want to stay with my american girlfriend for a few months without getting married

[sam1983 0]

Hi, I'm considering contacting a solicitor but thought i would try posting on here first.... I want to visit my girlfriend in the USA. I'm English and live in England. I met her whilst working in upstate New York on a university placement 15 months ago. I left my placement early as i was fired for a disagreement with the owners. My university contacted me to say because i was fired, my visa was cancelled and had to leave within so many days. So i did. Because me and my girlfriend wanted to be together, i foolishly rushed in without researching and applied for a B2 visa as my drink driving conviction from 5 years ago means i cant apply for an ESTA. The B2 was denied because i didn't have strong enough ties to the UK. After my visa denial, my girlfriend came to the UK to stay with me instead. First for three months, then she went home for a month, then she came to stay with me for another six months. She went back to the US two months ago. We looked at the fiance visa but don't want to rush into marriage and need to spend more time together first as we really have something special. I'm considering applying for a B2 visa again, would it be wise to say i wish to stay with friends and that i don't have a girlfriend? As i did a placement there i have many friends in the area. How long would i be able to stay there on a B2 visa? How much would my previous B2 visa denial and drink driving conviction count against me? With her wages and the money I have saved, we could live comfortably for six months like we did when she came to England Ideally, i would like to spend a few months with her there, come home and then if the few months goes as well as the last year and a half has, then begin the fiance visa application. Any advice would be greatly appreciated, we just want to be together.

[Harpa Timsah 13,258]

If you don't have a job to return to, then chances remain slim. If you lie about having a gf you will be caught and it will mess up your future immigration plans (like you might get a ban for misrepresentation).

[sam1983 0]

thank you for the reply...so if i could get a covering letter from my job, allowing me to leave for a couple of months and then come back, then that would be ok?i could be open about the reason for wanting to go? i also have a tenancy agreement for my house that i rent, could that be useful too?

[Boiler 44,224]

A drink driving conviction does not make you ineligible for ESTA.

[sam1983 0]

it is a criminal conviction...am a wrong in thinking that my drink drive ban and my visa denial mean i cant get an esta?

[RhettVoe 281]

Your B2 denial wiped out ESTA, no matter what else took place.... a letter from your employer means little, and a rental property can be managed from afar....mostly the VO will be wondering why you need time off to visit 'friends' and who those friends really are, given that you were let go from your original activity. As Boiler said, lie about not having a GF or even being evasive will just bring about another denial....your current situation will not be enhanced by a letter from your boss saying he's giving you some time off....that just makes your case look weaker rather than stronger....I'd say choose the K1, even if it takes a while....the first question you will likely be asked if you apply for a B2 soon will be...."what has changed dramatically in your life/situation since your last refusal?"....a letter giving you time off is NOT a positive change in your situation....and with the rest of your background, well, I'd say your chances of success are very slim indeed.

[SennaBrigante 92]

You could try...

I got denied for a B2 last November then reapplied on December, got interviewed on January and had my tourist visa approved. Nothing really changed in my situation and I basically said the same things the second time around. I applied for the visa to visit my bf but on the application I put my cousin's address as the place I'll be staying at since that was my first destination in the US and I was gonna stay there for a couple of weeks anyway. I just told the CO the other states where I had family that I planned to visit so he'll know that I won't be staying in one place. I mentioned my bf's city but he never asked how I'm related to the people I mentioned so I left it alone. When I was asked if I was married I said I wasn't but before he was able to ask a followup question I jokingly told him I had two dogs who I consider my kids and that I'm married to them. He laughed, changed the topic and asked how long I'll be in the US and who'll take care of my dogs, etc.

You're not obligated to tell the CO that you have a gf in the US but if they ask (and they will) why you're going to the US and who you'll be staying with, you'll have to tell the truth. They will most likely ask if you are married and if you say "no" they'll likely ask if you're in a relationship. I just got lucky because if I didn't lighten the mood or attempt to change the topic I would have definitely been asked that and chances are, I wouldve been denied again.

