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My situation:

  • Applied 1st time - got 214(b) was single

  • Applied 2nd time after about 2-3 years as a married person - got 3 year visa, been about 10 times to the States, each time spent no more than 10 days.

  • Applied 3rd time as a divorced person - got 214(b) again.

So is there any logic here? They can see I've been in and out so many times to the States, traveled around the world so many times too, resident in the UK for 9 years, got 2 jobs.

How soon can I apply again?

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  • My UK resident card says EU family member , so i have been asked if I'm married , even thought on the application form I noted -Divorced and wrote down all the detail as when and how long I v been married for etc.So when i said that i retained my rights in the Uk and previously been married , I v been asked how long ago did I divorce ..Is that means I ll not get a visa as single person ? It is looks like a discrimination to me.
    – Iris
    Oct 12, 2016 at 20:26
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    @Iris: I don't think the US has any law against discrimination on the basis of marital status in visa issuance. Indeed, as you know, there are visa categories only available to married people.
    – Nate Eldredge
    Oct 12, 2016 at 20:43
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    214(b) is a broad category. You should ask at the interview when you're informed you are refused, what their specific concerns were. You may also wish to obtain UK citizenship as soon as you are eligible for it.
    – Michael Hampton
    Oct 12, 2016 at 22:33

1 Answer 1

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The US consulate in New Delhi has the following to say about section 214(b):

Section 214(b) of the United States Immigration and Nationality Act requires that Consular Officers must assume that every visa applicant intends to leave his or her home country and immigrate to the United States. The applicant must convey during the interview that this presumption of immigrant intent is not true.

Which means you haven't successfully satisfied the consular officer that you intend to return home after your trip. I presume your second visa application was successful because you were married and therefore had stronger ties to your home country. However it's impossible to be sure without seeing the underlying documents, so that's just one assumption. Now as for reapplying:

Section 214(b) denials are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply. Applicants who provide identical information in a second interview rarely get a different result.

I would recommend sending another application after you've established one or more of the following:

  1. Well-paying job that you've occupied for a couple of years
  2. Real estate in your home country, possibly with a mortgage
  3. Strong family ties, such as marriage and/or children
  4. Successful business that requires your physical presence
  5. A residency permit in a high-HDI country

Since you've previously had a couple of refusals your application will undergo more scrutiny, but presuming you satisfy the conditions above it shouldn't be a problem. I am aware it may not sound fair that you're required to go through so many hoops to get a visa since you know you won't overstay in the US, but unfortunately that's how the system works.

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