Need adive / B-2 Visa for second time denied

[raspberry 0]

My fiance [26/m] already stayed at my [23/F] place the last two times for a month and met all my friends and family. So I wanted to get to know his family and appied for a B-2 tourist visa (because I don't want to immigrate there) and got it again denied because apparently I couldn't prove my strong ties.

Currently I feel like that I will probably never get it. Even when we marry they will for sure assume that I only want to immigrate to the US.

I just got over him leaving home and am dealing really bad with this situation now. I'm about to change my citizenship. With the new citizenship I would apply through ESTA/Visa Waiver (which I can't with my current). But even then I'm afraid that the Home Security Officer may turn me down at the airport cause they probably have insight about my previous attempts, which may make me for them sketchier.

Did anyone of you have similar problems? I feel so hopeless and misunderstood. My fiance said that he will try to come as often as he can, but that would only be once and max twice a year.

tl;dr: B-2 tourist visa to visit fiance for second time denied. Troubles dealing with it. Any advice as your personal experiences are more than welcome!

[BooMica 4]

If they know that your fiancee is in the US your chances to get a tourist visa are like...0.1% ?

They consider you don't have intentions to return. Did you bring proofs that you are having strong ties with your home country ? like assets, bank statments...kids maybe ?

[canadian_wife 1,791]

What country are you originally from and what new citizenship will you be obtaining and how will this citizenship be attained?

good luck

[raspberry 0]

Hey,

thank you two for the fast replies.

I brought proof that the flat I'm renting is on my name, as all paychecks and contract from my work, a bank statement, evidence that I've been living my whole life in Asutria, etc. But the officer didn't wanted to have a look on anything(!). She didn't even wanted to see my proof from the magistrate that my fiance was staying that certain time at my place. She didn't wanted to have a look on any paper I showed her to proof my statements.

I am originally from Serbia, but I have to add that I am born in Austria and was raised there too. Over the past 5 years I've been 4 times for 3 days in Serbia (they checked that in my passport). I've got a permanent visa for the EU, which they checked too. I would take the Austrain citizenship since I've spent my whole life here and do not plan moving anywhere. I basically gotta bring them my school reports and work contract as a paper that says that I'm resigning the Serbian citizenship. After that I'd wait a few months and would get the Austrian citizenship.

Looking back, I should have done that before applying the second time.

But I guess that getting that soon engaged (We know each other for 3 years) didn't work in my favour either. Probably got already sorted to those stereotypical 90s russian women that married for money....

[az2014 381]

Once you get your Austrian passport and apply for ESTA you still need to answer 'yes' to the question have you ever been denied a visa. This will most likely make the ESTA denied too so you will still need a B2 visa to visit the USA, that won't change.

Unfortunately with 2 denials doesnt look like you will be visiting the US any time soon. After you get married are you planning to join him or is he joining you?

[JFH 12,189]

Even when we marry they will for sure assume that I only want to immigrate to the US.

This is the part I don't understand. When you get married, what's the plan? You surely don't plan to spend your entire married life in separate countries? Is he going to move to Austria? If so, focus on that. If you're not interested in the USA, don't keep giving them $160 to be denied a visa.

Can you not go to Canada and spend a holiday with each other there?

I have to say, one of two visits a year is more than a lot of people in this situation can afford/are granted. If you are struggling, then something is going to have to give. One of you will have to move.

Edited July 7, 2016 by JFH

[Shiobhan 235]

My thoughts too are what is the longterm plans for

the relationship will the fiance move there. when will

you get marry. Please stick to the truth in the future

with immigration they have all the info from the past

in their system, have him petition the fiance visa, you

will not be given a visitor visa, if you lie on ESTA you

will totally mess up chances of any visas.

[raspberry 0]

Hey good evening,

hmm, you're right regarding ESTA. @az2014

Our plan is to stay here in Austria. Once he's done studying (2 or 3 years) he will come over.

@JFH we thought about that too, but the problem is that he's studying and working. He can't really take off from school and work at the same time. Thats why I wanted to visit him.

And as you've said, I'm definitely not paying them any more money to get denied.

@Shiobhan, Exactly! Especially cause there are so many forms and tricky questions. I did stick to the truth through all conversations and forms. Cause you never know.

But thank you all for your replies, feeling pretty naive that I actually thought it would work out.

[jeessgb 57]

If you are engaged, a 3-year engagement is pretty long, specially when you cannot visit each other so often.

Why don't you apply for K1 visa, have it ready in 8 months, get married in the US and live in the US with him for the next 2 years until he finishes school?

Maybe with this denials you'll have to rethink your whole plan to make it work.

Good luck!

[zorus40k 21]

tl;dr: B-2 tourist visa to visit fiance for second time denied. Troubles dealing with it. Any advice as your personal experiences are more than welcome!

Problem is in semantics. Visiting a friend would be ok, but with the purpose of visiting fiance you will always get denied. Because officer assumes you want to stay and adjust your status with immigration intent on tourist visa, which is technically a fraud.

