B2 visa urgent advice!

[Adam6060 0]

Hi guys thanks for taking the time to read 
I am in need of some urgent advice 
Some background about me I am a 26 year old British born citizen 

I wanted to travel to USA some years back but I am ineligible for an esta due to previous arrests (I have no convictions) 

I have been refused a b2 visa 3 times under section 214b, understandably I did not show strong enough ties to the UK. 


The first 2 times I applied, was for general tourism, the third time I'd ended up meeting an American girl who I wanted to go visit. All 3 times were refused. I believe my last attempt was in 2018/2019.


Ever since then, there has been a change of circumstances 

1) Me and the American lady are now married, she came to visit me in UK a number of times, and we ended up getting married in Pakistan which is both of our native countries. 
She will be moving to the UK, I am just preparing documents for the visa application. She spent about 1 year in the UK before going back to America in order for me to begin her visa 

2) I now have a very strong tie to the UK, which is a business I started in 2020, which is now turning over around £300,000 per year which I have documentation for. 

3) my wife is now pregnant with our child and is due in the next couple months. I really want to be present during the birth for many obvious reasons, but I also understand this would generate a strong tie to the USA. 

Is it likely under these new circumstances I may be accepted for the B2 visa? All my family is in the UK, I have a large expanding business over here which I wouldn't just give up, and finally if I intended on immigrating to the USA, I believe I could more than likely get a greencard, which I am not interested in doing so. 


Also worth mentioning, all 3 occasions when I went for a interview at the embassy, my arrests never presented any issues and I was told they don't make me inillegible, due to no charges and no convictions, the main issues were not showing strong enough ties to the UK 

[Mike E 11,754]

Because you’ve married a USA citizen your ties to the USA have never been stronger.  So I would not expect success this time either.  
 

Self-employment is weak time compared to being employed by someone who has demands on your time.  
 

300K revenue or 300K =  net income + the salary you pay yourself?
 

 

Edited February 28, 2022 by Mike E

[Redro 4,623]

2 minutes ago, Mike E said:

Because you’ve married a USA citizen your ties to the USA have never been stronger.  So I would not expect success this time either.  
 

Self-employment is weak time compared to being employed by someone who has demands on your time.  
 

 

Add wanting to go to the US for the birth of your child. 

All of you family is not in the UK. You have one (soon to be two) immediate relatives in the US. 

[Adam6060 0]

Just now, Kor2USA said:

Add wanting to go to the US for the birth of your child. 

All of you family is not in the UK. You have one (soon to be two) immediate relatives in the US. 

Very good point something which I missed. 

 

Would there not be mitigation on the fact that I could most likely move to the USA by legitimate means if that was my intention, so why would I want to abscond on a B2 visa? 

 

I looked into the green card process and I meet most requirements except...the requirement that I have to have a genuine intention to relocate to the states...which I don't 

[Mike E 11,754]

11 minutes ago, Adam6060 said:

Very good point something which I missed. 

 

Would there not be mitigation on the fact that I could most likely move to the USA by legitimate means if that was my intention, so why would I want to abscond on a B2 visa?  

The consulate is less worried about you over staying your B-2 than it is by you simply filing an I-485 package to stay in the USA.  
 

Secondarily  that you are self employed cuts against you because you determine your hours of work and also because you can possibly do the work remotely from the USA (which is not legal until you get an employment authorization document).  
 

You should certainly try to get the B-2, especially since lead times are measured in months to years to get a visa.  But prepare for a denial. 

Edited February 28, 2022 by Mike E

[Redro 4,623]

7 minutes ago, Adam6060 said:

Very good point something which I missed. 

 

Would there not be mitigation on the fact that I could most likely move to the USA by legitimate means if that was my intention, so why would I want to abscond on a B2 visa? 

 

I looked into the green card process and I meet most requirements except...the requirement that I have to have a genuine intention to relocate to the states...which I don't 

Unfortunately,  The US doesn't have a special visa for family members who just want to visit and have no intention of staying.

The entire process is built around showing NO IMMIGRANT INTENT for non-immigrant visas OR having someone petition you for residency.

You'd have to convince the CO you only wanted to visit the US for the birth of the baby... and you are totally happy to leave your wife and child behind after the birth. 

I'm thinking that would be a hard sell. You might not have a genuine intention to move now... but I could see you changing your mind the closer you get to the due date.

 

[Adam6060 0]

3 minutes ago, Mike E said:

The consulate is less worried about you over staying your B-2 than it is by you simply filing an I-485 package to stay in the USA.  
 

Secondarily  that you are self employed cuts against you because you determine your hours of work and also because you can possibly do the work remotely from the USA (which is not legal until you get an employment authorization document).  
 

You should certainly try to get the B-2, especially since lead times are measured in months to years to get a visa.  But prepare for a denial. 

Thanks for your quick replies Mike, can you explain what you meant by the first sentence, consulate is less worried about me overstaying my B2, than by me filling out an I-485, what do you mean by this? 

