Originally Posted by Newryman
• You have a residence outside the U.S. as well as other binding ties, which will insure your return abroad at the end of the visit
Therein lies the problem. The applicant for the NIV has already demonstrated a weakening of ties to the "home country" by purchasing a residence in the United States. When that is coupled with the eligibility for an IV due to marriage to a citizen, it becomes very hard to overcome the default 214(b) supposition. Furthermore, the issue of a B1/B2 leaves the applicant open for a summary 212(a) ruling at POE at any time (without right of appeal) under the "expedited removal" clause, which carries with it a mandatory 5 year ban. It is not worth taking the risk IMHO.