Friend Refused B-2 Visa

[Harsh_77 718]

I don't know your story Canadian_wife, but I wanted to wonder out loud if there is a distinct difference between your case and the OP's friend. While you both had or have little ties to home country, were you crossing frequently? This will be the OP's first trip.

There is a chance the CO just withdrew the application, instead of denying it. He apparently said "denied" but didn't necessarily input it that way.

I really don't think a dumb/misinformed (no offense OP) mistake would bar the person for life. OP's friend is just a student who didn't know what to do and didn't do a simple internet search/ make a phone call. Plenty of students/young people visit with little ties.

Harpa- they made a mistake which cannot be reversed, unfortunately they cannot tell the officer at POE we did not know about VWP and we applied for Visa which was refused, but in first place we were eligible for VWP so we want to use that privilege now.

I am guessing OP tried for visa, since that would allow her GF to stay in US for 6 months over 3 months allowed on VWP and the visa thing did not work out in their favor.

Once visa B1/2 is denied VWP cannot be used as some point in time CO established that this person is a threat, so every time they apply for visa they have to prove the other way that they are not threat and would abide by the visa terms.

[Boiler 47,502]

Harpa- they made a mistake which cannot be reversed, unfortunately they cannot tell the officer at POE we did not know about VWP and we applied for Visa which was refused, but in first place we were eligible for VWP so we want to use that privilege now.

I am guessing OP tried for visa, since that would allow her GF to stay in US for 6 months over 3 months allowed on VWP and the visa thing did not work out in their favor.

Once visa B1/2 is denied VWP cannot be used as some point in time CO established that this person is a threat, so every time they apply for visa they have to prove the other way that they are not threat and would abide by the visa terms.

It is still possible to use the VWP. First you need to update ESTA. I appreciate India is not a VWP country.

[Harpa Timsah 13,260]

Harpa- they made a mistake which cannot be reversed, unfortunately they cannot tell the officer at POE we did not know about VWP and we applied for Visa which was refused, but in first place we were eligible for VWP so we want to use that privilege now.

I am guessing OP tried for visa, since that would allow her GF to stay in US for 6 months over 3 months allowed on VWP and the visa thing did not work out in their favor.

Once visa B1/2 is denied VWP cannot be used as some point in time CO established that this person is a threat, so every time they apply for visa they have to prove the other way that they are not threat and would abide by the visa terms.

I think they applied for the visa because they didn't know any better and my guess is the girl never travelled internationally before. I don't know the OP - but he seems level-headed. He has never met this girl and they aren't even dating - I doubt they were planning a 6 month trip at first go. They just want to meet. People who have not travelled don't know how to do it - they know movies and rumor. They don't even know who to call to ask about it. She is not a threat.

I have seen people on this board who have gotten ESTA approved after a visa denial.

[Anh map 2,098]

That was a mislead information, there is K1 visa route he can go to bring his GF to the US and marry her here.

A K1 requires a signed intent to marry. Girlfriends don't qualify.

[Sixx 0]

She was denied the ESTA and is feeling disheartened, and I'll have to admit, I am too. We made a lot of mistakes that are coming back to bite us in the ####, it seems. I guess all we can do for now is have me visit her in December and in the summer.

For those out there who have given helpful advice, I appreciate it. And now I'm asking for more.

What now? Are her hopes of ever coming to see my side of the world lost? She's not too keen on the idea of reapplying for the ESTA in a few months because she's afraid she'll just be denied again. She says that even if she gets accepted, they're going to give her ###### at the POE and she'll be turned around.

With me in college, everything is more difficult. I can't leave for extended periods of time, and I can't afford often 1-week visits here and there. Even if I could, it'd be suspicious. We just don't know what to do.

Don't even mention marriage, because, as stated before, it's completely out of the question.

Edited September 20, 2011 by Sixx

[Harsh_77 718]

It is still possible to use the VWP. First you need to update ESTA. I appreciate India is not a VWP country.

Does it matter if India is on VWP list or not?

