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Ross_s

Tourist Visa Declined, confused and deflated!

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He was doing it his way.

Lol I know you think that's amusing :)

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Based on his original post that was found where he clearly stated his intention to come to the US and work ilegally, and that he was going to do it anyway he could, yes he did commit fraud. He lied about the purpose of his B-2 visa and he lied to the CO about why he was coming to the states, that is fraud.

You're reading it very differently to me then. In that first post I read that the OP wanted to come to the US and work legally - he was asking how to do this.

When he was told that there was no legal route to do this he expressed disappointment and said I'll have to do it my way - I took this to mean he would have to try for an extended trip without working and could only stay until his money ran out.

Nothing he wrote then or since has implied that he had any intention of committing fraud.

You are trying to read behind the lines and assuming that he is going to work illegally if he gets to America.

I am reading behind the lines and assuming that he is not going to.

Either one of us could be right but you can't say which for sure.

OP - I hope your ESTA still works, good luck with that. Please let us know either way and how everything works out.

Teddy B - if we ever get a future post from the OP asking how to AOS from a tourist visa, or how to deal with being arrested for working illegally, I will send you an apology (and a beer voucher)

Edited by *Lynne*
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Filed: K-3 Visa Country: United Kingdom
Timeline

I get annoyed when ppl are looking to break the rules or come here and are looking for free healthcare and I believe I have right to be annoyed when my (tax payer) money is used in wrong way.

I'd think the USA is the last place someone would go to for free health care :thumbs:

OP is from the UK ... already has some of the free-est healthcare available

Edited by Adriene H

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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Filed: Country: Russia
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Then why did I not just travel using the VWP and then overstay?

Because you, in reality, want(ed) to work.

I'm sorry, but the CO was completely correct in denying you. Your situation is... absurd and strange. It's not enough money for 6 months. Maybe it's true, but it doesn't sound like something people will actually do, so the CO denied you. If I were you I'd re-evaluate the whole thing, maybe get more money, then re-apply.

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Filed: K-1 Visa Country: Wales
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I'd think the USA is the last place someone would go to for free health care :thumbs:

OP is from the UK ... already has some of the free-est healthcare available

Yep.

I am sure many more go to the UK than the US for free health care.

“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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Filed: IR-1/CR-1 Visa Country: India
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I'd think the USA is the last place someone would go to for free health care :thumbs:

OP is from the UK ... already has some of the free-est healthcare available

Health care was a general statement was not for the OP, if UK has a better health care is a debatable.

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Because you, in reality, want(ed) to work.

I'm sorry, but the CO was completely correct in denying you. Your situation is... absurd and strange. It's not enough money for 6 months. Maybe it's true, but it doesn't sound like something people will actually do, so the CO denied you. If I were you I'd re-evaluate the whole thing, maybe get more money, then re-apply.

I think one of the reasons I'm not as suspicious as everyone else about this story is that I think $7000 can easily be more than needed for six months if you are staying with friends and don't have to pay for accommodation.

Before I moved over here permanently I took three months off work and came over to visit friends and family. I spent less than $2000. Lots of things I like to do are free or very cheap - walking, camping, hiking, swimming etc. And if you don't shop or party too hard, what else are you spending money on? Staying with friends and cooking at home isn't going to cost that much money.

Oh and for the "you can't take that much time off work doubters" - my trip was a paid vacation from work. My job was waiting for me on my return and if I had been able to stay for longer my boss would have given me several more months unpaid as well. So it is all very plausible to me.

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Filed: K-3 Visa Country: United Kingdom
Timeline

Health care was a general statement was not for the OP, if UK has a better health care is a debatable.

Absolutely

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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Filed: Timeline

http://www.visajourn...uidance-needed/ :hehe:BUSTED!!!!!!!!!!!! :rofl: I figured something like this would happen when I read that the interviewer asked OP why 6 months and the OP 'ifed' one too many times. This guy wants to live in the US not visit so he's looking for a loophole where he doesn't have to marry some brod he finds repulsive to get some form of residence.

Right now anyone who attempts to justify anything in Ross_s' story after checking out the linked posted I assume would take a dollar right out of my pocket.

:rofl::wow: :wow: :rofl::devil: :devil: :devil:

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Filed: IR-1/CR-1 Visa Country: India
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Right, my original thread prior to this is very honest! Would I love to stay in the US? Absolutely... Could I have worked illegally last time? Absolutely... Could I have abused the VWP? Absolutely! Did I do any of these things? No! Did I tell any lies to you lot? No!

It has became obvious to me that me finding LAWFULL employement in New Orleans is never going to happen! So I was quite happy to go visit my friends and yes $7000 is plenty enough! And as soon as my money dried up I was gonna head home!

If I was going there unlawfully why did I not just travel on my ESTA fly into Chicago or Orlando on a contrived vacation catch a bus to Nola and just vanish?

The answer is simple! I had and still have full intent on returning!

I've got thick skin the accusations made by some members do not bother me, the mocking and laughing doesn't either! My story is 100% truthful the only thing I've been guilty of is naievity.

Thanks for all the actual help offered in here though I do really appreciate it.

Couple things, first and most important your prior ESTA is no longer valid… your condition has changed.

One of the question on ESTA is if your visa is ever refused…. That condition changed for you.

If you try to enter using the existing ESTA most likely you would be refused entry.

