Spruu

In addition, there was likely an I 275 produced and sent to our embassy that may contain other info or details that weakened your b2 application even further.

So basically I'm flagged in the system just because I only have the intention of visiting my boyfriend and his family. I wanted to celebrate both his birthday and mine with him and apparently the CO believes I want to go to the US for something more than visiting.

Filling up form with information about me and send to the embassy that may contain other information or details, information or details that I do not know about that weakens my case? I'm sorry but I find this quite unfair for someone that only has the purpose of -visitng- the US.

Yes I'm aware that a lot of people take advantage over visas and end up staying in the US and all that but I am not that case. While I'm sitting here quite frustrated for not spending a couple of months with my boyfriend, there's someone out there with a B2 visa and with the actual intent of staying there.

frequently when citizens of VWP countries apply for B2s, they undergo a lot more scrutiny...for several reasons...first, why can't you (or anyone else from a VWP country) just visit for <90 days?

I explained a few posts earlier why I applyed for the B2 visa.

I had a trip scheduled for the 22nd of January and I was denied boarding in Frankfurt, reason why I still don't know. A few minutes after such denial I got an e-mail with a Status Update on my ESTA. To this I filled a DHS-TRIP to know the reason of such denial.

My trip was scheduled for me to celebrate both my birthday and my boyfriend's birthday where he lives, since last year we both celebrated our birthdays where I live. This trip was shortened from three months to 2 months if that still matters. But I guess it doesn't.

You want to visit your boyfriend for 3 months but you have no plans it seems to take the relationship further. It could be me, but it does look odd.

All the information about your Boyfriend is irrelevant to showing why you would return. It suggests the opposite.

A job interview is meaningless which is why I say you should move it up and get a Job with a start date. You could then have showed your Contract of employment,

I fully understand your point however the trip wouldn't be for three months anymore considering that my job interview is scheduled for April.

His information was simply to show he's willing to finance my trip from X to Y month (it's explicit in his invitation letter the timestamp).

Both me and my boyfriend talked about marriage a few times but it's a subject that still makes us feel somewhat uncomfortable, most likely because we feel we're not ready for such step in our lives yet. However we do know we want to be with each other. Till the right moment comes we would like to continue visiting each other, reason why I applied for the B-2 visa. In the meantime I will be working to both help my parents and put money a side to a future trip.

Is this still odd?

(please don't take this as arrogance, I'm simply sad that all these complications are making it impossible for me to be with my boyfriend for a while)

How can you have an interview months away? Isn't the point of jobs to fill an emergent need for work? And having an interview doesn't mean you will get the job...

I had a Trip scheduled to visit my boyfriend and his family and this interview was scheduled for me to attend once I return to Portugal.

None of what you listed showed why you must return to Portugal, some of it has the opposite effect.

The one thing I thought that would help is having a job with a start date, I did mention it, did you do that?

It sounds like the idea is for your BF to move to Portugal, did you include anything to support that?

All the documentation I listed was the documentation required once I scheduled the interview. They asked for all that documentation in the application itself. I don't understand how what I listed shows the opposite effect when I do have ties with my country.

I handed them the Interview letter for the job offer I have with specific date on it, April 28th at 10am.

About my boyfriend moving to Portugal, I did not include anything of that. First because he wouldn't be able to find a job in my country due to all the financial situation that is going on here, only with connections you get a job in Portugal right now; Second because he doesn't know Portuguese and third, because he still has a job where he lives and in June he's traveling to Thailand for two months.

Ok, back with updates.

For me this was a surprise considering I had more than information (paperwork) to back me up in this interview however none of it was requested by the Consular Officer, and I mean it. Nothing was asked.

My B2 visa was denied under the Section 214(b).

A denial under Section 214(b) means that you were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the non-imigrant visa for which you applied.

(...)

Applicants usually meet this requirement by demonstrating that they have strong ties overseas that indicate that they will return to a foreign country after a temporary visit to the United States. Such ties include professional, work, school, family or social links to a foreign country

Keep us posted on the outcome of your visa interview.

Good luck!

Will do and thank you!

sorry, but no one else may accompany you to your visa interview....there is one and only one applicant...your father cannot control your actions nor decisions more than anyone else...

I'm new to this so thank you for letting me know.

I know. These are mostly rhetorical questions. The person who interviews you will be thinking these things. It will be your job to convince them otherwise.

My father wants to come with me to this interview in hopes that he can testify the job interview since the letter was handed to him by the owner of the company himself.

If needed a call can be made to the owner of the company to prove it.

But your bf and his mom will pay for everything in the US. Why would you leave a life of leisure to go home and be a worker who has to do things?

Because, at this point, I do not intend to move to the US. I'ts not on my plans nor I will stay and abuse my luck by having everything payed by someone else.

-If- I move, (if) I want to do it the right way and at the right time and, right now, it's not the right time for me to do such thing. I have priorities in my life right now, which one of them is getting this job and, moving to the US, at this very moment, is not one of them, reason why visiting is the best option for me. I don't want to go into details about my other priorities because they're personal.

