B2 denied help need

[Sean16 0]

I know they will see the visa denial which is not a entry denial it states that a b2 visa denial does not make you ineligible for entry to the us just that you did not prove intent or meet the requirements of the visa applied for at that interview

She can not come here at the moment hence why I would like to travel and visit for the holidays seeing long standing friends at the same time I am lucky as job I have at the minute means I can work and take time off between jobs

Thanks for all and any advise

[vegasbound 83]

"...visa denial which is not a entry denial it states that a b2 visa denial does not make you ineligible for entry to the us just that you did not prove intent or meet the requirements of the visa applied for at that interview."

Unfortunately, you are incorrect about the visa denial. A tourist visa denial is due to the fact that you are found ineligible (did not meet the requirements, as you put it) to visit the US as a tourist for the time being. That's it. Clear and simple. You may be eligible to visit the US as a tourist in the future when your circumstances have changed and you can prove strong ties to your home country. But for now, you are ineligible to enter the US as a tourist.

[Transborderwife 4,666]

there's no magic answer for you. either she will have to visit you or you'll have to meet in a third country.

[EM_Vandaveer 2,448]

Your mistake was not staying out of the US after your visit for a longer time than your visit lasted.

You can try to enter. Most likely you'll be denied.

[Hypnos 6,579]

You are obligated to obtain a fresh ESTA declaring the B-2 refusal before you can even attempt entry on the VWP again. Your existing ESTA is no longer valid.

But I concur with what everyone else has said. You didn't leave long enough between potential visits, and they've now flagged you for further scrutiny.

Walt ~1-2 years than apply for ESTA again.

Edited November 14, 2016 by Hypnos

[Sean16 0]

That's for all the advise

yes I no 9 weeks was not very long which is why was leaving it 4 months this time

maybe if it stated a lengthy of time rather than a reasonable amount of time as stated on the website people would now where they stand

Have found story's Of people that where denied a b2 visa and still managed to get in after proving to a immigration officer that they had reasons to leave

And my mistake was to apply for the b2 visa

As would have been out the country for 4 months this time before heading back and can prove my ties to the UK have children and a grandchild job and the fact that immigration officer made a decision after 3 questions and did not ask for any proof of ties

Seems everyone is of the same opinion so guess I have my answer

Thanks

[Pennycat 880]

Ah yes, I think I see a point of confusion. It doesn't mean that you're ineligible to enter-- basically, you're not banned. There are people who are ineligible for *any* visa-- tourist, work, spouse etc. This is not you. That doesn't mean (as you've seen and been told) that they'll still give you a B2 visa or that you're eligible for ESTA. Not being ineligible doesn't mean "clear for a tourist visa". Sorry :/

I think the mistake was maxing out the VWP time and coming back so quickly. I see a lot of people having difficultly after that. Perhaps try again, armed with more evidence that you intend to return?

[JFH 12,196]

The trouble is you abused the privilege of the VWP. It's for visits, not living in the USA in 3-month installments with short holidays in the U.K. in between. It's a privilege to visit. Not a right.

It was foolish to go for 3 months and try and go back again 9 weeks later. Added to the fact you have a girlfriend in the USA. It is very unusual for people to be able to take so much time off work. And now you plan to go back again for a few months (you say you want to go for Christmas and New Year now and it's only mid-November). You're going to come under the radar of the IRS soon also.

As recommended by others, give it a year or two before you apply again. Entering through Canada will not change things. You'll only make it more difficult for yourself. A grandchild and grown children are not strong ties. Curious as to why you're leaving this job for another in January if this job has such generous holiday allowance and pays very well (enough for you to afford several months a year travelling).

Your options are: meet your girlfriend in another country, your girlfriend comes to the UK, or you get married and immigrate.

Edited November 14, 2016 by JFH

[KierenHby 900]

The VWP program was established to facilitate short-term entry for individuals from low risk nations. Primary eligibility for ESTA is the same as for B2 applicants.. short term visits, and strong ties to home nation. Seems like you overlooked the 'short-term' part, and apparently your ties to home are not as strong.

