That is what she did and you allowed her to do.  The unfortunate reality is the totality of the circumstances mean she's very unlikely to secure another tourist visa.  

[Rich&Ashmani 8]

Thank you all for the replies and information! Of course I did not mean to violate any laws or rules or agreements. Seems that I may have inadvertently done exactly that 😞 I do greatly appreciate all the help and support!

[SalishSea 18,462]

On 6/25/2025 at 10:26 PM, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

Exactly.  So a USC/LPR does not earn the money you would have paid for childcare, because your relative is doing it for free.  That is a flagrant abuse of the B visa terms.  That, with an overstay = very unlikely she will ever get another nonimmigrant visa for the US.