VWP approval after B2 visa denied

[LD2B 0]

Hi Everyone,

I met my American boyfriend overseas 3 and a half years ago - we did long distance up until about 7 months ago when he finally moved here. I've been back and forth on a visa waiver twice without problem and he has been here twice now. Last year however, I went for a B2 tourist visa so I could stay longer with him instead of the 3 months but I was denied on grounds of 214(b)(not strong enough ties to home) which was fair as I have traveled religiously for the past 3 years I had not settled anywhere. My intentions were honest, however we worked around it and had 9 months apart (agonizing) and he's now here. We are wanting to go back to the States though, I haven't seen his family in 2 years and he needs to start working properly and get out of bar work and can only do that in the States due to his career and education.

We are discussing marriage and trying to decide whether it best to marry here in Oz and apply for a K3 or to go to the states. The K1 takes about 14 months at present to process which means more long distance which is kinda out of the question anymore or our lawyer recently adviced us that we could potentially go in on a visa waiver and wait 60 days, get married and apply for change of status - a lot cheaper and faster.

I have been granted my ESTA approval to travel on the VWP but would like any advice or to hear anyone else's experience on traveling on a visa waiver after being denied a visa previously! I am extremely nervous as if I get denied at entry then I will be deported (another mark against my name) and it could mean our relationship has finally fallen into the 'impossible basket' - which is my worst nightmare.

Any advice would be greatly appreciated, we've spoken to lawyers but first hand experience is the best knowledge I can get. We don't want to scam the system but we don't have much money and just want to be together after so long apart.

Thanks in advance.

[canadian_wife 1,829]

Yup, going to the US, marrying and adjusting status is a lot faster and cheaper

Sadly, it is also illegal. It is visa fruad to use the VWP (which is intended for TOURISTS - not immigrants) to immigrate

don't try it

I know you miss him, but do you miss him enough to risk a lifetime ban to the US?

Good luck

PS - if you were denied a tourist visa due to lack of ties, what ties do you currently have to show that you MUST return to OS?

PPS - K3 is a dead visa, CR-1 is a spousal visa now

[Sergi9 110]

Hi Everyone,

I met my American boyfriend overseas 3 and a half years ago - we did long distance up until about 7 months ago when he finally moved here. I've been back and forth on a visa waiver twice without problem and he has been here twice now. Last year however, I went for a B2 tourist visa so I could stay longer with him instead of the 3 months but I was denied on grounds of 214(b)(not strong enough ties to home) which was fair as I have traveled religiously for the past 3 years I had not settled anywhere. My intentions were honest, however we worked around it and had 9 months apart (agonizing) and he's now here. We are wanting to go back to the States though, I haven't seen his family in 2 years and he needs to start working properly and get out of bar work and can only do that in the States due to his career and education.

We are discussing marriage and trying to decide whether it best to marry here in Oz and apply for a K3 or to go to the states. The K1 takes about 14 months at present to process which means more long distance which is kinda out of the question anymore or our lawyer recently adviced us that we could potentially go in on a visa waiver and wait 60 days, get married and apply for change of status - a lot cheaper and faster.

I have been granted my ESTA approval to travel on the VWP but would like any advice or to hear anyone else's experience on traveling on a visa waiver after being denied a visa previously! I am extremely nervous as if I get denied at entry then I will be deported (another mark against my name) and it could mean our relationship has finally fallen into the 'impossible basket' - which is my worst nightmare.

Any advice would be greatly appreciated, we've spoken to lawyers but first hand experience is the best knowledge I can get. We don't want to scam the system but we don't have much money and just want to be together after so long apart.

Thanks in advance.

I echo what Canadian_Wife said. Do not take this risk, due to the previous B denial you are sure to get a secondary interview. The risk here is far beyone a "mark against your name" its one written in indelible ink and carries with it the charge or misrepresentation, commonly called fraud.

AOS after entering on VWP will be neither cheap nor fast if you even get that far. They already have you flagged in the computer system for previous B1 denial its almost a sure bet you will be questioned at the border. If they ask you if you intend to stay, get married live with boyfriend or anything and you say No and then do, it will come up at AOS interview.

It takes a bit longer but it is well worth the piece of mind to do it right. Unless you are hell bent on paying for an attorney if you do it right you can do the paperwork yourself.

[LD2B 0]

Thanks you both so much for your advice. I was worried posting here that people would tell me off...so thanks for your understanding. Altough, as I said, it really isn't my intention to play the system, I just want to be happy.

I don't think it's worth the risk but he really wants to get back to the US, as do I. Our lawyer advised us that if we wait 60 days before marrying on the VWP it is not in fact considered illigal or that I have entered with ill-intent or whatever they call it. It is in fact ok to do it after the 60 days.

My worry is getting in - I have a full time job here in sydney and an apartment leased until September 2011 neither of which I will give up until I know I can get in, so I would have these, plus my car and family as evidence of ties here. I am expecting to get a second interview if I were to try and so I would come prepared with these.

[curvebell 29]

Thanks you both so much for your advice. I was worried posting here that people would tell me off...so thanks for your understanding. Altough, as I said, it really isn't my intention to play the system, I just want to be happy.

I don't think it's worth the risk but he really wants to get back to the US, as do I. Our lawyer advised us that if we wait 60 days before marrying on the VWP it is not in fact considered illigal or that I have entered with ill-intent or whatever they call it. It is in fact ok to do it after the 60 days.