[Harsh_77 718]

She was denied the ESTA and is feeling disheartened, and I'll have to admit, I am too. We made a lot of mistakes that are coming back to bite us in the ####, it seems. I guess all we can do for now is have me visit her in December and in the summer.

For those out there who have given helpful advice, I appreciate it. And now I'm asking for more.

What now? Are her hopes of ever coming to see my side of the world lost? She's not too keen on the idea of reapplying for the ESTA in a few months because she's afraid she'll just be denied again. She says that even if she gets accepted, they're going to give her ###### at the POE and she'll be turned around.

With me in college, everything is more difficult. I can't leave for extended periods of time, and I can't afford often 1-week visits here and there. Even if I could, it'd be suspicious. We just don't know what to do.

Don't even mention marriage, because, as stated before, it's completely out of the question.

Applying in next few weeks or months would not change the ESTA response.

It has been determined at this point that she does not have strong ties in her home country that was the reason her visa was denied in the first place.

The only way the decision changes is something changes in her situation and that would establish strong ties to her home country.

Unfortunately the only other option you have is for you to visit UK and spend some time there, since you said you are student you can check out if you have option to do a semester in UK or something.

[Boiler 47,502]

Some people have updated ESTA and been OK, some have had to wait a few months before they got the OK.

[Sixx 0]

Some people have updated ESTA and been OK, some have had to wait a few months before they got the OK.

She applied for it and was denied in a matter of hours.

[Boiler 47,502]

So she falls into the later category.

Chances are that if she has another go in say 6 months she will be OK.

The precise parameters are not published.

[Sixx 0]

So she falls into the later category.

Chances are that if she has another go in say 6 months she will be OK.

The precise parameters are not published.

Just out of curiosity, do you have any evidence to support this claim? Have you, yourself, been through this? I mean, it just seems all speculation - I guess, all you CAN do is speculate, but it's still... meh. We've read so much. So many things contradict each other - it's getting ridiculous.

Also, would the fact that she's been denied a B-2 Visa and the ESTA effect her chances for a Student or Work Visa in any way?

Edited September 20, 2011 by Sixx

[gwenneh 7]

Also, would the fact that she's been denied a B-2 Visa and the ESTA effect her chances for a Student or Work Visa in any way?

It will almost certainly come up at the interview. Whether it has an effect on her chances of another type of visa depends on the actual reason for denial. As I said in an earlier post, they'll be looking for different criteria for different visas -- but for any temporary visa, they are going to be looking for ties to her home so that they can be assured she'll leave when her time here is done.

In short, the denial itself may or may not have an effect, but the reasons behind the denial could cause an issue.

[Boiler 47,502]

I was refused a B2 and used the VWP. I made a similar mistake.

Probably not. Most work visa's are dual intent, student visa's are not but all other things equal it is not likely to be a problem.

[Harpa Timsah 13,260]

She was denied the ESTA and is feeling disheartened, and I'll have to admit, I am too. We made a lot of mistakes that are coming back to bite us in the ####, it seems. I guess all we can do for now is have me visit her in December and in the summer.

For those out there who have given helpful advice, I appreciate it. And now I'm asking for more.

What now? Are her hopes of ever coming to see my side of the world lost? She's not too keen on the idea of reapplying for the ESTA in a few months because she's afraid she'll just be denied again. She says that even if she gets accepted, they're going to give her ###### at the POE and she'll be turned around.

With me in college, everything is more difficult. I can't leave for extended periods of time, and I can't afford often 1-week visits here and there. Even if I could, it'd be suspicious. We just don't know what to do.

Don't even mention marriage, because, as stated before, it's completely out of the question.

Sorry to hear it, but now you know

Check out student airfare for cheap to visit her, and consider a meet up in Canada? Good luck.

[Sixx 0]

Well, I'm going to go see her in December for a few weeks. We'll try to do the ESTA again while I'm there. I'll also go in the summer, if all goes well the first visit, until I finish school. If everything is going as expected, I don't plan on living in America anyhow [i identify much more with the European lifestyle, and my dream location is Germany].

But that's a bridge to cross once I get there, I'd much rather prefer to focus on one thing at a time, than to stress myself out with too much.