Visiting the US after a VWP denial

[Decaydance 0]

Hi all,

This is my first post I am really worried and concerned at the minute.

Last january I attempted to go to the US for the full extent of the VWP to visit my girlfriend who I was intending to ask to become my fiance.

I am 29 (was 28 back then) I live with my mother and am currently unemployed. In my first attempt I was being supported by my best friend

he was looking to do something nice for me and send me out to the states so I could spend some time with my girlfriend and whilst there my

girlfriends family would have supported me in the sense of a place to stay and feeding. After a 9 hour flight to MSP I was interviewed by the

CBP who where very roundabout with their questions trying to trip me up and make me look like a complete monster and scoured through

facebook and my various email accounts they denied my entry also denying me from using the VWP ever again. also on being denied all

that was done is some code scribbled in the back of the passport along the spine almost indistinguishable it just felt odd the way it was all

handled.

A year on I am making this attempt again my situation has not changed other than I am looking at a shorter stay (how long would you guys advise)

I have saved my own funds to make the trip and my girlfriend and best friend are also offering further assistance in financials this time I do have to

gain a B2 or a K1 Visa I am worried because of the fact it does not look like I have that great a tie to the UK other than family and the fact I am still

looking for employment within the UK. I am worried that I will fail again and I hate putting my girlfriend through such dissapointment but nothing shy

of getting a super job and a house I cant see how to tie myself to the UK even though I would be returning because of my family.

any advice anyone can give me on how I should progress would be really appreciative

Thanks in advance

Craig

Edited September 7, 2013 by Decaydance

[dwheels76 5,463]

Hi all,

This is my first post I am really worried and concerned at the minute.

Last january I attempted to go to the US for the full extent of the VWP to visit my girlfriend who I was intending to ask to become my fiance.

I am 29 (was 28 back then) I live with my mother and am currently unemployed. In my first attempt I was being supported by my best friend

he was looking to do something nice for me and send me out to the states so I could spend some time with my girlfriend and whilst there my

girlfriends family would have supported me in the sense of a place to stay and feeding. After a 9 hour flight to MSP I was interviewed by the

CBP who where very roundabout with their questions trying to trip me up and make me look like a complete monster and scoured through

facebook and my various email accounts they denied my entry also denying me from using the VWP ever again.

A year on I am making this attempt again my situation has not changed other than I am looking at a shorter stay (how long would you guys advise)

I have saved my own funds to make the trip and my girlfriend and best friend are also offering further assistance in financials this time I do have to

gain a B2 or a K1 Visa I am worried because of the fact it does not look like I have that great a tie to the UK other than family and the fact I am still

looking for employment within the UK. I am worried that I will fail again and I hate putting my girlfriend through such dissapointment but nothing shy

of getting a super job and a house I cant see how to tie myself to the UK even though I would be returning because of my family.

any advice anyone can give me on how I should progress would be really appreciative

Thanks in advance

Craig

Have u meet your fiance in person? there's no visiting for you if they deny u ever using a VWP. She will have to come to you or you choose another country to meet.

If you have meet you can file the I-129F now. But you visiting I don't think so since you have been flagged now.

What was the reason for denial? You definitely had no ties. You shown having others support you doesn't bode well you have to qualify on your own merit and show more reason you will return to UK. And you had no evidence of that.

[Decaydance 0]

No I haven't met my partner this was meant to be our first meeting the CBP Officer told me that I would have to apply for the Visa if I wanted to retry coming into the country. meeting in another country or comming to me just isnt viable she has 3 children to look after.

They never told me the actual reasoning behind the denial of the VWP is being a partial carer for my Mother who suffers from epilepsy a valid enough reason to return to the UK in the eyes of a VO or the CBP??

[Hypnos 6,576]

there's no visiting for you if they deny u ever using a VWP.

Not true. He can't visit on the VWP program, but he can attempt to obtain a B-2 visa from the London embassy and visit using it.

The OP would need to show substantial ties to the UK to obtain such a visa, especially in light of his denial of entry.

It might be easier to have your gf come to you than the other way around.

