Girlfriend denied B2... affects VWP?

[Boiler 45,997]

The IO does not have a say on entry, nor are they lawyers, probably is about right.

There is a big difference seeking entry for 2 weeks as opposed to wanting to stay for 6 months. They probably wondered what sort of job comes with 6 months vacation.

[Rebecca Jo 1,962]

JohhnyQuest - Also thanks for the kinds words. My girlfriend is articulate and very honest. Again, we're just scared that if her "evidence" of promising to return to Scotland wasn't enough for the B2 interviewer, that it won't be enough for a POE officer either. She brought with her visas from other countries where she had traveled to and returned on time, evidence of many family members living in Scotland very close to her, a letter from her boss at work stating that they were expecting her to return, and bank statements showing she had enough money to visit for an extended period and STILL they turned her down. We're worried the POE officer would do the same. :/

I really don't think she'd have any trouble in Dublin. She may go to secondary but if she's honest and brings lots of proof, I do believe she'd get through.

Edited to add that my opinion doesn't mean I think the officers in Dublin are 'loose' on admission. I do think they listen and are human.

Edited March 16, 2010 by JohnnyQuest

[Gemmie 142]

Hmm, I personally think she has enough evidence to get through, BUT the fact that she has to admit being denied for a US visa now draws attention to her. So if it wasn't going to be a big deal before, it probably will be now. I understand why you wanted her to spend 6 months with you, but unfortunately it isn't as simple as that, and just having those kind of connections in the US which allow you to stay and apply for AOS is terms for denial. Had she just used the VWP and stayed for a shorter time, they probably wouldn't have put too much thought into it.

Water under the bridge now. If you decide to try it; pack all the evidence you can, and when she gets asked about her denial, she'll have to answer honestly about the reason, and be prepared for some more questions. For example, I used the VWP about 11 times and towards the end, they started asking questions about how I could have so much time in the US if I had this residency in the UK. I responded with "I'm in school right now, I have a letter here confirming this if you'd like to see". Usually that was enough to satisfy them. Other times they asked about our intentions, and I would turn it into an 'evidence' card... such as "we want to wait before we get married, I still have x time in school left, here's my letter'...

I'm afraid there isn't much option to see how she likes America for long periods of time. The K1 visa is a one-entry visa that means if she comes in using that, she either marries you in 90 days or leaves. So if you decide you two want to make the commitment to get married and have her live there, you'll have to consider her adjustment on limited time.

Whatever you decide, good luck, and be prepared for anything.

[treehugger 23]

Hello there everyone

My girlfriend of a couple years, a Scottish citizen,

Sorry to nitpick, but I don't think there is such a thing as a Scottish citizen - that category doesn't exist. A UK citizen who is Scottish is something else. These nuances in words make a big difference when dealing with officialdom. On the other hand, I'm in AP, what would I know?

Edited March 16, 2010 by treehugger

[Boiler 45,997]

And to be even pickier there is no such thing as a UK Citizen.

British Citizen

[treehugger 23]

And to be even pickier there is no such thing as a UK Citizen.

British Citizen

True, but then that implies that citizens of Northern Ireland aren't included. My fault, apologies, as I was using the norm on this forum to refer to people as USC, UKC...

[Justine+David 218]

Hmm...if there's no such thing as a Scottish citizen, huccome they get their own team for major international sporting events? That always confused me...

[TheCockyLockies 2]

To the OP

I totally understand where you are coming from. I was on a somewhat similar situation. I applied for a B2 visa and was turned down on my first visit and they told me to come back with stronger documentations. Although before applying, I have used my VWP 4 or 5 times to visit my then bf/fiance, now hubby. On my initial application for B2, they turned me down as I didnt present enough evidence. I then went back 2-3 weeks after with more evidence and was approved. Perhaps give it another go and apply again. As far as I can remember I brought: letter of employment, letter from my employer stating that I have x amount of leave available for me to take, lease agreement, letter from my landlord that my belongings are still in their property, bank statement and a letter of invitation from my hubby (reason for invitation: exactly the same as what you 2 are planning on), I also explained that with all my visits to US I did not overstay and came back home accordingly. And I emphasised we had no plan of breaking the rules to jeopardise my future travel or entry to the states.

All the best.

-Stephie-

[Mintchip 0]

I really don't think she'd have any trouble in Dublin. She may go to secondary but if she's honest and brings lots of proof, I do believe she'd get through.

