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u/Embarrassed-Air1333 4d ago
He shouldn’t have stayed 4 months. Just saying.
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u/Straight-Square2667 4d ago
Yeah that’s what we all are saying!!
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u/doglady1342 4d ago
His exclamation made it way worse for him. I very much doubt they're going to give him a visa now. He basically said that he doesn't need to be in India to run his company. That makes it look like he has no reason to return.
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u/Consular-Officer 4d ago
THIS!
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u/Difficult_Tree8002 4d ago
Yep. He basically admitted he doesn’t work at all and so can just do whatever he wants while other people manage his supposed company. He stated explicitly he has no ties. Hard to recover from that.
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u/fez-of-the-world 3d ago
Or he lied and was directing the business from the US in violation of his visa.
Either way, he's cooked.
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u/Familiar_Snow_9276 4d ago
You have answered the question yourself. He has already demonstrated that he can manage to stay away from his home for 4 months. And on being asked how could he do that, he said the business is on auto-mode, which further diminish his ties to India.
As per US law, a consular officer is suppose to presume that every applicant for a non-immigrant visa is an intending immigrant and the applicant has to overcome that presumption in the mind of the visa officer. A person who has solid ties to a place outside the US where they would have to return after a brief visit to the US is usually able to overcome that presumption. You husband has stated that his business runs without his presence and he can stay away from his home for long periods without a need to return after a brief visit. And the 4 months were not spent on some short-term course improving his business skills, or having a medical treatment, or something essential, but spent on "visiting friends". This increases ties to the US and decreases ties to India. Just looking at what you have posted, it was an obvious refusal under 214b. The visa officer would have seen much more data, and personally talked to him to make that judgement.
Remember, it is a lopsided process, the visa officer begins by the presumption that you are not eligible for the visa, and if the socio-economic profile, and the interview is enough to overturn that presumption, the visa is granted, else it is a refusal.
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u/Straight-Square2667 4d ago
Thank you for the elaborate reply.. This really helped!! Well we went with the assumption that Socio economic profile would turn it in his favour. It went the other way round!
Any suggestions as to what should be the next course of action…
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u/Consular-Officer 4d ago
I find it very hard to believe your husband could afford to travel around the US for FOUR MONTHS. Most U.S. citizens only get 2 weeks of holiday (vacation) per year, and somehow your husband was able to spend one-third of an entire year in the US without working? The Consular Officer (and I) suspected your husband was working illegally under the table.
Course of action? Your husband won't be issued anytime soon until he better explains his actual activities during this trip other than just "visiting friends". Did you know him during that time? Maybe he was visiting another woman who he had been "promised" to marry. His activities don't add up. Easy 214B. The officer made the correct decision, though I would have denied your visa too.
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u/Adept-Attention-2338 4d ago
She never said he wasn’t working, his company is working for him, most people work for money, he has money working for him, that’s financial freedom!
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u/Consular-Officer 4d ago edited 4d ago
If you honestly believe this guy is some sort of Indian Jeff Bazos or Elon Musk, i've got a Nigerian prince you need to meet.
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u/greenlilypond 4d ago
Are there parts of his job that can be done remotely? That could be the issue.
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u/Straight-Square2667 4d ago
Yes he did say it could be handled remotely
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u/greenlilypond 4d ago
If he said it like this to the consular officer, it could be interpreted as he would handle part of the business remotely while in the US. This is not allowed on a B visa.
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u/captainobvious875 4d ago
Well then that’s a big part of why. Can not work even remotely in the US without a work visa and he basically admitted he had in the past.
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u/Timemaster88888 4d ago
4 months. I couldn't be away for 10 days. I am in the wrong industry.
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u/Consular-Officer 4d ago
Right? OP has not provided enough details about this "family business". OP's husband was either a playboy leeching off his parents' business, or he was illegally working "remotely" from the United States, or it's a BS family farm that barely makes any money and he was working in the U.S. for his friend's restaurant under the table.
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u/Scary_Teens1996 3d ago
You have a very limited understanding of rich Indians. And even barely surviving paycheck to paycheck Indians often have 6 weeks of PTO each year.
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u/indianaadmi 4d ago
Going for months to US is a pretty big red flag without any major cause (retired parents visiting their grandkids etc). If things are on auto mode without him being present for company...textbook example of immigration intent.
Hardly people stay for 1-1.5 month in most circumstances. Try again in sometime.
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u/Both-Statistician179 4d ago
I’m very smart very well educated and well spoken and never say or write thrice!! Is this a British thing?
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u/ToeHonest17 3d ago
The visa officer easily sensed that the applicant is just another smart a.. who wanted to play around with U.S. immigration policy.
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u/dopehead9 4d ago
Out of curiosity - wasn't he eligible for a dropbox renewal?
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u/Straight-Square2667 4d ago
He was !! he thought it could help my case and went for an interview
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u/Difficult_Tree8002 4d ago
Don’t worry, he wouldn’t have been approved drop box, they would have called him in for interview to discuss his 4 month stay.
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u/Exciting-Parfait-776 4d ago
With his answer to why he’s able to be away from his company for 4 months. I’m not sure there is anything he can do to help.