Does B2 visa denial affect K1 visa application ?

[az2014 381]

Sounds like you have hardly any ties to your home country. A B2 visa seems unlikely, but only the fee to lose.

 

Do let us know the outcome of the B2 interview.

[helloworld9 1]

12 minutes ago, geowrian said:

They may ask about family, but really that's usually not considered a particularly strong tie. The biggest item in your favor is your passport - low fraud countries generally have good credibility.

Do you have a job? If so, a letter stating when you are due back can be produced.

If you are the primary caretaker for a family member, that may be something.

The CO may or may not look at any supporting evidence...generally the DS-160 contains what they need to make a decision, but it can help in borderline cases.

Is France a low fraud country? I hope so..

I now have a job but my contract ends in July but I plan to find a work after I come back from the US but I can't prove that with anything  

[helloworld9 1]

19 minutes ago, marloush said:

Is France a low fraud country? I hope so..

I now have a job but my contract ends in July but I plan to find a work after I come back from the US but I can't prove that with anything  

I hope not*

[geowrian 22,335]

26 minutes ago, marloush said:

Is France a low fraud country? I hope so..

I now have a job but my contract ends in July but I plan to find a work after I come back from the US but I can't prove that with anything  

Yes, any VWP country is generally considered pretty low fraud. Specifically, France has ~7% refusal rate for tourist visas last fiscal year.

I would suggest applying before the job change, if possible.

8 minutes ago, marloush said:

I hope not*

"I hope so" (RE: "low fraud") was correct.

[helloworld9 1]

14 minutes ago, geowrian said:

Yes, any VWP country is generally considered pretty low fraud. Specifically, France has ~7% refusal rate for tourist visas last fiscal year.

I would suggest applying before the job change, if possible.

"I hope so" (RE: "low fraud") was correct.

Okay, thank you for your quick responses! I will try to submitt before the job ends

[Teemo 252]

1 hour ago, marloush said:

I went there one week in january and 2 weeks in april. I went back home between those two trips. 

I did not travel to risk countries and commit any crime but having my ESTA denied for no reason makes me feel like I committed some crimes really...

Based on this, there is no reason you should be denied ESTA. Those are normal length trips with normal length of time in between them and you have demonstrated at least twice that you won't overstay and will respect the laws of this country. And also you are not using the VWP to come here for 6 months, leave for 2 weeks, then come back for another 6 months which isn't technically an overstay but shows the intent to live here. Again, you are not showing that. So something is wrong that you got denied, unless you know of some issue you had at a port of entry or you got arrested and you haven't told us yet. You should do what you can to find out if they made a mistake and how they can correct it. Is there a customer service line for ESTA? Failing all else, you can submit a FOIA which is free but takes a few months (www.uscis.gov/g-639).

 

In terms of applying for a B2, like @geowriansaid, France is a low-fraud, low-risk country, which is why it's a VWP country, so the IO would not likely deny on immigrant intent unless there was something compelling that made him thought so. In other words, the burden of proof to prove strong ties to your home country are not as high as other countries as virtually all your countrymen and women return to their country on time. There is no reason to lie or be afraid of the fact you have a bf in the US, many people date internationally without plans to overstay or circumvent the immigration process. 

[helloworld9 1]

8 minutes ago, Teemo said:

Based on this, there is no reason you should be denied ESTA. Those are normal length trips with normal length of time in between them and you have demonstrated at least twice that you won't overstay and will respect the laws of this country. And also you are not using the VWP to come here for 6 months, leave for 2 weeks, then come back for another 6 months which isn't technically an overstay but shows the intent to live here. Again, you are not showing that. So something is wrong that you got denied, unless you know of some issue you had at a port of entry or you got arrested and you haven't told us yet. You should do what you can to find out if they made a mistake and how they can correct it. Is there a customer service line for ESTA? Failing all else, you can submit a FOIA which is free but takes a few months (www.uscis.gov/g-639).

