British boyfriend denied B2 Visa- Will he get one now?

[Teacat 12]

Hi there! I'm so glad this website exists- I just wish we had discovered it sooner. I am a US citizen, and met my boyfriend online roughly 3 years ago. I came to live with him in the UK in September 2013 during my study abroad course, and we have been back and forth across the pond visiting eachother since then. We had been planning a huge US trip for this summer, since I have just graduated from college and would like to begin having some work experience on my resume, and would just like to tour the States with him. We thought it would be a good idea to get him the B2 visa (naively) as we simply thought it would be an easy way for him to have six months in the States with me. Kevin has a mortgage, a car, and his family here, and we honestly thought that would be enough for "strong ties" and he would be granted the visa easily.

Wrong!

After a four hour wait at the London embassy, his application was promptly denied for not having strong enough ties. Kevin is a contractor, and by nature, his jobs are "temporary". He scheduled his contract to end at the end of this month, which he thought would be a perfect time to visit the States. Now suddenly with his visa waiver privilege gone, all of our summer plans have been completely thrown into jeopardy, and suddenly just him visiting the US will be difficult.

Over the last few days we've discussed our options and come up with a plan. He has spoken to his boss about the entire situation- his boss desperately wants to keep him in the contract role- and they've agreed to extend his contract until June, while giving him a month of unpaid leave. We had also planned on renting out his house while we were gone, but now we've decided to hang onto the house, since Kevin can no longer visit the States for an extended period of time anyway. With this new information- Kevin having a secure job to return to, an empty house with a mortgage to pay, a car in the garage, his entire family here, and roughly £25k in the bank, would that be considered enough for the embassy officers to review his new application more favorably and grant him a B2? We don't want to get burned again.

Also, does the B2 visa effectively replace the VWP for however long it is valid? After he completes this month long trip, would he be able to return to the States again (with proper documentation and everything?)?

Thank you guys so much. :-)

Edited March 4, 2015 by Teacat

[Merrytooth 5,748]

Maybe he should wait 6 months and try apply for ESTA to see if he could use VWP again.

[Teacat 12]

Maybe he should wait 6 months and try apply for ESTA to see if he could use VWP again.

I appreciate your quick response, but you didn't really answer any of my questions.

In six months I will be back in the UK with him anyway, working on my Master's degree here. :-) This is strictly for a summer vacation in the States.

[Boiler 43,401]

I would have thought that a B would be a very long shot. But no limit to the numbers of time you can try.

So he updated ESTA and was refused?

[Teacat 12]

I would have thought that a B would be a very long shot. But no limit to the numbers of time you can try.

So he updated ESTA and was refused?

Do you think it would still be a long shot now? I don't know what else we could possibly do to prove he has strong ties here in the UK.

He hasn't updated it yet, he'll be trying when he gets home from work. We were sort of worried it would cause another black mark on his record if he were to attempt to update it and got refused, and thought we should just skip it and consider going for the B2 again.

[Boiler 43,401]

He could be refused a B ad infinitum.

ESTA usually clears, no knowing exactly how long, the norm seems to be 6 months, but could be immediate, only one way to find out.

And it is much cheaper.

[Teddy B 17,251]

Do you think it would still be a long shot now? I don't know what else we could possibly do to prove he has strong ties here in the UK.

He hasn't updated it yet, he'll be trying when he gets home from work. We were sort of worried it would cause another black mark on his record if he were to attempt to update it and got refused, and thought we should just skip it and consider going for the B2 again.

What has changed in his life that makes his ties stronger now than when he was first denied the B2? From what you've said, not much. So chances are he will be denied again on the B2. Also chances are his ESTA has been or will be cancelled as well due to the B2 denial.

People from VWP countries should only use a B2 as a last resort for tourism.

[Teacat 12]

What has changed in his life that makes his ties stronger now than when he was first denied the B2? From what you've said, not much. So chances are he will be denied again on the B2. Also chances are his ESTA has been or will be cancelled as well due to the B2 denial.

People from VWP countries should only use a B2 as a last resort for tourism.

When he was first denied the B2, his job in the UK was ending, and we were putting his house up for rent.

Now, he still will have a job when he returns and proof from his employer that he has unpaid leave, and his house is not going up for rent.

Yeah, I wish we had looked into that more before we tried, but we were naive.

[Boiler 43,401]

In your first post you said he is a contractor and his jobs were temporary.