I hope you'll understand.

It is possible to show that someone will cover your costs, but it makes your case much more weak. The fact that people in the US are willing to pay for you to be there, makes it seem less and less likely that you could return to Portugal to work.

If you are an international traveler, in most cases you should be able to pay for it yourself.

Well, I will present everything I have to support that I do not intend to stay in the US and that I do want to return to my country, including the job interview that I have in my country where my father works, that I absolutely refuse to miss because I do want and need that job.

I also have medical appointments and exams already scheduled that I can't miss in any way.

Exactly.

I have evidence that two people are willing to cover my costs.

I'm sorry but there might be something lost in translation since I'm Portuguese and English is my second language.

You can not sponsor a visitor visa.

So the plan is that your BF will move to Portugal, what do you have in the way of evidence, that could help.

This is what I got from the website http://travel.state.gov/content/visas/english/visit/visitor.html

Let us how the interview goes, first time I have heard of someone being refused prior to boarding.

Will do.

When I told my boyfriend about what happened he immediately called Homeland Security to know if these cases are normal and if there was something I could do. They told him that I just had to fill a report at DHS-TRIP telling everything that happened so they could investigate the case. After this he called the CBP and the US Embassy as well. He pretty much called everyone to know the procedures I could take in order to demystify the reason of such denial.

From the website of the DHS-TRIP, the automatic message after searching the status on my case provides two possibilities and they are 1) incorrect information or 2) mistaken identity. (probably the most common ones)

This happened on the 22nd of this month (January) and I already have a scheduled interview at the US Embassy in Lisbon, Portugal to get a B2 Visa. I will be taking with me the copy of the report I made along with the signed document after submitting the report as proof that something happened, along with the letter I got for a job interview where my presence is mandatory, medical appointments that I refuse to miss ( I need them) along with two declarations of two people who -want- to sponsor my return to California, both my boyfriend and his mother.

*crossing fingers*

From a Fellow Portuguese, at your POE just be honest, be relaxed and have all your flight plans in your hand. I have been traveling to the US since 2010 and all the time they were nice and when they asked me about what i was doing in the US I always told them I was going to visit my boyfriend (first time), my fiancé (second time), on third time no questions asked (got married that last time). I guess all depends on who's making the questions. I actually was advised not to travel there this time due to the fact i had a spouse visa process going on.

Just be "calm".

As it was advised here I shorten up my trip. I was excited for this trip just like the first time. However it didn't go like everyone was planning.

However, when I was about to board in Frankfurt, Germany, on my way to Washington DC they didn't let me go.

The Lufthansa Star Alliance lady called an immigration officer and he made me a ####### tone of questions in front of -everyone-. What I mean by -everyone- is that, all this happened in front of the boarding gate, where people who were boarding along with other airlines assistants and security officers could hear and see everything and, by consequence, I cried like a baby because of the immigration officer.

For some reason he seemed pretty convinced I was going to the US to look for a job, when I wasn't, and I'm not. He seemed to have his mind already set to deny me. I even handed him a letter of a job interview that I have in Lisbon, Portugal (where I reside) as proof that I do not intend to travel to the US for a job. It happens that he ->declined<- seeing such letter and simply told me " There's no need for that, I'm sorry ma'am but I can't let you go on this plane". A few minutes later I got an e-mail with my ESTA status update to " Travel Not Authorized".

The security officer, who payed attention to what was happening next to the boarding gate, asked me what happened exactly and he also was confused, and kind of speechless, about what happened and he even apologized for not being there to help me. The other people who helped me, I told them exactly what happened and they also didn't understand why the immigration officer declined me boarding in the plane.

I had assistance from the counselor of the Lufthansa Star Alliance on what to do due after what happened. Even had assistance from janitors from the airport, along with boarding assistants that were in their break, or about to go to work, who let me use their phone lines so I could contact my boyfriend along with family. Then I went to the United Airlines to get a trip back home for the next day.

I already reported the situation to the DHS-TRIP to find out exactly the reason why I got denied boarding, along with ESTA revoked from further use where the process is already under investigation and, I already have a scheduled interview in the US Embassy in Lisbon for a Tourist Visa (B2) for next week.

Depends on where the layovers are. The 90 days starts the day you land in the U.S. and includes your time in the U.S./Canada/Mexico/the Caribbean. Normally, what that means is that it is the time from when you land in the US until the time you leave the US. (In your original plan, that appeared to be from your arrival on Jan. 20 -- although it was actually the 21 -- until your departure on April 20.) If, however, you leave the U.S. and your layover is in Canada or Mexico, for example, that period would also count against the 90 days, since you must leave the US and its contiguous territories.

God! thank you for explaining that to me. The CBP is not clear at all at providing me that info. I've been messaging them since yesterday and they don't give me clear information at all.

I'm just confused because they are not straightforward at all like you were. Thank you very much

Does anyone know if the time spent traveling is also included in the 90 days stay under the VWP?

I ask this because my trip is going to have long layovers both going to California and then returning home. I will be having layovers that can go till 11 hours waiting for my next flight.

