Hello VO,
I was refused a B1/B2 visa on 21-May under 214(B) and I want your candid advise on what I did wrongly.

At the invitation of the VO, I approached the window as she says;
VO: Hello, added my name
Me: Hi, and how are you doing today
VO: Fine, where are you travelling to?
Me: I'm travelling to see Florida to see my wife.
VO: What does your wife do in Florida?
Me: My wife is a student and an F1 visa holder
VO: What school does your wife attend in Boca?

At this time, I had a sense that she was also see my wife's profile, because see mentioned the city where my wife school is.

Me: She attends XYZ university in Boca Raton
VO: What course does she study?

So, my wife got into in Dec 2017 to start a program on MBA which started on January 2018. During her courses registration, her department allowed her to register only one major (4-unit course) in the spring semester of 2018 and the rest courses were GMATs. And as a foreign student, she is mandated to take at least 12-unit courses to qualify for health insurance registration. With just 4-unit course and the weightless number of GMATs course, the health insurance companies approved by the school couldn't accept her. It became a bigger problem when she couldn't be allowed to register for the Florida drivers' license for the same health insurance issues. This semester was already half-way and the University kept reminding my wife that they were still waiting for her to submit her health insurance. It became very frustrating that my wife had to schedule a meeting with her course adviser for a way forward. During the conversation, the adviser offered to my wife that she can change her course, under the prevailing circumstance and continue her education. My wife changed to Nursing, despite having first degree in Accounting, because she had a passion for care.

Me: I recounted the above story.
VO: Which means your wife didn't register in the school since she couldn't surmount the Health Insurance problem
Me: No she registered. I'm not sure you understood me clearly, let me go over it once more, because I paid a whooping $10,750 for this GMATs program.
VO: she nodded in acceptance that I should recall the story
Me: I recounted again
VO: And she's with the kids
Me: Yes, Because I do offshore work, we agreed that the kids will go with her. Moreso, the kid's are US passport holders
VO: Why did you not apply for an F-2 Visa

Me: At the time my wife was issued with an F-1 visa, we both had a B1/B2 visas that was issued about 4months earlier. And as her sponsor, I live and work here in Nigeria and I have a great job here in Nigeria that is paying her bills (apart from the school fees which ranged between 4k$ -6k$ per semester, I spent $18k yearly on rental and 12k$ on feeding, and an unquantified amount on children afterschool care, utilities bills and car services). Secondly, my understanding about F-2 visa is that I will most likely go stay with my wife in the US as a dependent which I don't want to do because I have a fascinating job here that I enjoy doing and the job pays well, in order words, I didn't apply for the F-2, so I don't create the impression that I would leave my job and travel with my wife. And finally, I do not think that I can do official trips with an F-2 visa as I do travel for my company Factory acceptance test (FAT) as an when due.

VO: You spent 19weeks during your last visit

Me: You're right Madam and it was not deliberate. I couldn't travel the whole of 2020 because of the pandemic (VO nodded). So once the lockdown was eased, I was able to book a flight and travelled in late October 2020. And just within three weeks of my stay, I received a memo from my office that the offices will be closed because of the Second wave of the pandemic and stated further that we're expected to stay at home and work from home until further notice. So this 19weeks is a one-off, though still within the 6months that homeland allowed me to stay in the US at the point of entry. Then I buttressed further, that she can look back at my 13years of travel history to the US, I have never flouted immigration laws and that the maximum I had stayed is 6weeks and typically, my trips are between 3-4weeks, until this last trip

VO: Nodded, and never asked for any evidence of funds and kept typing on her computers and threw my passport back at me with a green leaflet (refusal under 214(B) letter) inside and said, this time around, I will refuse you the visa

Me: Does it means I can't see my wife
VO: Read the letter under your passport.

The interview was over.

Now, I can't abandon my family in the US because of this setback, which mean I would have to reapply. And I need your candid guidance on how to navigate my next interview and I also need to know what went wrong? My wife just finished her Nursing program this 20th May, just a day before my interview. But I still classified her as a student at the time of the interview, despite the fact that she has finished a day earlier and have also applied for OPT in more than a month ago which is yet to be approved. Is my refusal because of any or all of the following?