I used an agent of rent out my flat, after I left the UK.

Edited March 4, 2015 by Boiler

[Teddy B 17,251]

When he was first denied the B2, his job in the UK was ending, and we were putting his house up for rent.

Now, he still will have a job when he returns and proof from his employer that he has unpaid leave, and his house is not going up for rent.

Yeah, I wish we had looked into that more before we tried, but we were naive.

Unfortunately either of those two things could be changed just as quickly as they were now. Who knows, maybe with a different CO you'll get a different result. There is only one way to find out and that is to apply again. Good Luck!

[Teacat 12]

Unfortunately either of those two things could be changed just as quickly as they were now. Who knows, maybe with a different CO you'll get a different result. There is only one way to find out and that is to apply again. Good Luck!

What else could we possibly do to prove ties? You could apply that logic to any person applying for a B2 visa, and by it, it would be 100% impossible to get one.

He cannot end his contract again as quickly as he can extend it. He would be required by law to give at least 30 days notice to his employer before quitting, or would risk an enormous lawsuit. He simply has a good relationship with his boss, and is in the unique position that his boss wanted desperately to extend his contract anyway.

Thank you for the well wishes. :-) We'll see what happens.

[Teacat 12]

In your first post you said he is a contractor and his jobs were temporary.

I used an agent of rent out my flat, after I left the UK.

I guess I misspoke. His jobs are for as long as his employer wants him- his current contract began in September 2014, with the option of having it renewed infinitely by his employer, subject to review every 6 months unless he chooses to leave the contract. If he wants to quit this job, he has to give his employer 30 days notice to fill his spot. That is what he had set into motion when we believed we would be leaving the UK on March 30th.

Now that we won't be able to do so, he spoke with his employer (who is aware of the entire situation) who has jumped at the chance to keep Kevin and extend his contract until June, while allowing for a month somewhere inbetween of unpaid leave.

Yeahh we had Northwood (not sure if you've heard of them) all lined up to manage the property while we were in the States, and just had the process cancelled today.

[Boiler 43,401]

Is he an Employee or a Contractor?

Why is he not using paid holiday?

Lawsuit? Reminds me of a case where a buy I worked with just did not turn up one day, could not get hold of him, turned out eventually he just did not want to do it anymore. Lawsuit would have been silly. Legal cost would far outweigh any damages.

[Teddy B 17,251]

What else could we possibly do to prove ties? You could apply that logic to any person applying for a B2 visa, and by it, it would be 100% impossible to get one.

He cannot end his contract again as quickly as he can extend it. He would be required by law to give at least 30 days notice to his employer before quitting, or would risk an enormous lawsuit. He simply has a good relationship with his boss, and is in the unique position that his boss wanted desperately to extend his contract anyway.

Thank you for the well wishes. :-) We'll see what happens.

Not necessarily. I said that because based on what you've said it does appear that he does have some solid ties to his home country. With a different CO the outcome could be different. It's not a completely hopeless case imo, I've seen people post here with a lot less. The other hurdles for a person from a VWP country to overcome after strong ties to home country is why does he need such a long time to visit the US and how can he afford it? Why wasn't the 3 months sufficient? You've got to look at it from the CO's point of view. Not many people can afford to be away from a home they intend to return to for 6 months.

[Teacat 12]

Is he an Employee or a Contractor?

Why is he not using paid holiday?

Lawsuit? Reminds me of a case where a buy I worked with just did not turn up one day, could not get hold of him, turned out eventually he just did not want to do it anymore. Lawsuit would have been silly. Legal cost would far outweigh any damages.

I wish he was here to help me answer your questions! The technicalities are really confusing. Specifically, he has his own company that he is the sole shareholder of. His "company" (which is just him) gets hired by another company to do work for them for the duration of the contract they're looking to fill. Whilst working for this larger company, he has bosses (some of whom are contractors themselves, some who are permanent employees of this company), and he has people whom he himself manages (who are also a mix of contractors and permanent staff). He is only paid for the days he works, so he does not have any paid leave. He is fortunate in that his boss wants him to remain in this position so badly he is more than willing to extend Kevin's contract, even if it means losing him for a month of it, rather than lose him altogether.

Yeah, just an unfortunate term of his contract. His role to this company is very vital, and he is simply not legally allowed to just up and leave.

Hopefully this clarifies some things