RetConnOff

2 hours ago, cyberfx1024 said:

I agree with the poster above as well. The way she immigrated to the US has no bearing to her sister and her tourist visa. If she is asked "Why do you want to go to the US?" her answer should simply be "I am visiting my sister, or I am visiting my sister and her husband". 

that will not be the only question she will be asked...the more important follow up questions will deal with why the sister would return to the PI...an invitation letter will not add anything positive to her case (as has been said over and over and over again)....is the sister working, if so, for how long, doing what....and other questions may follow...

not necessarily true....if a family member uses a B2 visa and a mind change to gain access to the US for unrevealed purposes, it may have a bearing on other family members...when one FM figures out the loophole, it won't be long before that information is passed....the COs are there to determine credibility,,,not from papers, but from a variety of sources...a person who goes through the normal/proper channels was perceived (by me and others I trained) suggests that other family members will be more prone to do the same...remember, we only had 3-4 minutes to assess an applicant...214b is a rather malleable law to apply...since there was not time to completely background an applicant, other information regarding visa compliance, telling the truth, etc., by other members of the same family was useful info...(I forgot to look at the timeline)...the fact that the OP appears to have followed the basic path to marriage/LPR/citizen is a good thing...it does not make the sister's case an instant approval, but it may add a little equity to her case.

how did you acquire US citizenship? Via marriage to a USC? And did that come about via a K1 or a B2 visa? The answer to that question will be important during your sister's interview.

remember, papers (documents) do not and cannot demonstrate/prove intent...the applicant must convince a CO of their intent, not a pile of papers. It was not a mistake to not look at every or any piece of paper...in general, if a case is bona fide, papers might be occasionally looked at to check for consistency in the responses given...and that would be comparatively rare. Any type of document can be, er, 'created' or crafted at home or by some folks who have kiosks outside many of our embassies worldwide...the people manning the kiosks are trying to find customers who will try anything to get a visa....by using fake papers of some kind....not a wise thing to do.

she would likely be better off investing the 100K in the 'business.' Again, I see no changes in her circumstances, only in why she wants to go to the US, not why she would return...and the notion that a Indonesian business plan requires that she eventually get a K1 visa is rather hard to believe....when did Indonesia enact that law?

because the statement, 'I'm gonna open a business' is not even factual nor logical...from where is all the $$ supposed to come after graduating, to open said business? Far too many folks have used the student visa, along with big plans to open up a business (with no money) in order to circumvent the wait time (and separation time) of the K1 visa....why does one need a second degree in something just to open a business? One needs $$$ and a business plan, not a degree.

And with two fairly recent B2 denials, (which meant the COs did not believe she would leave the US), how is this any different? Changing stories is not the same as a change in circumstances....she still has a US fiance, correct? Whatever her alleged reasons for returning (old kid, church) remain the same....so what is really different? Only the reason to GO to the US, not to leave it. This will not be the slam dunk you think it (should) be.

but she can still leave all of that for 4 years, so why not longer? It will be hard to attend church services weekly while in the US....

'helping with the kids' is considered work....and work is not allowed by those in the US on a B2 visa. If she was not there to help, you would have to pay someone to do the job, and by definition, that is considered work...it does not matter if she is a relative...there are NO exceptions.

and why is it she will return instead of marrying you and staying? Why does she need a second degree? Those and other thoughts will be on the CO's mind, as this looks more like a way to circumvent any wait times of a K1 or I-130...

she will have a tough time getting a tourist visa, with her main family in the US and having missed the K2 boat....don't be surprised when her application gets denied.

there is no legal requirement that an applicant must fund their own trip, but...it does create doubt in the CO's mind that the applicant, being short on dinero, might be motivated to work illegally, which is an integral part of 214b....it's  not just that we might not believe that an applicant would leave the US, but also that they would not seek unauthorized employment while in the US...and a young applicant lacking resources is a strong favorite to be looking for work once admitted to the US....especially with the help of their relative or 'friend.' Saw this constantly....If an applicant said they would pay their own way, often that meant exhausting their entire life savings for a two week visit...which makes NO sense...none...so, denied....if an applicant lacked the resources to pay their own way and have some $$$ leftover, then maybe..but if their 'friend' or relative was paying the freight, then whatever job the applicant had must pay terribly and thus the job itself is not a reason to return...it may well be a catch-22. but that's the rules....if the CO does not believe that the proposed trip makes sense, then by law the application is supposed to be denied....no matter how many tears might be shed by the applicant...or no matter how 'outraged' their American BF may become....that's life in the world of U.S. visas....

dental assistants are no doubt, skilled....but no BA is required, and the US is chock full of dental assistants....there is no shortage of same....(but many ethically challenged immigration attorneys would draft a letter to the contrary, because,...after all, immigration attorneys are a sleazy bunch, ready to sell out the American worker for $400 an hour (in billable hours)....sorry, an H2b is for unskilled labor, an H3 is for trainees, not a visa category designed to work while allegedly being trained...(and H3 visas are virtually self-refused.....if there is no available training in the applicant's home country, then where is the job in their country? So why do they need to be trained for something that is allegedly nonexistent in their own country? Answer: baloney....they will never return....Over the span of more than 20 years, I have never approved a single H3 visa....because they make no sense....if one pays attention to the law governing these visa types...for most applicants, I posed one simple question...."have you gone to every single company in country X and asked if they would provide training?'...The answer was always 'no'...but my lawyer said.......at that point, I denied their application and told them...please provide irrefutable proof that there is no company in the entire country in this field (whatever it was) that cannot provide the training...'....often the reply was..'but that could take me years..'...true....but then, I need proof that no training is available in your country, and I do not have to take the 'word' of some ethically challenged immigration attorney as to that alleged 'fact.'...Oddly, I never encountered any H3 applicant who had knocked on the door of every company (in a particular industry) in their country who then wrote the embassy stating they could not provide training....the entire H3 program is a joke, and is often exploited to catch sleepy COs....fortunately, I was not asleep at the window....ever....

the two year rule does not apply to those seeking an F1 visa....