1) Stating that my wife was still a student, yet she has applied for OPT?
2) Was it because I spent 19weeks in my last visit? I expected that everyone was aware of the devastation caused all around the world by the pandemic.
3) Is it that I applied for the wrong visa class?

Appreciate your good work, thanks

The interview was okay bro. Let me tell you this, overstaying your last visit was probably the main cause.

The US consular don't really care about your story with the COVID-19, they believe your intentions were to immigrate, remember they treat all applicants as intending immigrants.

They are more strict with visas than before. You can reapply with more info but don't change anything in your previous explanations.

Apply for F2 next. Since your wife has F1, that is the logical step that would be expected. With the documents that will be sent by the school for your F2 application, you will have less convincing to do during the interview. With F2, you would not need to stay permanently with your wife in the US, you can visit as often as you want and stay as long as you want. It also allows you more flexibility in the US, more privileges than B2. Goodluck

Too much explanation.....

You should have answer her in a simple way.

B1B2 visa won't fly, apply for F2

But spending over 20k usd annually

i don't blame them, our country sold us out long ago

Americans are idi0ts, especially in the south. That unfortunately includes those immigration officers. I'm guessing the officer was a nonblack Hispanic (probably a Mexican with illegal parents).

What you presented is perfectly logical and believable. A sane, intelligent officer would have let you right through.

You should try flying into an airport in the Northeast next time, but not NYC. Then fly to wack Florida.

Also, get recent pay stubs, your rent lease, a bank statement, and even a letter from your employer in Nigeria to prove to the idi0ts that you live and work there, and aren't trying to "sneak" in.

Paaigba:
Hello VO,
I was refused a B1/B2 visa on 21-May under 214(B) and I want your candid advise on what I did wrongly.

At the invitation of the VO, I approached the window as she says;
VO: Hello, added my name
Me: Hi, and how are you doing today
VO: Fine, where are you travelling to?
Me: I'm travelling to see Florida to see my wife.
VO: What does your wife do in Florida?
Me: My wife is a student and an F1 visa holder
VO: What school does your wife attend in Boca?

At this time, I had a sense that she was also see my wife's profile, because see mentioned the city where my wife school is.

Me: She attends XYZ university in Boca Raton
VO: What course does she study?

So, my wife got into in Dec 2017 to start a program on MBA which started on January 2018. During her courses registration, her department allowed her to register only one major (4-unit course) in the spring semester of 2018 and the rest courses were GMATs. And as a foreign student, she is mandated to take at least 12-unit courses to qualify for health insurance registration. With just 4-unit course and the weightless number of GMATs course, the health insurance companies approved by the school couldn't accept her. It became a bigger problem when she couldn't be allowed to register for the Florida drivers' license for the same health insurance issues. This semester was already half-way and the University kept reminding my wife that they were still waiting for her to submit her health insurance. It became very frustrating that my wife had to schedule a meeting with her course adviser for a way forward. During the conversation, the adviser offered to my wife that she can change her course, under the prevailing circumstance and continue her education. My wife changed to Nursing, despite having first degree in Accounting, because she had a passion for care.

Me: I recounted the above story.
VO: Which means your wife didn't register in the school since she couldn't surmount the Health Insurance problem
Me: No she registered. I'm not sure you understood me clearly, let me go over it once more, because I paid a whooping $10,750 for this GMATs program.
VO: she nodded in acceptance that I should recall the story
Me: I recounted again
VO: And she's with the kids
Me: Yes, Because I do offshore work, we agreed that the kids will go with her. Moreso, the kid's are US passport holders
VO: Why did you not apply for an F-2 Visa

Me: At the time my wife was issued with an F-1 visa, we both had a B1/B2 visas that was issued about 4months earlier. And as her sponsor, I live and work here in Nigeria and I have a great job here in Nigeria that is paying her bills (apart from the school fees which ranged between 4k$ -6k$ per semester, I spent $18k yearly on rental and 12k$ on feeding, and an unquantified amount on children afterschool care, utilities bills and car services). Secondly, my understanding about F-2 visa is that I will most likely go stay with my wife in the US as a dependent which I don't want to do because I have a fascinating job here that I enjoy doing and the job pays well, in order words, I didn't apply for the F-2, so I don't create the impression that I would leave my job and travel with my wife. And finally, I do not think that I can do official trips with an F-2 visa as I do travel for my company Factory acceptance test (FAT) as an when due.