[Boiler 48,104]

Lots of people use the VWP with a B2 denial, first you need to update ESTA and see if you will be one of them.

[Cathi 5,888]

Don't plan on breaking any rules or laws

No he was happy I was intending to leave after my visit

I am 47 have no plans to get married anytime soon or to stay in the us illegally

Just wanted to visit my friends who have know for nearly 11 years and my girlfriend who I met through them in Sept 15

Coming to the US on ESTA for 3 months then coming back a mere 9 weeks later was a red flag. Even though you say you don't have plans to marry, many people change their minds and decide to stay and adjust status, that is what they are trying to prevent. There is nothing anyone can do here to help you, the proverbial cat is out of the bag, they know you have a US girlfriend and they don't want to take the chance that you will adjust status when you visit. In my opinion, being able to adjust status from a B2 should not be an option. Everyone should have to go through the entire process, including formal background checks, in their home countries before being granted the ability to immigrate here. Just my opinion

BTW attempting to sneak over the border through Canada is not a good, and you know it.

[hateadminforms 19]

The trouble is you abused the privilege of the VWP. It's for visits, not living in the USA in 3-month installments with short holidays in the U.K. in between. It's a privilege to visit. Not a right.

It was foolish to go for 3 months and try and go back again 9 weeks later. Added to the fact you have a girlfriend in the USA. It is very unusual for people to be able to take so much time off work. And now you plan to go back again for a few months (you say you want to go for Christmas and New Year now and it's only mid-November). You're going to come under the radar of the IRS soon also.

As recommended by others, give it a year or two before you apply again. Entering through Canada will not change things. You'll only make it more difficult for yourself. A grandchild and grown children are not strong ties. Curious as to why you're leaving this job for another in January if this job has such generous holiday allowance and pays very well (enough for you to afford several months a year travelling).

Your options are: meet your girlfriend in another country, your girlfriend comes to the UK, or you get married and immigrate.

My suggestion, speak to the Visa desk in London and lay it all out on the table. You are not banned but made a error caused by "finding a girlfriend and overstaying!"

The IRS issue above relates to 6 months residency and your tax in the UK - you will need to check. The IRS are not too clever but you open up a risk of someone making a call to them so you do need to be careful.

For me, pick an international airport or Florida where Brits are known to spend longer than 2 week normal durations, I have arrived in some smaller airports on business and had questions which felt like my teeth were all being pulled out.

Regarding being a red flag - Remember you can be a global traveller if you can prove self-sufficiency. I know of one married couple in the UK who rented out their property and used the income per month to travel up and down north and south America for 18 mths! They enjoyed themselves 100% and the pictures of beaches in our winter time were enough for many to unfriend them briefly on Facebook Proving you do not need a job and self-fund your stay is all they are seeking to know about you.

Most important, learn from the error, most travellers book 7, 14 or 30 day as a tourist tickets, the rest of us call the airline and get the return flight extended and pay the additional fee. It may seem a little shady, it is not, you are within your rights on ESTA or using a business visa and to GO HOME within the 90 days!

Good luck sorting out your problem.

Edited November 15, 2016 by hateadminforms

[hateadminforms 19]

My suggestion, speak to the Visa desk in London and lay it all out on the table. You are not banned but made a error caused by "finding a girlfriend and overstaying!"

The IRS issue above relates to 6 months residency and your tax in the UK - you will need to check. The IRS are not too clever but you open up a risk of someone making a call to them so you do need to be careful.

For me, pick an international airport or Florida where Brits are known to spend longer than 2 week normal durations, I have arrived in some smaller airports on business and had questions which felt like my teeth were all being pulled out.

Regarding being a red flag - Remember you can be a global traveller if you can prove self-sufficiency. I know of one married couple in the UK who rented out their property and used the income per month to travel up and down north and south America for 18 mths! They enjoyed themselves 100% and the pictures of beaches in our winter time were enough for many to unfriend them briefly on Facebook Proving you do not need a job and self-fund your stay is all they are seeking to know about you.

Most important, learn from the error, most travellers book 7, 14 or 30 day as a tourist tickets, the rest of us call the airline and get the return flight extended and pay the additional fee. It may seem a little shady, it is not, you are within your rights on ESTA or using a business visa and to GO HOME within the 90 days!