Well that was my experience. You could try again and if you get denied, you can try for a third time.

[Boiler 44,224]

it is a criminal conviction...am a wrong in thinking that my drink drive ban and my visa denial mean i cant get an esta?

The issue is whether it is a CIMT. It isn't.

Having now obtained a B refusal that is something you would have to declare and seems to delay an ESTA approval by 6 months or so.

[JayJayH 546]

How long ago were you denied the B-2 visa?

As boiler points out, you could attempt to give ESTA another try. A previous B-2 denial does not automatically bar you from ever using the VWP again. Several members here have had luck trying ESTA again after a B-2 denial. The most important thing is that you are honest on your ESTA. As boiler also points out, ESTA asks if you have ever been convicted of a crime involving moral turpitude. A simple DUI conviction does not involve moral turpitude, and it does not make you inadmissible to the US.

In fact, when a consulate really wants to give you trouble for drunk driving, they deny you on public health grounds pursuant to INA 212(a)(1) as an alcoholic with associated dangerous behavior.

The important thing if you attempt to re-apply for ESTA is that you're honest in all questions (lying about anything will bite you in the a$$ at some point, and it will bite you bad). You have to answer "yes" to your previous B-2 denial, but you can answer "no" to the question if you've ever been arrested for a crime involving moral turpitude. If ESTA comes back as "Travel Authorized" you are free to jump on a plane to the US, although the CBP at the airport will have the final say as to whether you will be admitted or not. In addition, if it has been less than 6 - 12 months since your B-2 denial, I would not attempt ESTA at this point.

The reason that you were denied the B-2 visa was not because of your drunk driving, it was pursuant to INA 214(b) stating that any applicant for a non-immigrant visa shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status. You were denied because the consular officer was not satisfied that you would return to the UK, and/or that you would would not seek to work illegally.

The good news is that INA 214(b) is the most common reason for a tourist visa denial, has no bearing on any future immigrant visa application, and is very easy to overcome compared to most other reasons for inadmissibility. The bad news is that it is vague, so there is no saying whether or not the next consular officer will find you inadmissible under 214(b) or not. In general, if your situation has not changed much since the last time you applied for a B-2, the outcome will be the same.

However, if you can show new evidence of ties to the UK, that were not presented at your last interview, the previous denial under 214(b) will no longer be held against you, and the consular officer will have to make a new decision, based on the evidence presented this time around. INA 214(b) is not a charge per se, it's a presumption that is present at the time of the interview, and then 'disappears' immediately after.

[sam1983 0]

so if i say im visiting friends for a month, then come back after a month, will that affect our chances of getting a fiance visa in future? i applied for an esta but was unsuccessful, could anybody recommend a solicitor i could call about this in the UK? thanks for all the replies, it is very much appreciated.

[Boiler 44,224]

Steven Heller in Brighton.

[RhettVoe 281]

Who can do zilch towards getting you a B2 visa.

[sam1983 0]

So by all accounts, if im honest at the interview, then my chances of getting the b2 are very slim. I'm going to go ahead and apply, with a letter from my job to say they are expecting me to return to work after a month holiday and that im on a full time contract. Also with my 12month lease for the house i rent. Im going to say that i want to spend time with my girlfriend and meet her family with a view to applying for a fiance visa in the future, either in the US or UK. That would be the honest truth. I will have approximately 4 thousand pounds saved by February which is when i would like to travel. Can anyone tell me if this is the best way to go? Or if Im completely wasting my time and should maybe look more seriously at the fiance visas? As i said, this would be the truth. After having spent the best part of a year together, the time apart is very stressful and we really just want to have a chance to be together. Any and all comments or advice is greatly appreciated. Thanks.

[JayJayH 546]

Give ESTA another try. Be honest in all answers on the ESTA, if you get "Travel Not Authorized" go ahead and apply for a B-2. Your chances honestly, will be fairly slim, but you will not get any visa by not trying.

If all fails, it still won't affect any future K-1.

Good luck.

[RhettVoe 281]

I second that opinion...