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B-2 refusaed - seeking alternative for girlfriend to visit me in USA

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  • B-2 refusaed - seeking alternative for girlfriend to visit me in USA

    Hello "immihelper" and companions of visa adventures...

    I need some advise for helping my girlfriend (gf) from Italy to come visit me for a period of time. I'm Italian too and permanent resident of USA (EB2 GC) since 04/2013. My gf has a valid ESTA expiring in about 1 year however she applied for a B-2 visa to allow her to stay longer than 3 mths allowed by the ESTA.

    Today she had the interview at US embassy in Rome but she got the B-2 visa refused under Section 214(b).
    Apparently the reason for that is because we disclose our relation and I was sponsoring her for the time she would be here. I wrote an invitation letter and even filled out Affidavit of support I-134 for her. Although we were honest and we have no intention for her to stay longer than the allowed time (6 mths max) I believe we should have not disclosed our relation. This seems to rise a red flag on her intention to return to Italy. Especially because at the moment she is not studying or working.

    For what I understand, it seems that with this kind of refusal, even the current ESTA is affected and she is at risk to be sent back if she try to enter the states under VWP. I feel so bad I did not search further on this type of visa... which can be really tricky.

    We are now exploring any possibile alternative we have left and a plan of action that would help her to legally enter the states. I have to take a major heart surgery in December and I would need to have her on my side at least for some months. Any suggestion would be much appreciated. Thank you all.

  • #2
    That is going to be tough... She has already been denied and they will be able to bring up the documents submitted if she goes for another appointment. regardless of intentions she is going to stay with her boyfriend who is already an immigrant. You can say she is going back until you can't say it anymore, but she is human and could always have a change of heart, or you could marry her while she is here... Especially with her not working or studying... what ties can she prove to her home country? The IO is looking at all possible outcomes... You can always have her re-apply and hope she gets a different IO... but I say her chances are pretty slim... Wishing you well on your upcoming surgery and I hope she is able to come tend to you.
    Last edited by PryncissQueen; 10-26-2016, 04:20 PM.
    Just my opinion... Use at your own risk...

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    • #3
      Originally posted by PryncissQueen View Post
      That is going to be tough... She has already been denied and they will be able to bring up the documents submitted if she goes for another appointment. regardless of intentions she is going to stay with her boyfriend who is already an immigrant. You can say she is going back until you can't say it anymore, but she is human and could always have a change of heart, or you could marry her while she is here... Especially with her not working or studying... what ties can she prove to her home country? The IO is looking at all possible outcomes... You can always have her re-apply and hope she gets a different IO... but I say her chances are pretty slim... Wishing you well on your upcoming surgery and I hope she is able to come tend to you.
      Thanks PryncissQueen for answering. Well, she is not currently working or studying and this was not on paper during IO interview... but she can have a friend in home country hiring her so she can proof employment ties. Also she can enroll in a school or university course to proof additional reason to come back. Cannot think about other strong tie to home country at this time. Could this be of help along with the fact that she lives and assist her family?
      I'm still puzzled, if she had not intention to come back home, she would not have risked and applied for a B2 visa, she would have jus used her valid ESTA to come to USA. The B-2 was intend to her to assist me during the surgery post recovery and to have the occasion to know each other. She was here for other two times under ESTA and she went back to home after max 3 weeks even if it was hard to say bye all the times. It seems that love doesn't help all the times. So sad!

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