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B2 denied - what's next?

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Dear all,

I am not posting for myself but a friend (German citizen) to see if I can help her .

Her boyfriend (NOT husband) recently (yesterday actually) moved to the US as an expat for 2 years.

She wants to spend those two years with him.

So she applied for a B2 visa, quit her job as an high school teacher, they sold their joint apartment, furniture was packed into a 40 ft Container and is on the way to the US.

And now the disaster begins: She went to the embassy in Munich for the interview like 3 weeks before her flight was scheduled.

Firstly, her English is not really good.

She told the officer she'd like come to the US for travelling around two years and taking English classes.

She did not provide a travel route, did not bring Hotel booking confirmations or anything, just a return flight ticket.

While the conversation obviously did not go very well as she did not understand several questions and had to ask for repetitions she also made one major mistake: When asked for an educated guess on how many bucks she would need for two years of travelling she (presumably out of nervousity) answered "2,000 $".

The officer understandably couldnt resist a good laugh and asked her to prove cash assets of 20,000 $ and a detailed travel route. She got a new interview appointment 10 days before her booked flight.

Whole family was mobilized to get those 20,000 bucks together on her check account within a few days and she booked accomodation for 2 years in advance (thank god, cancelable), went back to the embassy and still the visa was declined (not sure if there was Explanation or not).

Ok, so Little Girl is pretty much ruined -> no job, no Apartment, no furniture, no boyfriend and so on :-)

next day (not sure if the officer told her so?!) she tried to apply for the ESTA but it was also denied.

I know that she did many things wrong and didnt use her brain a lot after all, but now the questions are:

- how long after the denial is it worth going for a new attempt (with the same story)?

- could it be helpful if they marry real quick and then she applies for the visa with the motive of following her husband or will the "spontaneous marriage" be considered as a studious act?

- how long after the denial could this work?

- will she ever be able to have ESTA approved in the future?

Thanks for any help! ;-)

spoce

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1) How long until she can reapply with the same story? Well, that story proved to be a non-winner. First, no one is granted a tourist visa for two years continues stay in the US. She would most likely be given at most 6 months at the border. Then what? She'd have to leave the US. Where would she go? How would she pay for the flights? As of right now, without evidence of strong ties to Germany, another visa interview would yield the same results IMHO

2) She can marry at any time, that would not help her case, in fact it would be considered another ties to the US. Consular officers do not want to see why one HAS to go to the US, they like to see why they can't stay. How is your friend's boyfriend going to the US? Job? Is there a visa he is on that offers a derivative visa for a spouse?

3) Possibly, but Canadians do not travel on ESTA so I am not sure how it works.

I know it is easy to take advantage of easy travel to the US. I was a victim of that myself. You assume it is going to be fine, what reason could they have to deny...and then your world is turned upside down. I'm sorry this happened, but just like in my case, the denial was necessary as she could not meet the standard to which the officers set for visa issuance.

good luck to your friend.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Thanks for your support.

The boyfriend is there on a L-1A (intercompany transfer of managers).

I see that there is a L2 visa for spouses.

Could that work or are the previous denial plus the very sudden marriage major obstacles here?

Thanks!

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It could work, talk to the lawyer that handled his L visa to discuss the derivate status after they are married.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Dear all,

I am not posting for myself but a friend (German citizen) to see if I can help her .

Her boyfriend (NOT husband) recently (yesterday actually) moved to the US as an expat for 2 years.

She wants to spend those two years with him.

So she applied for a B2 visa, quit her job as an high school teacher, they sold their joint apartment, furniture was packed into a 40 ft Container and is on the way to the US.

And now the disaster begins: She went to the embassy in Munich for the interview like 3 weeks before her flight was scheduled.

Firstly, her English is not really good.

She told the officer she'd like come to the US for travelling around two years and taking English classes.

She did not provide a travel route, did not bring Hotel booking confirmations or anything, just a return flight ticket.

While the conversation obviously did not go very well as she did not understand several questions and had to ask for repetitions she also made one major mistake: When asked for an educated guess on how many bucks she would need for two years of travelling she (presumably out of nervousity) answered "2,000 $".

The officer understandably couldnt resist a good laugh and asked her to prove cash assets of 20,000 $ and a detailed travel route. She got a new interview appointment 10 days before her booked flight.

Whole family was mobilized to get those 20,000 bucks together on her check account within a few days and she booked accomodation for 2 years in advance (thank god, cancelable), went back to the embassy and still the visa was declined (not sure if there was Explanation or not).

Ok, so Little Girl is pretty much ruined -> no job, no Apartment, no furniture, no boyfriend and so on :-)

next day (not sure if the officer told her so?!) she tried to apply for the ESTA but it was also denied.

I know that she did many things wrong and didnt use her brain a lot after all, but now the questions are:

- how long after the denial is it worth going for a new attempt (with the same story)? Never. No one gets to live in the US for 2 years with a tourist visa. The max time for a tourist visa stay is 6 months. Also, a person who abuses a visitor visa to de facto live in the US will get that privilege revoked. A tourist visa is not the right route to live in the US for 2 years.

- could it be helpful if they marry real quick and then she applies for the visa with the motive of following her husband or will the "spontaneous marriage" be considered as a studious act?

- how long after the denial could this work? Marriage and getting an L-2 visa is the way to go. It can work immediately; meaning she can apply after marriage.

- will she ever be able to have ESTA approved in the future? Yes, after an indeterminable amount of time. However ESTA and the VWP does not work for a 2 years stay in the US.

Thanks for any help! ;-)

spoce

Hi,

The only way for her to live for 2 years in the US is to marry her boyfriend and apply for an L-2 visa.

Best of luck

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Sudden marriage not a problem

Why did she not apply for a B2 cohabiting based on his L?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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She must be devastated, that's because she did not research before jumping the gun

he should just take a wend come marry her, its not going to hurt her they do have a

bonafide relationship and petition. She wont get a tourist visa no time soon & please

inform her at all times she has to disclose the denial, its in the system to stay.

Maybe he should speak eo an atty in the US to garner some info & help

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Sudden marriage not a problem

Why did she not apply for a B2 cohabiting based on his L?

Probably the same reason she quit her job, spent money on plane tickets and sold her apt without being approved.

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