Edited to add that my opinion doesn't mean I think the officers in Dublin are 'loose' on admission. I do think they listen and are human.

Don't underestimate Dublin! I was detained and almost returned to New York after having my photo taken in front of a height line. At the time, I was visiting my fiance who lived on the Isle of Man. I didn't realize nor had read about the 6 month visit WITHIN A 12 MONTH PERIOD rule and had gone over the limit. Fortunately, the IO allowed me to continue only because the London office she was trying to reach wasn't going to open for another couple of hours. She had me go to the IOM Immigration office upon my arrival where I was given a temporary visa until my return flight. It was an unpleasant experience and the IO in Dublin was not nice at all.

[TracyTN 237]

Justine+David - thanks for the kind words. I know the interviewing officer was just doing their job, it just plain ole' sucks, to put it simply. That, and he was a bit of a jerk to my girlfriend, belittling her work and responding with an unsympathetic, single-worded "probably" when she asked if her denial would affect her chances of getting a VWP visa. But such is life. I'm glad you two are making it work. We will try and do the same, of course.

And to be even more nitpicky - there is no such thing as a 'VWP visa'. That's a contradiction in term, as VWP stands for Visa Waiver Program. Those traveling on the VWP waive the need for a visa by complying with the terms of the VWP (filling out ESTA ahead of time, purpose and length of the visit, etc).

[Rebecca Jo 1,962]

Don't underestimate Dublin! I was detained and almost returned to New York after having my photo taken in front of a height line. At the time, I was visiting my fiance who lived on the Isle of Man. I didn't realize nor had read about the 6 month visit WITHIN A 12 MONTH PERIOD rule and had gone over the limit. Fortunately, the IO allowed me to continue only because the London office she was trying to reach wasn't going to open for another couple of hours. She had me go to the IOM Immigration office upon my arrival where I was given a temporary visa until my return flight. It was an unpleasant experience and the IO in Dublin was not nice at all.

I think you might be talking about Irish border guards (you are the US citizen and you were visiting your UK fiance - correct?).

We have speaking to the OP about US border guards.

[semicharmdlifer 0]

Well, thank you everyone for the advice. And I'm sorry for using the phrases "Scottish citizen" and "VWP Visa." I'll be better next time, I swear.

The CockyLockies - good to hear all that. However, my girlfriend lives at home with her folks so she doesn't pay rent to a landlord or have a mortgage or anything along those lines. And she did bring a letter from her employer, but because she works in a restaurant, they deemed it not significant enough employment for it to matter. I think we are going to have her try and come over using the VWP for only like 2 weeks just to see if she can actually get into the country. We know she will be questioned hard when asked about being denied a B2 visa but we dont know what other evidence we can provide to prove to them that's she's not going to try and stay in the US!

[nickm 1]

Well, thank you everyone for the advice. And I'm sorry for using the phrases "Scottish citizen" and "VWP Visa." I'll be better next time, I swear.

The CockyLockies - good to hear all that. However, my girlfriend lives at home with her folks so she doesn't pay rent to a landlord or have a mortgage or anything along those lines. And she did bring a letter from her employer, but because she works in a restaurant, they deemed it not significant enough employment for it to matter. I think we are going to have her try and come over using the VWP for only like 2 weeks just to see if she can actually get into the country. We know she will be questioned hard when asked about being denied a B2 visa but we dont know what other evidence we can provide to prove to them that's she's not going to try and stay in the US!

I think you should get some idea of whether or not your GF will be denied entry when you fill out the VWP online stuff.. if i remember correctly the system asks questions that will determine if she is eligible to use the VWP. Ultimately though the decision lies with the customs and immigration people at the point of entry.

The last time i went to the USA i went through the VWP and stayed for 88days, quite honestly it was a breeze through the immigration control, i was asked only what the purpose of my visit was, where i would be staying and the last time i had visited the USA. I had no evidence that i would return as i had just finished school, had no job and no ties, but they didn't even ask for any and still let me through with no problems whatsoever.

Good luck with your journey.

Nick

[Mintchip 0]

I think you might be talking about Irish border guards (you are the US citizen and you were visiting your UK fiance - correct?).

We have speaking to the OP about US border guards.

Sorry for that. I don't know where I got so confused. I thought someone mentioned getting through Dublin being easier.

[SunDrop 59]

Sorry for that. I don't know where I got so confused. I thought someone mentioned getting through Dublin being easier.

They did, but they mean clearing US immigration in Dublin. Some POEs are located outside the US itself, as is the case in Dublin.