 

In terms of applying for a B2, like @geowriansaid, France is a low-fraud, low-risk country, which is why it's a VWP country, so the IO would not likely deny on immigrant intent unless there was something compelling that made him thought so. In other words, the burden of proof to prove strong ties to your home country are not as high as other countries as virtually all your countrymen and women return to their country on time. There is no reason to lie or be afraid of the fact you have a bf in the US, many people date internationally without plans to overstay or circumvent the immigration process. 

Hello Teemo, 

 

Thank you for taking the time to answer my question

At the immigration in January, at the airport, the agent asked where I was going to stay, I said at my friend's house. he then asked, "is it a guy?" I said yes, he asked "why are you staying at his place?" I said "because I like him, we want to spend time together." And I did not lie because we weren't dating at that time. he didn't ask more question and let me in.

I was able to go back in April in the US so I guess that is not the reason why my ESTA got denied. 

I haven't had any problem entering the US until now. I really don't feel like I did something wrong. I wonder what happened. 

 

I called a number to find out why my ESTA was approved then denied after my two trips and the guy said he could not tell me and that I have to apply for a visa.

Can a FOIA be used to ask why it got denied? 

[helloworld9 1]

52 minutes ago, Teemo said:

Based on this, there is no reason you should be denied ESTA. Those are normal length trips with normal length of time in between them and you have demonstrated at least twice that you won't overstay and will respect the laws of this country. And also you are not using the VWP to come here for 6 months, leave for 2 weeks, then come back for another 6 months which isn't technically an overstay but shows the intent to live here. Again, you are not showing that. So something is wrong that you got denied, unless you know of some issue you had at a port of entry or you got arrested and you haven't told us yet. You should do what you can to find out if they made a mistake and how they can correct it. Is there a customer service line for ESTA? Failing all else, you can submit a FOIA which is free but takes a few months (www.uscis.gov/g-639).

 

In terms of applying for a B2, like @geowriansaid, France is a low-fraud, low-risk country, which is why it's a VWP country, so the IO would not likely deny on immigrant intent unless there was something compelling that made him thought so. In other words, the burden of proof to prove strong ties to your home country are not as high as other countries as virtually all your countrymen and women return to their country on time. There is no reason to lie or be afraid of the fact you have a bf in the US, many people date internationally without plans to overstay or circumvent the immigration process. 

Okay maybe that's the reason why it was denied...

if you look at my travel history, to them, I never left in January.. it says unavailable

see the picture attached

Edited June 6, 2018 by marloush

[SusieQQQ 11,584]

3 hours ago, marloush said:

I went there one week in january and 2 weeks in april. I went back home between those two trips. 

I did not travel to risk countries and commit any crime but having my ESTA denied for no reason makes me feel like I committed some crimes really...

It wouldn’t be “for no reason”.  We just haven’t figured out what the reason is. 

[SusieQQQ 11,584]

19 minutes ago, marloush said:

Okay maybe that's the reason why it was denied...

if you look at my travel history, to them, I never left in January.. it says unavailable

see the picture attached

Then they would have asked you about it in April if that was an issue. That online history we see can be unreliable, they state that somewhere when you access the system. They know you departed, which is the important thing, where from doesn’t matter. 

Edited June 6, 2018 by SusieQQQ

[az2014 381]

1 hour ago, Teemo said:

Based on this, there is no reason you should be denied ESTA. Those are normal length trips with normal length of time in between them and you have demonstrated at least twice that you won't overstay and will respect the laws of this country. And also you are not using the VWP to come here for 6 months, leave for 2 weeks, then come back for another 6 months which isn't technically an overstay but shows the intent to live here. Again, you are not showing that. So something is wrong that you got denied, unless you know of some issue you had at a port of entry or you got arrested and you haven't told us yet. You should do what you can to find out if they made a mistake and how they can correct it. Is there a customer service line for ESTA? Failing all else, you can submit a FOIA which is free but takes a few months (www.uscis.gov/g-639).

