B1/B2 reapplication after 214(b) refusal – U.S. citizen spouse

[Quincy22 0]

Hello everyone,

 

I am a U.S. citizen and my wife and children reside in Serbia. My wife and older daughter were refused B1/B2 visitor visas about 3 years ago under INA 214(b).

 

We are considering reapplying and would appreciate feedback on whether our circumstances have changed enough to justify a new application.

 

Current situation:

 

• My wife has been employed full-time for 8 years on a permanent contract (approx. $1,000/month).
• We now have two children (almost 4 years old and a 5-month-old baby).
• Our older child is enrolled in kindergarten in Serbia.
• My wife and children live full-time in an apartment in Niš (owned by me).
• I am a U.S. citizen and currently spend more time in Serbia due to the new baby, though I also maintain U.S. ties.

 

 

Planned trip:

 

• Purpose: tourism only
• Length: 14 days

 

 

Questions:

 

1. In your experience, do these factors materially improve the chances after a prior 214(b) refusal?
2. Given the U.S. citizen spouse factor, is a repeat refusal still likely despite the changes?
3. Would you consider reapplying reasonable, or is an immigrant visa the more realistic path at this point?

 

 

Thank you for any insights.

[appleblossom 5,692]

You say you spend more time in Serbia ‘at the moment’, do you live/work there? 
 

I think their only chance is if you can show you live/work in Serbia so you just want them to accompany you for a short visit to your home country. 
 

 

[Quincy22 0]

I’m a U.S. citizen and self-employed, and I split my time between the U.S. and Serbia. I’m currently in Serbia due to our newborn, but my work remains U.S.-based.

 

My wife and children live full-time in Serbia, where my wife has long-term employment and our older child is enrolled in kindergarten. The trip would be a short, clearly defined tourist visit, after which they would return to Serbia.

[Boiler 48,548]

We’re you born in the US?

 

Do you hold other citizenships

 

Why are the children not USCs

 

You donor need a justification to apply for a B

[appleblossom 5,692]

1 hour ago, Quincy22 said:

I’m a U.S. citizen and self-employed, and I split my time between the U.S. and Serbia. I’m currently in Serbia due to our newborn, but my work remains U.S.-based.

 

My wife and children live full-time in Serbia, where my wife has long-term employment and our older child is enrolled in kindergarten. The trip would be a short, clearly defined tourist visit, after which they would return to Serbia.

 

If you work in the US and that's where you're domiciled, I think their chances are low, but give it a try. 

 

And agree with the question above, are the kids not USC's? 

[TBoneTX 48,986]

A good travel history is also a positive factor.  Has your wife left Serbia for any other country and returned?  If not, and if circumstances permit before reapplying for a tourist visa, doing so can only help.

[JeanneAdil 7,432]

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality Act (INA) and other immigration laws. Some ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases. Other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security. Learn about waivers of ineligibility.

 

she has not overcome the reasons for denial

apartment is owned by USC husband

job can be left behind

child in school  and the child can enter school here in the US 

Her ties to the US with US husband helping to support (apartment and family) make her ties to US stronger 

 

Do the CBRA for the kids if you haven't and petition for your spouse / you can stay as your are now while waiting for the I 130

you certainly have strong ties to show a bona fida marriage 

Best to you and your family