If anyone knows if the flight duration is included in the 90 days stay it would be precious information.

Arriving on the 21st and not the 20th?

That would put it at 90 days.

I re-scheduled the trip from 20th of January - 20th of April to 20th of January - 18th of April

Just counted it out again.

Someone with more knowledge than me might know but do they count the day you arrive as part of the 90 days?

If they do then including the day you arrive and the day you leave then it's 91 days.

Yeah I counted it again as well.

About knowing if they count with the arrival date I'm also not sure, I just know that my trip will have a total time of more than 24h, meaning I will be departing on the 20th of january but arriving in California on the 21st.

Since I'm already fearing that I might be indeed over staying in my trip I'm already proceeding to re-schedule my trip to the 18th of April.

Call me old fashioned but have you thought of looking at a calender and counting the days?

I did, and though I accept that I may have miscounted but I came up with 91 days for your stay.

Is it really worth risking your future ability to travel to the States for the sake of 1 day?

I did it that way as well before my previous post Then I proceeded with the math. Unless I miscounted but I got 90 days again.

I even used a simulator online and I got as result 12 weeks and 6 days

All this is confusing me already and I'm feeling scared and lost in all these comments and I'm not making sense anymore.

Sorry -- I don't know what the formula is for this website, but Jan. 20th to April 20th is exactly 13 full weeks (Mon.-Sun.) Your arrival and departure days count. 7X13 = 91. This site appears to be counting nights in the US -- so, if you spend 90 nights and leave the next day, you are leaving on the 91st day, not the 90th. Not trying to be difficult -- just want you to look at it carefully so you don't cause problems for yourself. Really good news that the first trip was shorter than you originally indicated. Again, good luck.

You are forgetting that February next year will have only 28 days.

January = 31 days

February = 28 days

March = 31 days

31 + 28 + 31 = 90 days

If February had 29 days like this year, then yes, I would be over staying with my VWP, however, since it has only 28 days, it makes it 90 days total (89 nights like the simulator showed me)

Your first visit was for more than 90 days.

I used the same exact system that I showed in my spoiler previously, which is kind of impossible for me to have exceeded my time there.

I re-checked the dates and it was from 20th of June till the 17th of September. The ITA system shows the time frame according to the days you choose to travel.

Since I can't edit my Original Post I want to say here that my first trip to the US was from 20th of June till the 17th of September.

I don't want to add to your worries, but word of caution -- the 90 day period is 90 calendar days, not 3 months since, as you know, some months have more than 30 days. The period from Jan. 20 to April 20 is actually 92 days if you count them (if I counted right, that is, and, yes, it makes a difference to US immigration). So, you would be leaving on the 92nd day -- good thing you decided to change your ticket! (And, not to cause additional worries, but I would check the June to September visit -- I think, if you didn't leave until Sept. 17, you might have overstayed a day or so on that trip.) Good luck.

February will have 28 days next year, which makes 2 days less in the calendar.

I used ITA to calculate the amount of days, we chose the time to stay according to the day you pick it will give you the departure and arival. Bellow follows an example:

This website gives you the length of your stay and the day your trip ends. My trip was scheduled by me from the 20th of January till the 20th of April, meaning I will be staying 89 days and not 90.

On my first trip from June till Septembed I did leave on the 17th at 4 something pm.

immigration to the US, or traveling to see a loved one, is stressful. I give honest answers. I'm sorry I made you cry. It is not personal

good luck

It was a good cry since you said that it sounds like I'm prepared for the trip and then you wished me good luck. :')

It is not basically a privilege, it IS a privilege to visit the US, When we began to take that for granted is when I was denied entry twice.

I see you are traveling for exactly 90 days. I recommend you change your flight to depart a few days earlier. If unforeseen circumstances arise where you cannot leave on time (weather, a volcano eruption in Iceland, etc) then you lose the ability to use the VWP due to an overstay.

It sounds like you are prepared for your trip, good luck

I will change it to 85 days just for precaution.

you made me cry once you said. Thank you for the support! It means a lot.

It sounds like you are prepared for your trip, good luck

Spruu,

We've had some challenges using the Visa Waiver Program for my spouse's visits from Australia. There are not any hard, fast rules except that you must not stay in the US over 90 days. However, there are quite a few unwritten rules that can be applied by the border officer as he or she sees fit.

My spouse was told by the border officer that she needed to stay OUT of the US longer than she stayed in. So...if you stay here for 90 days, you should be in your home country for more than 90 days when you go back. We got in trouble when she was in the US for 85 days, then she was in Australia for 10 weeks, then she came back for 87 days, then was back in Australia for only 8 weeks.

And, yes, you should show strong ties to your home country - usually work.

Be careful. I know how much you want to see your partner, but during your immigration process, be very careful!

Sukie

I will be coming back home because I will have another working contract for, as far as I know, another three months.

I wouldn't have a reason to return to the US that soon, after my return home, since my partner is going to travel to Thailand for two months, meaning I will be staying home for at least five months.