Second – you can be honest and your intentions could be legit, but you are being hit by lot of ppl coz in past ppl have used similar means to enter US and continue to stay beyond the VISA duration.

You are just getting hit coz someone in past have abused the visa that were given to them.

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Filed: Country: Russia
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I think one of the reasons I'm not as suspicious as everyone else about this story is that I think $7000 can easily be more than needed for six months if you are staying with friends and don't have to pay for accommodation.

Before I moved over here permanently I took three months off work and came over to visit friends and family. I spent less than $2000. Lots of things I like to do are free or very cheap - walking, camping, hiking, swimming etc. And if you don't shop or party too hard, what else are you spending money on? Staying with friends and cooking at home isn't going to cost that much money.

Oh and for the "you can't take that much time off work doubters" - my trip was a paid vacation from work. My job was waiting for me on my return and if I had been able to stay for longer my boss would have given me several more months unpaid as well. So it is all very plausible to me.

It can happen, heck I've done it, but it's not something done often, so CO's are suspicious, and since it's their job to not believe people at first, the best applicants need to do is go over the basic requirements... too much rather than just enough. Also, let's ignore that this guy clearly said he'd "do it his own way" if he couldn't get a job visa.

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Filed: Timeline

Probably too late now, but it's never a good idea if you are from a US visa waiver country to try to apply for a tourist visa, even if you want to stay longer. The US's goal is to keep people out. The US doesn't have a vacation culture and they don't want anybody to enjoy life. Personally, I'd spend your money elsewhere. Go spend your money in Cuba.

I'm disgusted that this post was up voted. If you hate the U.S. so much, why are you on a U.S. immigration forum?

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Is that just medical or does it include dental?

You can get free dental care in the UK but it's getting quite hard to find a dentist to take on new NHS patients - there is also a small fee associated with the care you get although it's cheap compared to private care.

Some people qualify for completely free dental care and also don't have to pay prescription costs for medicine either. (Unemployed, students, people with certain medical conditions, etc)

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Ross_s I don't intend to be condescending or preachy in my reply to you, but there are some things you need to realise.

The US has a system in place for permitting access, which millions of people attempt to use. As a result, the US Government prescribes a set of rules that you either meet or don't. you can think it is unfair, unjust, not right or whatever. But I guarantee you, they are not sitting there thinking, "...but what about Ross? He's different because..."

You meet the requirements or you don't. The US doesn't want you to come and visit and stay for as long as you feel you want to. end of story. So you need to change your attitude to coming to this country.

You made some very fundamental mistakes and now it's going to be very hard to resolve this situation in the short term.

1 - Going the B2 router was a mistake. A big one you had been warned about before. From a visa waiver country, you need a reason why you should be issued with a B2. It's the CO job to only issue one if you meet a reason why the VWP is not applicable to you.

2 - Your ESTA conditions have changed. You need a new one. So what if the website says it's active? Of course it is, it's based upon a set of facts you provided at a specific time. You are responsible for updating those facts. Not the embassy. Not USCIS. Not anyone but you.

3 - You can travel to the US on your ESTA. But an ESTA doesn't guarantee you entry. The officer at your PoE makes that call and no one can make it for him, and no one can overrule him in your case. A visa does not guarantee entry, an ESTA does not guarantee entry. What he will see is your denied visa when he swipes the passport. That will flag up in his mind a lot of red flags. You are losing at that point. You lose more points if you didn't update the ESTA. Ignorance may be no excuse in his mind.

4 - A new ESTA may be approved, or may be denied. You can wait a bit, reapply. Even if you do the PoE officer may STILL deny you based upon his own opinion. Your track record of lengthy stay(s), visa applications etc, will help make his mind up. You have no part to play at that point. If he says no, it's no.

Now looking at the facts.

- You visited for a long period of time

- You are wanting to come for a long period of time that even you don't know how long for

- You work a bar

- You applied for a B visa

- How many trips, and what duration?

- Since you don't know when you're flying back, would you even get a return ticket?

Now based upon those facts, and what I stated above about there being a set of rules you either meet or don't, you need to step back and realise this situation doesn't look good.

In the interests of fairness, since the above is somewhat negative, here are some things you may find helpful.

- Apply for a new ESTA. It might come through and they might let you in.

- Get a return ticket.

- Bring with you anything you have tying you to the UK. Credit card statements, car finance, mobile phone, gym membership, as much as you can. the PoE officer needs to determine you have a life to go back to.

- If you don't have anything tying you to the UK, get something.

- Get a letter from your employer confirming you are on a sabbatical or whatever you want to call it

- Get your approved entry to the business course, you information you are applying, or will be accepted subject to any exams you are currently sitting.

If you get the ETSA and the PoE officer doesn't say no, he'll likely send you to secondary inspection. This is your chance to prove you will leave. Ask yourself this, how I am going to prove this.

Otherwise you just don't meet the requirements and end up embittered and posting on a forum....

USCIS & NVC

05-04-09 - Married

09-05-09 - I130 Approved (CSC)

12-09-09 - Case Completed (NVC)

01-08-10 - Approved (LND)

01-20-10 - PoE PHL

I-751

01-10-12 - Filed I-751, VT Service Center

01-17-12 - NOA1

02-08-12 - Biometrics at Alexandria, Va

10-04-12 - RFE

11-16-12 - Sent additional evidence (5.5lbs of evidence!)

12-04-12 - Approved

12-10-12 - Card arrived

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