Good luck sorting out your problem.

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

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

BUT expect a re-route to https://www.cbp.gov as well.

Sorry but was unable to edit previous post to provide info.

[JFH 12,196]

My suggestion, speak to the Visa desk in London and lay it all out on the table. You are not banned but made a error caused by "finding a girlfriend and overstaying!"

The IRS issue above relates to 6 months residency and your tax in the UK - you will need to check. The IRS are not too clever but you open up a risk of someone making a call to them so you do need to be careful.

For me, pick an international airport or Florida where Brits are known to spend longer than 2 week normal durations, I have arrived in some smaller airports on business and had questions which felt like my teeth were all being pulled out.

Regarding being a red flag - Remember you can be a global traveller if you can prove self-sufficiency. I know of one married couple in the UK who rented out their property and used the income per month to travel up and down north and south America for 18 mths! They enjoyed themselves 100% and the pictures of beaches in our winter time were enough for many to unfriend them briefly on Facebook Proving you do not need a job and self-fund your stay is all they are seeking to know about you.

Most important, learn from the error, most travellers book 7, 14 or 30 day as a tourist tickets, the rest of us call the airline and get the return flight extended and pay the additional fee. It may seem a little shady, it is not, you are within your rights on ESTA or using a business visa and to GO HOME within the 90 days!

Good luck sorting out your problem.

Is this advice for real? Or are you joking?

Use an airport "where Brits are known to travel for longer than 2 weeks, like Florida". We are talking about a man of working age here. Yes, retirees from the U.K. and other places go to Florida for several months each winter but not men of working age with a girlfriend in the country. CBP can see how old he is, and his past travel history. Doesn't matter which POE you use, the process is the same. You don't honestly think a CBP officer will think "he's 47 years old, has a girlfriend in the country, has maxed out the VWP privilege at least once this year, now he wants to come back again for a few months, but this is Florida so we will let him in without question"? You surely don't even believe that would happen yourself.

The couple you made reference to with their 18-month trip is a whole other matter. Many people undertake "bucket list" trips once in their lifetime. Such big plans require B-2 visas and these are usually granted where people have a big once-in-a-lifetime trip planned, such has hiking the Appalachian trail or travelling the whole length of the continent. What we are talking about here is someone who had been (and was planning to continue doing so, had the rug not been pulled from underneath him) spending several months a year by doing the VWP visit shuffle (90 days in the country, a few weeks out, and 90 days in again).

As for buying a ticket and changing the date, what good would that do when asked by CBP at POE how long you are staying this time? I hope you are not suggesting he lies? In over 40 entries into the country I have been asked "how long" about 90% of the time. Being the wife of a USC always makes the CBP officer that little bit more cautious and I have been asked to show proof of a flight booked on the date I have said I am leaving. He's in enough of a mess as it is with a visa denial - please don't suggest he should start lying to CBP as well.

I don't know which "smaller airports" you are referring to. CBP inspections occur at the first airport you arrive at (apart from pre-clearance locations) and these are all huge international airports. Flights from Europe don't land at smaller, obscure airports. If your final destination is a small one-gate airport in the middle of Montana where they have probably never seen anyone from another state, let alone another country, you will not encounter CBP officers there. That will have been dealt with when you landed at your hub. Although if he takes your advice and lies to the CBP officer about his duration then he won't even make it to his destination anyway so that's moot.

[Soup Dragon 104]

I have no idea went for 3 months came home for 9 weeks went back out there no secondary which I was expecting , but then got pulled at customs asked me if had had a secondary said no had to then wait for his supervisor. Who checked my bags etc and during the conversion he advised to leave it longer before my next trip or to apply for the visa

Had I known was not that easy to get one would never have applied and just returns on my esta as have been back in the UK for 3 1/2 months now

A few of my friends from the US where here for a weeks holiday last week and plan was to return with them

Now have no idea what to do as not broken any laws or rules but seem to be stuck here

VWP is for 90 days, not three months, I assume you came home before those 90 days were up?