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 5,691]

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 48,545]

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 5,691]

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?