B2 Visa denied, want to use ESTA

[Boiler 43,740]

It is very unusual for a non retiree to qualify for a B2.

[mr and mrs 187]

I cannot go 6 months withot seeing my boyfriend.

you certainly can. i think you meant to say 'ideally, i wouldnt have to go six months without seeing my boyfriend.'

many k1 veterans have survived time apart. i think our longest was 1.5 years. that was utterly wretched. but that was 5 years ago. now hes sleeping on the couch just a few feet away from me. much nicer.

[Luke and Deanna 0]

Hey, I am also from the UK and after a few 3 month visits to my now wife I applied for a B2 tourist visa so I could stay a full 6 months. I went to the London embassy and was denied under 214b (lack of ties to home country).

I did however fly a short while later under the visa waiver programme for 3 months or so. As I had a denied visa it did flag me at immigration and I did go for further screening at MSP airport but was allowed through. I even visited again after filing our K1 and yet again went for further questioning at POE in MSP but was still allowed through.

So chin up. I don't know if it has changed since the ESTA came about but maybe find out. Bottom line is you can figure something out and maybe have him visit. In the UK you can visit for 6 months (if it hasn't changed) without a visa.

Hope this helps,

Luke

[Mia.Gaga 1]

Hey, I am also from the UK and after a few 3 month visits to my now wife I applied for a B2 tourist visa so I could stay a full 6 months. I went to the London embassy and was denied under 214b (lack of ties to home country).

I did however fly a short while later under the visa waiver programme for 3 months or so. As I had a denied visa it did flag me at immigration and I did go for further screening at MSP airport but was allowed through. I even visited again after filing our K1 and yet again went for further questioning at POE in MSP but was still allowed through.

So chin up. I don't know if it has changed since the ESTA came about but maybe find out. Bottom line is you can figure something out and maybe have him visit. In the UK you can visit for 6 months (if it hasn't changed) without a visa.

Hope this helps,

Luke

It's nice to read the success stories, how did you get to fly under the visa waiver programme because once your denied a visa, they say you cannot use that?

[Mia.Gaga 1]

Letters from anyone are just.....letters....they do not prove anything more than somebody sat down at a word processor and typed out a letter....any letter is NOT legally binding on anyone, carries NO penalties for non-compliance...and medical appointments can be changed 3 seconds after obtaining a visa...what value are those? Zero. Sure, you may have returned via ESTA...but now suddenly you need a 4 month stay instead of 3...something is not being revealed....and why can't said boyfriend come to the UK? (besides the usual stories that airlines only have flights FROM the UK to the US....or....'he's so busy at work, he cannot take off' (which, if for 4-6 months, would be true...because we don't get 4-6 months of paid vacation from our jobs).....

I am going by what the lady at the interview said, she said if i had a letter from my employer it would of helped. I mean all i can do is bring a headed paper letter, i work for the local government so it will have their logos on it. I am also not saying i am getting a paid vaction, i am taking unpaid vaction for 2 months and i am able to support myself because i have savings and a second income because i rent my house. Because now i am happy to travel for only 2 months instead of 6 ... but would like to find a way around this instead of having to go back to the embassy, because it is no longer a extended tourist Visa that i want.

[Mia.Gaga 1]

Hi i went to the UK American embassy to get a extended tourist visa but was denied under 214b (lack of ties to home country). I have an approved ESTA that i use to use before i went for my interview ... am i not allowed to use this now?

[Penguin_ie 5,986]

You would need to update ESTA, and I bet when you do, it will deny you.

[Mia.Gaga 1]

Hi i went to the UK American embassy to get an extended tourist visa but was denied under 214b (lack of ties to home country). I have an approved ESTA that I use to use before I went for my interview ... am I not allowed to use this now?

Also if the answer to that is no … then how do I now go about being able to travel on a ESTA. I am a frequent traveler and have entered the US many times on my ESTA and have never out stayed. I have very strong ties to my country, but just didn’t have the documentation with me on the day of my interview. For example I have a good job, I own a house, I have many savings accounts with a good amount of savings. I have my whole family here.

Please help as I want to be able to travel again to the US but I am worried that I will have to go back to the Embassy again and it cost $140 to have a interview, while it is only around $14 to get an ESTA. Please advise me. Thanks.

[Penguin_ie 5,986]

**** 3 topics on the B2 denied/ ESTA issue merged. Please do not start more than one topic on an issue; instead, ask follow-up questions and provide updates here *****

[N M 96]

Few people get 4+ months of paid vacation...and your obvious desire to spend an extended amount of time with your 'family friend' strongly suggests a looming change of mind, marriage and AOS...this salient fact won't be resolved nor the VOs fooled by you suddenly requesting a visit for 'only' two months, since on your most recent application, you expressed a strong interest in remaining beyond that allowed by the VWP...and the VOs know that a B2 visitor is routinely admitted for six months, not two, so this oft tried strategem will not likely succeed.

