My parents-in-law recently visited New Delhi Consulate for B2 visa interview recently. The visa was refused under section 214(b), without any further explanation. It is unclear how any of their responses indicated immigrant intent. Both of them are retired teachers, and are well off with good income (pension and rental income) and high value property assets. They would have borne all expenses for the trip and they had indicated so in DS-160. But none of that was asked.
The interview was in Hindi (appointment in Hindi) and an interpreter was present along with the Visa Officer. Here are the questions, translated in English.
Interpreter (to Father-in-law): Why do you want to go to US?
Father-in-law: We want to see some places and want to visit our daughter and son-in-law
Interpreter (to Father-in-law): What do you do?
Father-in-law: Retired teacher
Interpreter (to Father-in-law): When did you retire?
Interpreter (to Mother-in-law): when did you retire?
Interpreter (to Mother-in-law): What was your surname before marriage?
Interpreter (to Father-in-law): How many children do you have?
Father-in-law: Two children, one daughter and one son
Interpreter (to Father-in-law): What does your daughter do?
Interpreter (to Father-in-law): Where does your son-in-law work?
(It is among the top five US tech firms in terms of capitalization)
Interpreter (to Father-in-law): XYZ?
Father-in-law: Yes, XYZ
Interpreter (to Father-in-law): How long has he been in US?
Father-in-law: For 6 years
Interpreter (to Father-in-law): Why do you want to go now after him being there for 6 years?
Father-in-law: My son-in-law has been there for 6 years but my daughter went after marriage in 2005. They visited us 2 years ago and now we want to see them.
Interpreter (to Father-in-law): Show me your daughterís passport
My father-in-law showed a copy of my wifeís passport along with all the immigration papers arranged together with proper tabs. This set also included copy of my passport. VO skimmed through the first few pages (that were pages from my wifeís passport) and then stopped at a particular page. She kept looking at that page, then pressed her finger against it, as if to emphasize something to herself.
VO: According the our law, we cannot grant you a visa. Please refer to this booklet for further information (handing back passports and a booklet)
This is really confusing for us, since we couldnít see a problem with what my parents-in-law said or presented. When my father-in-law described to me the page VO was looking at in the end, I realize that it was an expired H4 visa on my wifeís passport. Since itís expiration 3 years, a whole bunch of things have changed and I attached documentary evidence for all of them:
1. We had extended her H4 3 years ago, and the approval noticed was attached
2. The H4 extension (from #1) is expiring this year and a receipt notice for further extension was attached
3. An AOS had been filed for my wife, and a receipt notice for I-485 and all APs were attached
It is hard to believe that a VO would not go through the immigration documents properly.
Any expert opinion on what went wrong, what could be changed or when we could reapply? Thanks