Visitor Visa Refused in June 2012 for Wife, Can she Re-Apply? Any chances Peace999 ?

[Helpneed]

Hello all,

Here's the Background, I live in India (Bombay) , Am into a business (Income is 1.46 Cr, and my personal income from it is 18 Lac), I have had Multiple Visitor Visa's (B1/B2), My wife is from 3rd Country, but she was in the US on Student's Visa which was to expire in November 2014, but in 2011 we got Married in US and she moved to India with me. (She did NOT overstay her Visa or anything)

We applied for her in June 2012, she was refused under 214(b), Personally it was a big shock but then did not matter much so did not bother re apply. Now we intend to go to the U.S to meet my sister and her brother, Both are Green Card holders, and if we Apply in Mumbai do you think she will get it or should I not even bother?

Also one Question which I am seriously confused about is, There is a question on DS160 which says, "Are you applying in the same country where the visa above was issued and is this country your principal country of residence?"

What Must I mention cause since 3 years she is living LEGALLY in India, so this is her Principal Residence, but the previous Visa was issued in another Country? I even emailed the US Embassy but they gave me a generic answer saying thats something I have to decide, I found that a little absurd considering how do I decide a Yes / No on a dual question ?

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Some Extra info, if it matters,

1. Her Income is 70k a month (after tax in India) (She is legally 25% stake holder in my business)

2. She has done her MBA from the US ( She also did her CPT there while studying)

3. We have travelled quite a lot from the time she is in India, in last 18 months her Passport has 2 U.K Visas, 4 Schenzen Visas (Swiss, German and 2 Italy), and a few South East Asian stamps which were just casual holidays for F1 Races etc.

4. We plan to write 3 weeks as travel time, and reason is going to be Meet her Bro and my sis.

5. I have travelled to the U.S over 15-16 times since 2001 and most trips have been 2-3 weeks only. My existing U.S Visa expires in 2021.

Thanks again,

[peace999]

I think she should apply again and I wonder why she was denied in '12.

Can you post the salient features of the interview whatever she can recall?
I know it has been a year but the reason for denial can usually be found in the
interview Q and A.

If she does not recall anything; what was the purpose she applied for?
was she accompanying you on a business trip or was she going alone?
What was the duration of stay she mentioned? Who was payiing for her trip?

*Is she in India on a spousal visa? What country is she from and where did she procure all the european visas?

The question you mentioned is confusing but she can answer NO.
In the second part " is this country your prinicipal residence" can mean ' is the visa issuing country your
principal residence?'.

[Helpneed]

Peace999,

Thanks for replying, Infact when the denial happened I did waste some of your time on PM, and you were always helpful, sadly all those messages have got deleted.

Coming to your questions, here is more info I still have the form I filled,

1. She is from Nepal, She got all her EU Visas and UK Visas from Mumbai, India. She does not need a Visa in India, and she is paying taxes, has a PAN card and an Indian Drivers Licence.

2. All her questions and answers are below,

Q. Why are you going to the U.S?
A. Meet My brother
Q. How Long will you stay?
A. For 2 Weeks (This was an honest reply and the real plan of the trip)
Q. Who will pay for the Trip?
A. Husband.

And that's all and she said I can't issue you a Visa I am sorry, and she was given a 214(b) Letter,

Some more background on the forms if you need,

We filled her occupation as a 'House Wife' because she was taking a year off work when we got married, (Tried to be honest)
We wrote who will pay for the trip as 'Husband' , I thought nothing wrong in that? Funny part is a week after denial, I applied for our UK Visas with similar information and also mentioned about her US Denial and it was issued without any problem.

Who will she travel with? We wrote with me, on a holiday and the plan was to spend a few days in Vegas all of us, me my sis her bro etc.

Have no idea if I should apply or will it again just be a waste of energy as honestly I do not know where I went wrong the last time but maybe some of the experts here can shed better light?

Thanks again,

*Is she in India on a spousal visa? What country is she from and where did she procure all the european visas?

The question you mentioned is confusing but she can answer NO.
In the second part " is this country your prinicipal residence" can mean ' is the visa issuing country your
principal residence?'.

[peace999]

The reason I can think of here is her brother being in US as a PR , so
the officer thought she and you may try to settle there with her help .

Several people become successful on repeated attempts when really
they should be approved.

So, she must try again. You can show her as working this time .
If they ask, she can say she started working one year ago.

[Helpneed]

Thanks peace,

Do you think I can write she can self sponser considering her monthly income after tax is 70k Inr?

Is 3 weeks travel time enough to write?

For her occupation can I write business because she is now legally a part of our company?

Any other pointers? I wanna be as honest as possible cause I have no idea on what her rejection was based on the previous time, I have had a travel agent tell me that she got rejected because she is not allowed to apply from India but turns out that is not true.

Thanks again

The reason I can think of here is her brother being in US as a PR , so
the officer thought she and you may try to settle there with her help .

Several people become successful on repeated attempts when really
they should be approved.

So, she must try again. You can show her as working this time .
If they ask, she can say she started working one year ago.

[peace999]

3 wks wks seems good as you will show her as working in your business.
It is better she applies to travel with you during christmas as it seems more natural.

She can show you are spending ,as you have better income and you are also traveling.

Even I cannot figure out why she was denied, she had everything in her favor.