Noah, mate. She said she has the offer of a career break. That's not "paid vacation" - it's unpaid leave - with your job still there for you when you return. Relatively common in the UK, and something that VOs will be well aware of.

[Noah Lot 387]

Noah, mate. She said she has the offer of a career break. That's not "paid vacation" - it's unpaid leave - with your job still there for you when you return. Relatively common in the UK, and something that VOs will be well aware of.

and thus such a career break in whatever form is no longer a tie to one's country of residence...there is NO legal requirement that said employer take back the vacationing employee...a house can be rented out from anywhere on the planet and savings in a bank can be withdrawn 5 seconds after obtaining a visa....sounds more like somebody wants an actual visa, one from which AOS can take place...and this sudden and miraculous desire to spend 'only' two months in the US instead of the six requested just moments ago will look and sound just too coincidental to be believed (and this strategem has been tried over and over and over...it is not a new one)

[GandK 168]

Hi i went to the UK American embassy to get an extended tourist visa but was denied under 214b (lack of ties to home country). I have an approved ESTA that I use to use before I went for my interview ... am I not allowed to use this now?

Also if the answer to that is no … then how do I now go about being able to travel on a ESTA. I am a frequent traveler and have entered the US many times on my ESTA and have never out stayed. I have very strong ties to my country, but just didn’t have the documentation with me on the day of my interview. For example I have a good job, I own a house, I have many savings accounts with a good amount of savings. I have my whole family here.

Please help as I want to be able to travel again to the US but I am worried that I will have to go back to the Embassy again and it cost $140 to have a interview, while it is only around $14 to get an ESTA. Please advise me. Thanks.

You cannot use ESTA again, unfortunately the only way for you to visit the US ever again is to apply for tourist visa through the embassy for now.

Read this https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

ESTA is just an electronic pre-screener for your eligibility to travel on VWP. It is done by machine, when you answer yes to the question that you have been denied visa before, it is almost automatically guaranteed that your ESTA application will be denied. I also don't believe that there is a time-limit on your ESTA red flag. I am pretty sure you will keep getting denied until you go through the embassy.

Persons who have had their visa application denied has a red flag on them. It is very likely that the US wants a human consular officer to assess the person's circumstances and eligibility for the US visa. If the consular office is convinced that the person poses no immigration threat to the country, you will be issued a non-immigrant visa and THEN I believe your ESTA eligibility will be restored, so you can travel on the subsequent trip on VWP.

Just my theory, make sense?

Edited January 9, 2012 by GandK

[Mia.Gaga 1]

and thus such a career break in whatever form is no longer a tie to one's country of residence...there is NO legal requirement that said employer take back the vacationing employee...a house can be rented out from anywhere on the planet and savings in a bank can be withdrawn 5 seconds after obtaining a visa....sounds more like somebody wants an actual visa, one from which AOS can take place...and this sudden and miraculous desire to spend 'only' two months in the US instead of the six requested just moments ago will look and sound just too coincidental to be believed (and this strategem has been tried over and over and over...it is not a new one)

I get what you are saying but what more to them can I offer ... like my whole family lives in the UK. I have lived here all my life. They want to see ties, my ties include a well paid job that i will not give up, my house, my entire family, my brother is having a baby i will be god mother. I have appointments to see my surgeon. If this aint strong ties i really do not know what else is. Also the reason i have now changed from 6 months to 2 months is it grantees my job when i get back. Where as the career break for 6 months did not.

[Mia.Gaga 1]

You cannot use ESTA again, unfortunately the only way for you to visit the US ever again is to apply for tourist visa through the embassy for now.

Read this https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

ESTA is just an electronic pre-screener for your eligibility to travel on VWP. It is done by machine, when you answer yes to the question that you have been denied visa before, it is almost automatically guaranteed that your ESTA application will be denied. I also don't believe that there is a time-limit on your ESTA red flag. I am pretty sure you will keep getting denied until you go through the embassy.

Persons who have had their visa application denied has a red flag on them. It is very likely that the US wants a human consular officer to assess the person's circumstances and eligibility for the US visa. If the consular office is convinced that the person poses no immigration threat to the country, you will be issued a non-immigrant visa and THEN I believe your ESTA eligibility will be restored, so you can travel on the subsequent trip on VWP.

Just my theory, make sense?

Yes that does make sense ... its just such a long procedure

[Noah Lot 387]

I get what you are saying but what more to them can I offer ... like my whole family lives in the UK. I have lived here all my life. They want to see ties, my ties include a well paid job that i will not give up, my house, my entire family, my brother is having a baby i will be god mother. I have appointments to see my surgeon. If this aint strong ties i really do not know what else is. Also the reason i have now changed from 6 months to 2 months is it grantees my job when i get back. Where as the career break for 6 months did not.

Yet you have a K1 pending...which suggests that sometime in the near future, all of the above will be rendered moot as far as ties to the UK go. it is difficult to have it both ways.