J-1 visa denied and B1/B2 revoked

My fiancee was declined J-1 visa for USA and also had her existing B1/B2 visa revoked during interview for j-1 visa. She had got a B1/B2 visa in August 2013 and she had told at that time that she would be back to India in Dec 2013 after doing a course at Harvard University. She did not return in Dec but rather returned in Feb 2014 , before her I94 had expired. Then in march 2014 she went to US for 3 months for her examination on the visitor’s visa. The visa officer rejected her application for J-1 and revoked her B1/B2 visa saying that she did not keep her promise of returning back to India by Dec 2013. It is really sad as my fiancee stayed for 2 more months after her course was over as she thought to attend a few workshops at Harvard which would help in her career.

we are really distraught as she had to do research at Harvard medical school for 1 year. kindly suggest how to move forward and reapply.
One more option that we are thinking is to get married soon and then she can apply for H4 visa. Would a H4 visa outcome be affected by the B1/B2 revocaton and J-1 denial…?

Sorry to hear this. How sure are you regarding the B-1/B-2 revocation? Was a ‘cancelled’ stamp imprinted on the visa page and a letter issued or was she asked to sign anything or was it just a verbal warning? Visa revocation is a Department of State decision, is prolonged and is allowed a proper appeals procedure. I don’t see any laws being violated here, she travelled back prior to I-94 expiry and the officer is out of line in stating that a December 2013 return did not occur as ‘promised’. Nobody promises anything at a Consular post, these are just assurances and plans often change. A J-1 denial can also be easily appealed by the school because a ‘merit’ argument can be used here.

All the best

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu; sshankar@chu.edu http://chu.edu/images/Exec%20Ldrsp%20One-Sht_v2_web.pdf