Edited September 7, 2013 by Hypnos

[Shiobhan 235]

If U apply for tourist visa & denied, how will U meet, since

she has 3 kids to support U should send her a ticket to visit U

Virgin Air has some cheap tickets at times...getting married

on the 1st visit would not be a good idea....she could file K1

upon returning, the CO at that K1 interview may question your

claim of ties due to sick mom at prior interview.

Did you arrive penniless and the CBP realized you have not even

met the lady that led to them checking your emails & FB & maybe

finding you communicating with other ladies? Coming here for

the 1st time on VWP should be straight forward if U have some funds

told the truth & seemed sincere....have her come visit U

[Decaydance 0]

I didnt arrive penniless I had $730 (not much I agree) I was honest with the CBP and told them that this was our first meeting we had been together for 6 months (after meeting online now heading up for a year in 3 weeks) they can check FB and my mail they wouldnt find much in retort to speaking to other women I have taken this relationship very seriously and been faithful to her and only her it should of been straight forward I completely agree I was what I thought sincere and I had no reason to lie. as I stated the bringing her here whilst seems like a great idea and would do it in a heartbeat just is not viable for my gf.

[Nich-Nick 3,353]

London will deny your tourist visa. I have seen many, many posts where no ties, then no discussion and no B1/B2 visa. Make a new plan and save the application fee.

[Decaydance 0]

I thank you for you blunt honesty. other than a job or home ownership what constitutes as a tie to the country?

[NigeriaorBust 4,087]

How close is she to the Canadian border I hear Niagara Falls is prettier from the Canadian side this time of year.

[Boiler 43,494]

Let the Father look after the Children and she can visit you.

[dwheels76 5,463]

No I haven't met my partner this was meant to be our first meeting the CBP Officer told me that I would have to apply for the Visa if I wanted to retry coming into the country. meeting in another country or comming to me just isnt viable she has 3 children to look after.

They never told me the actual reasoning behind the denial of the VWP is being a partial carer for my Mother who suffers from epilepsy a valid enough reason to return to the UK in the eyes of a VO or the CBP??

Well it seems it would be hard to convince ties to country and your mother when you said you are applying for full extent. which isn't that like 90 days or 6 months or something.. So they will not think mom needs you that bad.

[Nich-Nick 3,353]

I thank you for you blunt honesty. other than a job or home ownership what constitutes as a tie to the country?

Children, big bank accounts, utilities in your name, credit cards, own a business, full time school enrollment...I really don't know what they will issue a visa on. I just know I have read most UK threads since 2008 and I see the same thing repeated when people say they were denied a tourist visa. Almost all have said about their London experience:

They were rude.

They didn't let me explain

They had already made up their minds

They didn't let me show my evidence

They said I didn't bring enough evidence

I was surprised because for Fiancé and spouse visa interviews they are quite easy going. I think it is because it's a VWP country and if you are a UK citizen and can't travel on VWP, then they figure you don't need a tourist visa. The ones that get them probably have a very good reason why they need six months rather than the 90 day limit on VWP. And they most likely are not young, unemployed, not in school, live with Mum, have a girlfriend in the US, and been denied entry before. And they probably have thousands of dollars in the bank.

[alphaminah 1]

get your gf to visit you. once you have a visa application rejected by the embassy, it's a mission impossible to get an approval. because we are from vwp countries, they tell you 90 days is more than enough for one trip. i tried applying for that six-month visa before and got denied. and once denied, you are flagged. i had a job, my own apartment and thousands in the bank. i got rejected because the bf was mentioned.

[Baileys 39]

they denied my entry also denying me from using the VWP ever again. also on being denied all

that was done is some code scribbled in the back of the passport along the spine almost indistinguishable

I'm pretty sure CBP can't ban you from using VWP. They can deny you entry at the time but I don't think they have the power to stop you using the waiver; only an immigration judge can do that.

I would suggest you have a one time consult with an immigration attorney; not about immigrating but about being able to visit using the visa waiver programme.

You could also try reapplying for ESTA, making sure to enter that you were denied entry previously, and see what it says.

Don't apply for a B1 visitor visa; your lack of employment makes it highly likely that you'd be denied.

[alphaminah 1]

mentioning a previous denial will get you a rejection on esta. i've tried that a few times and got rejected for every application since i mentioned one visa rejection. but i remember someone on this forum saying his rejection eventually got lifted - after several years. so best bet now is to get the gf to do the flying instead.