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Athena13

use of VWP after B2 denial (split topic)

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If the rental contract you are thinking of entering into would expire when you are due to return, that would work against you.

Hypothetical questions from a CO:

  • Why do you need a visa? Why not visit on the VWP?
  • Who or what is sponsoring these conferences? Did they send you an invitation letter?
  • Do these technical conferences go for a span of 6 months?
  • Are you a confirmed attendee?

IMO, you are better off visiting on the VWP. It's not as long but if you were refused a B2, you may not be able to use the VWP at a later date.

Hi there. When you say if someone is revused a B2, he will have trouble using the VWP later? Is there any evidence for this? and is it the same for B1?

Is owning a property in Australia and a business (self employed) enough to be 'ties'?


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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Hi there. When you say if someone is revused a B2, he will have trouble using the VWP later? Denial of the B2 will result in the inability to use the VWP. Is there any evidence for this? Plenty. Use the search function. and is it the same for B1? Denial of any visa will result in the inability to use the VWP.

Is owning a property in Australia and a business (self employed) enough to be 'ties'? It's a totality of the circumstances. No one factor is determinative. Owing a property or a business in not determinative one way or the other. It's just factors in a totality of the circumstances.

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

I'm an Australian citizen wishing to stay in America for 6 months to be with my girlfriend.

So I've been doing some research on the B1 and B2 visas, and it seem that I qualify in the following ways:

* I'm staying 6 months or less (working on my degree in Australia at the moment, so once that's done, I can come back on the E3 hopefully)

* I have well and truly enough cash to sustain myself

* I only visited the US once before, on the visa waiver, and only stayed a bit over a month.

* I've never travelled to the east coast, so I have a valid tourist reason for visiting

* I'm planning to visit tech conferences, which is also a valid reason, according to their rules

There's only one issue - they mention that the person must have significant ties outside the US.

I have the following ties to Australia:

* Born here

* Family and friends here

* Done a lot of work here, and have some business concerns here

However, I don't own any property in Australia, and I'd rather not maintain a rental property while I'm gone, as it would be money wasted.

So given the above, do you think I'm still likely to successfully obtain the visa without a long-term rental contract?

Or should I get a rental contract first, to last the full 6 months?

I really don't want to be forced to maintain a rental in Australia, but it would be better than failing my visa application.

Any thoughts?

Do you understand that if the B1/B2 visa is denied, you will no longer be able to use the VWP?

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So you want a B to stay 6 months with your GF?


“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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People who have the ability to travel on the VWP tend to have a difficult time getting a B2, because tourism and attending conferences can be done in the 90 days of the VWP. While it is not impossible that you will get a tourist visa, I would strongly suggest you go over on the VWP (try for 87 days or so, in case of flight delays on way home), then spend the same amount of time AT LEAST back home before going for another 3 months. This also makes more sense with your degree, as you would need to attend lectures back home, right?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

Do you understand that if the B1/B2 visa is denied, you will no longer be able to use the VWP?

thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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Posts split from old thread


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?

Once you will be a citizen, you can file for your mother, she can get an immigrant visa, it means she would get a Green Card. I realize she does not want to move to the US, but nevertheless, if she gets a GC, she could live in the US for five years (visit Australia for up to 6 months out of each year), get citizenship and once she is a US citizen she could come and go whenever she feels like it.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?

She will need to be careful. Ordinarily it is "easier" for retired people to get B2s than working people (talking about VWP countries here) as they are unlikely to be working illegally. Many retired Brits with second homes in Florida do that and spend the winter in Florida. Work is the last thing on their minds! However, in the USA caring for a grandchild is considered work. And that is strictly not allowed on a B2. She can visit you and the baby. She can help you with the baby and around the house whilst you are at home or the baby is with a nanny. But she cannot be the primary caregiver whilst you are at work.


 

 

 

 

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Once you will be a citizen, you can file for your mother, she can get an immigrant visa, it means she would get a Green Card. I realize she does not want to move to the US, but nevertheless, if she gets a GC, she could live in the US for five years (visit Australia for up to 6 months out of each year), get citizenship and once she is a US citizen she could come and go whenever she feels like it.

Thanks. I don't think I want to become a US citizen, at least not yet.

and my mum doesn't want a green card.


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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She will need to be careful. Ordinarily it is "easier" for retired people to get B2s than working people (talking about VWP countries here) as they are unlikely to be working illegally. Many retired Brits with second homes in Florida do that and spend the winter in Florida. Work is the last thing on their minds! However, in the USA caring for a grandchild is considered work. And that is strictly not allowed on a B2. She can visit you and the baby. She can help you with the baby and around the house whilst you are at home or the baby is with a nanny. But she cannot be the primary caregiver whilst you are at work.

Thanks for the info about the retired Brits in Florida.

No my mum won't be a 'nanny' for us. I'm not working so I will be the main child care taker and homemaker.


~My Timeline~ K1
Consulate : Sydney, Australia
I-129F Sent : 2011-09-30
I-129F NOA1 : 2011-10-05
I-129F NOA2 : 2012-02-14
NVC Left : 2012-02-23
Packet 3 Received : 2012-02-27
Packet 3 Sent : 2012-03-15
Interview: May 1, 2012
Visa Received : 2012-05-15 (long 14 days, and there was a big hiccup!)
US Entry : 2012-05-25
+ Marriage : 2012-06-18
+ Applied for SSN: 2012-06-22 (got it 4 days later)


AOS
I-485 with EAD and AP Sent: 2012-07-02
NOA: 2012-7-10
Biometrics: 2012-8-8
EAD/AP card in hand: 2012-9-10
Interview: 2012-9-25 and approved! They took my EAD/AP.
Green card in hand: 2012-10-03 yay!!!

ROC

I-751 sent: 2014-9-9

NOA1 received: 2014-9-13 (dated 9-11)

Bio letter received: 2014-9-25 (dated 9-19)

Bio appt: 2014-10-6 (no interview)

Card in hand: 2014-Dec

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