Either marry him and apply then or go through K1 visa process

[NuZayetsPogodi 117]

I don't have any advice, just sympathy. My fiance was denied a B2 visa twice and he has strong ties to home (owns property, good job, everything but a wife and kids. The system is very frustrating and it causes people to lie because there's such small chance of getting a visa if you're young (as in, under 35 years old). I think it also contributes to people overstaying their visas. The whole system is fundamentally flawed, which is a shame because America is an immigrant country!

So anyways, you're not alone. If you two really love each other, I'd go for the K-1 visa and be together.

[zorus40k 21]

The whole system is fundamentally flawed, which is a shame because America is an immigrant country!

How is it flawed?

7.2 mln issued B1/B2 visas worldwide and only 2.197mln refused out of all 9.4mln applications, with 400k who overcome refusal with additional proofs and data.

Russia has only ~10% refusal rate for B visas in 2015

Did he get explanation why he got refused?

[MacUK 983]

How is it flawed?

7.2 mln issued B1/B2 visas worldwide and only 2.197mln refused out of all 9.4mln applications, with 400k who overcome refusal with additional proofs and data.

Russia has only ~10% refusal rate for B visas in 2015

Did he get explanation why he got refused?

It's flawed because most of those denied are denied due to immigrant intent which is decided by an individual at an embassy based on guesswork. Intent can neither be proved or disproved and there is no accountability or hard rules. People with ties to their home country get refused based on nationality, age, sex, family connections or prior history (no matter how long ago that history goes back). I screwed my own chances up 15 years ago when I overstayed VWP. The nearly 40 year old me now is a vastly different person than the idiot in his early 20s I was then. I have zero intention or desire to live in the US but I will likely never be able to visit there again.

On the flip side, the same system that denies genuine visitors from the opportunity to travel will allow others to gain permanent residency from their tourist visa with very little consequences.

Nothing will stop people from travelling to the US and living illegally under the radar apart from robust enforcement which would cost too much. But there's no need to allow dishonest people to abuse their tourist visas.

The tourist visa system IS flawed, but it would take a complete overhaul to get it right.

Remove the opportunity to adjust status from tourist visas and forgiveness for immediate relatives. People know that as long as they get past CBP then they can get a greencard, people know that they can spend as many years as they like in the States illegally until they get themselves a qualifying relative and they will get their greencard. If anyone thinks the system isn't abused regularly then they're a fool.

As said, nothing will stop people using their tourist visa illegally live in the US but that life of constant worrying and stress maybe wouldn't be so attractive without the chance to become legal being there.

And more people would have the chance to visit if the bar for proving lack of immigrant intent was lowered.

[JayJayH 546]

Once you get your Austrian passport and apply for ESTA you still need to answer 'yes' to the question have you ever been denied a visa. This will most likely make the ESTA denied too so you will still need a B2 visa to visit the USA, that won't change.

Unfortunately with 2 denials doesnt look like you will be visiting the US any time soon. After you get married are you planning to join him or is he joining you?

Hey good evening,

hmm, you're right regarding ESTA. @az2014

Our plan is to stay here in Austria. Once he's done studying (2 or 3 years) he will come over.

@JFH we thought about that too, but the problem is that he's studying and working. He can't really take off from school and work at the same time. Thats why I wanted to visit him.

And as you've said, I'm definitely not paying them any more money to get denied.

@Shiobhan, Exactly! Especially cause there are so many forms and tricky questions. I did stick to the truth through all conversations and forms. Cause you never know.

But thank you all for your replies, feeling pretty naive that I actually thought it would work out.

This is likely but not necessarily true.

When a B2 visa is denied under section 214(b) of the INA, which yours was, it was denied because in the moment you applied for that visa, the consular officer was not satisfied that you would not use that visa to try to immigrate to the U.S. Since you cannot use a non-immigrant visa to immigrate, your visa was denied. The peculiar thing about section 214(b) of the INA is that is one of very few areas of U.S. law where you are presumed guilty until proven innocent, as opposed to the other way around. What that means however, is that the perceived immigrant intent does not carry on to the next time you apply for a visa. If your situation has changed and you apply again, the consular officer will (on paper) look at your application again, and make a subjective opinion based solely on the set of circumstances before him/her.

Becoming naturalized in an EU country is the epitome of a "changed circumstance" as you are now a citizen with unrestricted rights of work and movement in the entire European Union. This makes it less likely that you would attempt "something funny" - At least for economic reasons. You could very well have your ESTA approved. This guy was in a similar situation:

http://www.visajourney.com/forums/topic/361102-what-are-my-chances-of-being-denied-entry-after-b2-denial/

"Back on feb 2010 i got a visa denial, due to lack of ties (very unfairly by the way) with my argentinian passport. 1 month later, i got my italian citizenship and i went to get the passport to be able to use the VWP, so after almost 2 months of my visa denial i applied for ESTA, i declared the visa denial, and it came back approved."

That being said, there is certainly no guarantee ESTA will be approved. And even so, there is no guarantee CBP will let you through. But. This is not a clear cut denial case. I visited my ex wife 3x on ESTA while my visa was being processed. Never any problems.

Edited July 9, 2016 by JayJayH

[raspberry 0]

Wow thank you, thats so crazy. I will definitely have to look into it. But thanks for the story/link of that guy.