As ConOff said, invitation letters are mostly considered to be 'fluff' by COs...they have no value (though many people think they have some), and are really just a piece of paper to 'hmmm' and 'haw' over....

A CO is NOT legally bound to tell an applicant why they did not overcome 214b, because we are not in the business of 'coaching' applicants for a future application....the generic refusal reduces the chance of arguments and does not draw some sort of road map to success (i.e., getting the visa) that people could latch onto....it is best to end the interview with a question whose answer makes no sense (in order to avoid arguments)...if I have (had) decided to refuse an application, my last question would be something bizarre, like, 'what color is your car?'....an applicant is surely not going to go out and have their car repainted......but, if the last question asked pertained to their bank account, then after being denied, a lot of those applicants would go out and have a fake bank doc made, showing some larger sum of money in the bank, not realizing that we could see through that silly charade....or, their relative would call or write soon thereafter, claiming we were discriminating against poor people....but...who can argue about the merits of the color of one's car?(or washing machine....or sofa??)

It will be three years before the OP can gain US citizenship...(after marriage)...

check with the embassy...they may allow her only if they ask, or have some other rules/protocol....

be careful, however, when not volunteering information that one fully answers the question asked...because giving partial answers can easily give the appearance of evasiveness....responding to a question with a question (other than, 'can you please repeat that?') will also cast doubt upon one's credibility....honesty, openness work better than trying to memorize answers, or worse, try to outwit the CO....

An invitation letter is (a) not required of any B2 applicant) and (b) is neutral at best. As I mentioned before, an invitation letter only purports to outline the reason why someone wants to GO to the United States; it has no value whatsoever as far as making any binding representation on the part of the author as to why the applicant would DEPART the United States. An invitation letter that makes grandiose promises of support, 'paying for everything' and 'making sure that he/she will not be a burden on the U.S. taxpayers' only serves to underline the fact that a support system is already in place.....in the United States..   should the applicant change his or her mind about going home. Thus, it may do more harm and certainly does no good at all.

1 minute ago, Laís Cunha said:

Actually they didnt ask too much, They only asked the purpose of the trip, The city they are planing to visit in usa, if my father Works and what he do there, And if they have some son or daughter And if live here in brazil.

 

sounds a bit odd...surely they must have mentioned your current status....did your parents say they were going to visit for months? Perhaps they were uncertain and that can often give the appearance of evasiveness...did they mention that you were planning to get married in the US?

Requests for tourist visas normally originate from the applicant(s)...no one can apply for another (minor children excepted, if applied for by their parent), and as you will come to learn, either by experience or reading, no one can 'guarantee' compliance with our current visa/immigration laws on behalf of someone else.

Not sure what went sideways during your parent's interview....perhaps you might review what they were asked and what they said (or didn't say) to try and shed some light on the situation....other alternatives, the worst of which would be hiring an immigration attorney (who has NO authority over the visa adjudication process, BTW); writing a congressman/senator (they have no authority over CO decision making either) or attempting to call the embassy directly,  will by and large be futile.

Best for the parents to look over their current situation, think about what was asked and answered and go from there.

the bank accounts of friends or relatives of visa applicants mean nothing...a CO does not care about how big their house is, how many cars they own, what college they may have graduated from or whether they are self proclaimed 'honest and law abiding 'people...and the I-134 is (a) not legally enforceable and (b) not a requirement for any visa applicant  except, oddly, K1 applicants)  to present during their interview, and (c) there is no legal basis that can force a relative or friend to pay for costs of a trip by a B2 visa holder. Saying it does not legally bind the person making such a statement. Invitation letters only explain (sort of) why the applicant wants to GO to the United States; it carries absolutely no weight whatsoever explaining or promising why the applicant would depart the United States after their visit is concluded.

I am not sure why so many people believe otherwise. No one in the US, save for ICE agents, has any legal authority over someone who has been admitted to the US as a visitor for pleasure (or any other visa category,for that matter), and so any promises made in an invite letter that 'I will make sure that he/she leaves' have no value because of the lack of legal authority to make anyone do anything...no one can force another person to leave the country, much less board an airplane!

It comes down to the perceived credibility of the applicant....as well as, to some extent, the reasons that applicant may have that would compel them to depart the US when it's time.

Experience has been a good teacher.

a denial from 20 years ago may show up in their electronic data base, but the notes that often accompany such an denial may not be there....and 214b is the usual denial code....it is important not to fudge the answers on the application, because that is often viewed as dishonesty and affects an applicant's credibility - if they lie about one thing, then what else are they 'forgetting' to mention or answer truthfully? COs don't have the luxury of time to spend 20 minutes with each applicant - assessments are made rather quickly.

Remember there is no such thing as sponsorship for B2 visa applicants - they must qualify on their own merits and documents alone will not do the job. With pretty much only distant family at home, but close family in the US, her chances are slim, but not impossible.

Look for a refusal code that begins with ...'INA 235.....' if that appears, one will need an approved I-212...(within the inadmissibility period)