 

I don't have high hopes at all, but I will certainly give it a final shot. 

[Adam6060 0]

4 minutes ago, Kor2USA said:

Unfortunately,  The US doesn't have a special visa for family members who just want to visit and have no intention of staying.

The entire process is built around showing NO IMMIGRANT INTENT for non-immigrant visas OR having someone petition you for residency.

You'd have to convince the CO you only wanted to visit the US for the birth of the baby... and you are totally happy to leave your wife and child behind after the birth. 

I'm thinking that would be a hard sell. You might not have a genuine intention to move now... but I could see you changing your mind the closer you get to the due date.

 

Thank you for your reply

My work definitely cannot be done remotely, I own and operate a flooring and furniture showroom here in London, but I understand your point. 

 

In regards to whether I'd change my mind, again, there is 0 chance of me changing my mind, America is the last place on earth I'd want to be breaking the law.. 

 

Further to that, we are applying for my wifes spouse visa for the UK...the expedited process is only about a month... I wouldn't be away from the child long enough for me to even consider wanting to overstay a visa.. 

[Redro 4,623]

Would like to add wait time for a B2 visa appointment right now is 180 days in London.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

This doesn't mean you'll get an appointment in 180 days though. If you read around the forum this doesn't mean you can interview in 180 days. 

A member in an earlier thread managed to secure an interview in Krakow for September 2022 early February even though the wait time is listed as 21 calendar days. 

[Adam6060 0]

9 minutes ago, Mike E said:

The consulate is less worried about you over staying your B-2 than it is by you simply filing an I-485 package to stay in the USA.  
 

Secondarily  that you are self employed cuts against you because you determine your hours of work and also because you can possibly do the work remotely from the USA (which is not legal until you get an employment authorization document).  
 

You should certainly try to get the B-2, especially since lead times are measured in months to years to get a visa.  But prepare for a denial. 

Would you say there is anything I can do / say / show to them, in order to strengthen my case? 

[Redro 4,623]

6 minutes ago, Adam6060 said:

Thank you for your reply

My work definitely cannot be done remotely, I own and operate a flooring and furniture showroom here in London, but I understand your point. 

 

In regards to whether I'd change my mind, again, there is 0 chance of me changing my mind, America is the last place on earth I'd want to be breaking the law.. 

 

Further to that, we are applying for my wifes spouse visa for the UK...the expedited process is only about a month... I wouldn't be away from the child long enough for me to even consider wanting to overstay a visa.. 

The spouse of USCs are allowed to adjust status to a residency visa from a B2 visa after they arrive. 

Intending to visit the US with the idea you will adjust is immigration fraud.

But, there is a forum on VJ outlining the process as sometimes people have to adjust from work, student or tourist visas and this is allowed. 

Because you have a pregnant wife in the US you are more likely to change your mind once you arrive. You'd have to convince the CO there is ZERO chance of you changing your mind. 

 

You can try for a tourist visa but I'm not sure you'll be able to secure an appointment before the birth of the baby. And I'm not sure you can convince the CO you have every intention of returning to the UK. 

Edited February 28, 2022 by Kor2USA

[Adam6060 0]

Just now, Kor2USA said:

The spouse of USCs are allowed to adjust status to a residency visa from a B2 visa after they arrive. 

Intending to visit the US with the idea you will adjust is immigration fraud.

But, there is a forum on VJ outlining the process as sometimes people have to adjust from work, student or tourist visas and this is allowed. 

Because you have a pregnant wife in the US you are more likely to change your mind once you arrive. You'd have to convince the CO there is ZERO chance of you changing your mind. 

Thank you, this is helping to clear up why there are such high levels of suspicion involved and I do not blame them either. Would you be able to suggest any ways, which I could strengthen my case? 

[Redro 4,623]

3 minutes ago, Adam6060 said:

Thank you, this is helping to clear up why there are such high levels of suspicion involved and I do not blame them either. Would you be able to suggest any ways, which I could strengthen my case? 

Apply. 

Explain your situation/the truth and hope for the best. There is nothing more you can do. 

Then come back to the forum and report back. I'd like to hear a success story. Generally people do not follow up. 

 

Edited February 28, 2022 by Kor2USA

[Adam6060 0]

11 minutes ago, Kor2USA said:

Apply. 

Explain your situation/the truth and hope for the best. There is nothing more you can do. 

Then come back to the forum and report back. I'd like to hear a success story. Generally people do not follow up. 

 

Will definitely give it a shot and will definitely report back. 

[Redro 4,623]

Just now, Adam6060 said:

Will definitely give it a shot and will definitely report back. 

Good luck! 

And you might not be able to secure an appointment as soon as you sign up/pay.

They don't release all the appointments at once so plan on checking once or twice a day.

Even if you secure an appointment double check in case they release earlier appointments. 

You can read about this member's experience with securing an appointment here.