Denied J1 & F1 due to Immigrant Intent

[MDunne 0]

So 2 days ago I was denied both a J-1 to work for the summer and an F-1 to start a postgrad course in the Fall because I answered yes to wanting to marry my girlfriend and was told I have immigrant intent.

We currently have received our NOA1 and are expecting NOA2 in July/August.

Due to my denial I am assuming that I will be unable to get ESTA visa waiver approval.

SO!! Am I able to get a tourist visa so that I can at least go the states for a while?

If I prove I have to return to a job and I have a return ticket and have never overstayed the other 5 J-1 visas I've had.

I stupidly thought that I could just run the J-1 into the F-1 into the K-1. So I didn't have a job or anything tying me to the UK but I have a job now and would of course get a return ticket this time around.

Any advice or previous experience would be greatly appreciated, as with everyone on this site I just want to be with my future wife!

[baron555 934]

Most likely you'll not be granted any kind of other visa except the K-1. You'll have to stay in your country or meet your USC fiance somewhere else or they visit you.

[lost_at_sea 995]

So 2 days ago I was denied both a J-1 to work for the summer and an F-1 to start a postgrad course in the Fall because I answered yes to wanting to marry my girlfriend and was told I have immigrant intent.

We currently have received our NOA1 and are expecting NOA2 in July/August.

Due to my denial I am assuming that I will be unable to get ESTA visa waiver approval.

SO!! Am I able to get a tourist visa so that I can at least go the states for a while?

If I prove I have to return to a job and I have a return ticket and have never overstayed the other 5 J-1 visas I've had.

I stupidly thought that I could just run the J-1 into the F-1 into the K-1. So I didn't have a job or anything tying me to the UK but I have a job now and would of course get a return ticket this time around.

Any advice or previous experience would be greatly appreciated, as with everyone on this site I just want to be with my future wife!

Erg. That sounds like a pain.

You're always able to apply for visas, so you can go ahead and try and get a tourist visa. It does sound like you might have a hard time getting it, however. And yes, I'm pretty sure that you can't use the VWP (ESTA) anymore. See: https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

I think it's the B2 visa you'd want to have a look at and see if you're eligible for it: http://london.usembassy.gov/b2.html

As suggested above - it might be less hassle to just have your future-wife come visit you or take some vacation time in a different country until your K1 comes through later this summer.

Edited May 17, 2013 by lost_at_sea

[Nich-Nick 3,354]

London denies a lot of B1/B2 visas for the same reasons the others were denied. I think you would be wasting the fee to apply because I have seen MANY report quick denials in London. The UK is a VWP country, so they are very strict about handing out tourist visas. I suppose they figure 90 day visits is plenty and they dig to find out why you need longer. To "live" with the fiancé while waiting on K1 isn't a good reason.

Check ESTA every few months, admitting the denied visa. Sometimes it will go through after a period of time, but 6 months may be the quickest.

[always_the_sun 1]

Honestly, I think after two denies in visa it will be very difficult to get a tourist visa or even B1.

One of my friends from Ukraine got denied J1 visa, after a few months she got denied F visa, and then she came to Canada and applied from here for a tourist visa and got denied.

She just really wanted to be with her boyfriend.

So it's up to you, but honestly i would't recommend doing that. Even B1 visa.

[J and S 38]

Like people already stated, it'll most likely get denied. Especially if you already have a pending K-1 petition.

Save your money from the fees of applying to another visa. Your fiancee will need to visit you.

Good luck!

[MDunne 0]

Thanks everyone for the info!

As much as it sucks, waiting 'til my K-1 comes through really does seem like the best thing to do

[always_the_sun 1]

Good Luck!!!