 

In terms of applying for a B2, like @geowriansaid, France is a low-fraud, low-risk country, which is why it's a VWP country, so the IO would not likely deny on immigrant intent unless there was something compelling that made him thought so. In other words, the burden of proof to prove strong ties to your home country are not as high as other countries as virtually all your countrymen and women return to their country on time. There is no reason to lie or be afraid of the fact you have a bf in the US, many people date internationally without plans to overstay or circumvent the immigration process. 

You seem to think there has to be a valid reason in your eyes for an ESTA to be denied? There doesn't. Its a privilege not a right. Finding out the reason why it was denied is pointless. They don't need to give you or anyone any information as to how or why they reach their decision to grant or deny. By using the VWP you waive the right to a review and appeal. Do you not bother reading what you apply for? Jeez.

 

It wont change anything. The OP has already been advised what they need to do - apply for a visa.

[helloworld9 1]

24 minutes ago, SusieQQQ said:

Then they would have asked you about it in April if that was an issue. That online history we see can be unreliable, they state that somewhere when you access the system. They know you departed, which is the important thing, where from doesn’t matter. 

I heard sometimes ESTA can be updated very late after a trip so I was thinking that was the reason. 

Because looking at this travel history, looks like I overstayed but I never did. Perhaps, they saw this and denied my esta after my trip in April. It is just a supposition.

I will try to contact the CBP so they can correct this error.. if the agent at the embassy checks my travel history, it won't be good for me if the dates stay like they are right now.

[Teemo 252]

8 minutes ago, az2014 said:

You seem to think there has to be a valid reason in your eyes for an ESTA to be denied? There doesn't. Its a privilege not a right. Finding out the reason why it was denied is pointless. They don't need to give you or anyone any information as to how or why they reach their decision to grant or deny. By using the VWP you waive the right to a review and appeal. Do you not bother reading what you apply for? Jeez.

 

It wont change anything. The OP has already been advised what they need to do - apply for a visa.

Yes there is almost always a valid reason for ESTA to be denied. It is not randomly denied, nor are they denied just for shi** and giggles, or to prove a point. It is not a lottery or random drawing. If you fit all the criteria for ESTA, you almost always get it, pending the customary inspection of CBP.  Immigration in general is a privilege but that's just a cliche that doesn't mean mistakes aren't made and privilege is not the same as random. 

 

Finding out the reason it was denied is not pointless. First, it could be CPB error, in which case getting it fixed or redressed would open up the VWP again, as opposed to B2. There are specific ways to get it redressed, that is why they exist. Second, OP is asking if this will affect K1 or not - how do we know if the reason for denial of ESTA won't be the reason for denial of K1? We won't know until we figure out why she was denied. 

 

Yes of course in the meantime applying for B2 concurrently is the right thing to do. Doesn't mean she should not make every effort to correct a mistake.

1 hour ago, marloush said:

I called a number to find out why my ESTA was approved then denied after my two trips and the guy said he could not tell me and that I have to apply for a visa.

Can a FOIA be used to ask why it got denied? 

FOIA will just get you your whole file, and you can try and figure out what in your file is the issue, but it may be redacted. So you can do it. but better option is apply for redress on DHS TRIP and the point of that is to redress if you think you were unfairly denied VWP. I don't know if you have any other recourse. At your B2 interview you can try and find out what is wrong too. 

[Teemo 252]

8 minutes ago, marloush said:

I heard sometimes ESTA can be updated very late after a trip so I was thinking that was the reason. 

Because looking at this travel history, looks like I overstayed but I never did. Perhaps, they saw this and denied my esta after my trip in April. It is just a supposition.

I will try to contact the CBP so they can correct this error.. if the agent at the embassy checks my travel history, it won't be good for me if the dates stay like they are right now.

Your dates are right on the travel history though. It says you left after 1 week and then after 2 weeks. 

[helloworld9 1]

5 minutes ago, Teemo said:

Your dates are right on the travel history though. It says you left after 1 week and then after 2 weeks. 

okay so that can't be the reason. I will send a redress to DHS and ask during the interview why it got denied. 

Thank you for your help