VO: You spent 19weeks during your last visit

Me: You're right Madam and it was not deliberate. I couldn't travel the whole of 2020 because of the pandemic (VO nodded). So once the lockdown was eased, I was able to book a flight and travelled in late October 2020. And just within three weeks of my stay, I received a memo from my office that the offices will be closed because of the Second wave of the pandemic and stated further that we're expected to stay at home and work from home until further notice. So this 19weeks is a one-off, though still within the 6months that homeland allowed me to stay in the US at the point of entry. Then I buttressed further, that she can look back at my 13years of travel history to the US, I have never flouted immigration laws and that the maximum I had stayed is 6weeks and typically, my trips are between 3-4weeks, until this last trip

VO: Nodded, and never asked for any evidence of funds and kept typing on her computers and threw my passport back at me with a green leaflet (refusal under 214(B) letter) inside and said, this time around, I will refuse you the visa

Me: Does it means I can't see my wife
VO: Read the letter under your passport.

The interview was over.

Now, I can't abandon my family in the US because of this setback, which mean I would have to reapply. And I need your candid guidance on how to navigate my next interview and I also need to know what went wrong? My wife just finished her Nursing program this 20th May, just a day before my interview. But I still classified her as a student at the time of the interview, despite the fact that she has finished a day earlier and have also applied for OPT in more than a month ago which is yet to be approved. Is my refusal because of any or all of the following?

1) Stating that my wife was still a student, yet she has applied for OPT?
2) Was it because I spent 19weeks in my last visit? I expected that everyone was aware of the devastation caused all around the world by the pandemic.
3) Is it that I applied for the wrong visa class?

Appreciate your good work, thanks

214b denial means you did not convince the VO that you will return to your home country after visiting the US. Very generic. But here is something specific that caught my attention that could be a contributing factor. "I received a memo from my office that the offices will be closed because of the Second wave of the pandemic and stated further that we're expected to stay at home and work from home until further notice.So this 19 weeks is a one off" The possible inference to be drawn from this statement is that you stayed and worked remotely from the US. In general, US tax law states that income from abroad of more than $3000 per year counts as US income (which means that taxes need to be paid in the US). With a B1/B2 visa, you are not allowed to have a US income. I think it all depends on the VO. Some may let it slide, others may not.

Most of all those consultant are psychologist. I think he or she was looking at your body language and most of this psychologist dont like a long answer as you explain to them because there will think that you are desperate to migrate to their country and next time sir pls be more specific and detail when you are ask question and always try to be confidence. I remember when my cousin got his visa to meet his wife and he was ask why are you going the u.s he just smile and said he want to surprise his wife on her birthday and the consultant was just smiling and gave him the visa sharp sharp

Your explanation was fine, but next time you are applying make it more shorter and detailed.
The vo noticed that you over stayed your visa during the pandemic and she was not convinced enough about your verdict.
Until now, you applied to visit your wife, your company is closed down which means you will work remotely from usa, the usa government won't be able to tax your income.
And a probability of you extending your stay and changing your status.

Oh yeah, make sure you also provide banking evidence of financing your wife's education. That's even stronger documentation.

morinto:
Most of all those consultant are psychologist. I think he or she was looking at your body language and most of this psychologist dont like a long answer as you explain to them because there will think that you are desperate to migrate to their country and next time sir pls be more specific and detail when you are ask question and always try to be confidence. I remember when my cousin got his visa to meet his wife and he was ask why are you going the u.s he just smile and said he want to surprise his wife
on her birthday and the consultant was just smiling and gave him the visa sharp sharp

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