My worry is getting in - I have a full time job here in sydney and an apartment leased until September 2011 neither of which I will give up until I know I can get in, so I would have these, plus my car and family as evidence of ties here. I am expecting to get a second interview if I were to try and so I would come prepared with these.

If you have commitments here in Australia, why don't you just apply for a K-1 or CR-1? If you don't want to do the dodgy and risk having a ban, then go one of these routes - also don't use that lawyer anymore, he is giving you bogus advice.

Get your boyfriend back to the US to start up a career and by the time your petition approval rolls around you will be in a much better place. Also, on average I think that K-1 is taking a lot quicker than the 14 months you suggested - being Aussie after NOA2 seems to be passing much quicker than other countries.

You can still visit on the visa waiver whilst it is processing, a lot of people have done this using NOA1 as part of their proof they will return home.

Good luck! x

[Sergi9 110]

Thanks you both so much for your advice. I was worried posting here that people would tell me off...so thanks for your understanding. Altough, as I said, it really isn't my intention to play the system, I just want to be happy.

I don't think it's worth the risk but he really wants to get back to the US, as do I. Our lawyer advised us that if we wait 60 days before marrying on the VWP it is not in fact considered illigal or that I have entered with ill-intent or whatever they call it. It is in fact ok to do it after the 60 days.

My worry is getting in - I have a full time job here in sydney and an apartment leased until September 2011 neither of which I will give up until I know I can get in, so I would have these, plus my car and family as evidence of ties here. I am expecting to get a second interview if I were to try and so I would come prepared with these.

Get another attorney, your lawyer is playing fast and loose with the law. Its fraud to enter into the United States on a Visitor VISA with the INTENT of AOS. Don't get sucked into this fantasy, you are in fact toying with the idea of doing this, don't try to rationalize it, the end result is not worth the trouble you can bring on yourself and your mate.

He needs to get back to the states to get working for the support requirements of AOS you now don't meet so its really not an option anyway. If you plan to domicile here he needs a job that meets the income requirements and you will have to have a domicile plan, not likely to be able to prove this if he is living with you in your country.

you have already explained why you should not come here now, don't let emotions rule over common sense, do it right.

Yeah it sucks to be apart for awhile, but don't manufacture a reason the government can keep you apart longer and cause another set of legal obstacles.

If you have commitments here in Australia, why don't you just apply for a K-1 or CR-1? If you don't want to do the dodgy and risk having a ban, then go one of these routes - also don't use that lawyer anymore, he is giving you bogus advice.

Get your boyfriend back to the US to start up a career and by the time your petition approval rolls around you will be in a much better place. Also, on average I think that K-1 is taking a lot quicker than the 14 months you suggested - being Aussie after NOA2 seems to be passing much quicker than other countries.

You can still visit on the visa waiver whilst it is processing, a lot of people have done this using NOA1 as part of their proof they will return home.

Good luck! x

Sorry, I didn't read your post... spot on.

[canadian_wife 1,829]

Thanks you both so much for your advice. I was worried posting here that people would tell me off...so thanks for your understanding. Altough, as I said, it really isn't my intention to play the system, I just want to be happy.

I don't think it's worth the risk but he really wants to get back to the US, as do I. Our lawyer advised us that if we wait 60 days before marrying on the VWP it is not in fact considered illigal or that I have entered with ill-intent or whatever they call it. It is in fact ok to do it after the 60 days.

My worry is getting in - I have a full time job here in sydney and an apartment leased until September 2011 neither of which I will give up until I know I can get in, so I would have these, plus my car and family as evidence of ties here. I am expecting to get a second interview if I were to try and so I would come prepared with these.

You are likely to get pulled into secondary. If they ask (which they will) 'how long do you intend to stay in the US? What will your answer be? Anything but "I intend on marrying my boyfriend after 60 days and adjusting status and thus, not return to Oz" will be a lie. Your lawyer will not have to lie to the CBP, you will. He can suggest anything he likes.

So how will you answer that question? Will you lie or tell the truth? I've been through secondary inspection, it is absolutly NO FUN. It is stressful and they go through your history with a fine tooth comb.

If you attempt to adjust status and get caught lying (if you did that is) you will be denied, and you have NO options to appeal. You will have to leave and likely get a ban from the US

Is any of this worth it?

good luck

[LD2B 0]

wow - ok! thanks guys!

I was the worried one, my boyfriend on the other hand was rather enjoying this fantasy land. As much as I want to take the risk so we don't have to have another lengthy time apart I am not going to risk losing him over immigration, they've come between us before and I won't let them do it again.

We know our options, and I'm trying to look into each of them thoroughly and objectively to be as well informed as possible to make the decision.

Last question...with the K1, he has to go back and have income, domicile etc etc - at what stage of the process is this? Basically I am trying to figure out how many months we are looking at having to do long distance as I may move to Canada for this period so we can see each other more regularly.

Apparently the wait period for the initial part of the process (the NOILA or whatever it's called) has gone from the usual 3 to 6 months to SEVEN months, so we were advised that it could take up to 14 months and I would prefer to go into it with this possibiltiy in my head and it be only 9 than expect 9 and it be 14 in the end!

Thanks again, I wish you all the best!

on a side note - our other option is marrying here and changing his status and at the same time applying for the C1 (I think that was the new name for the spouse visa) in the states so he can be here, get permanent residency here and we can start the ball rolling to get me back there.

Any thoughts on this or anyone with experience on how long this took would be great too!

[curvebell 29]

wow - ok! thanks guys!

I was the worried one, my boyfriend on the other hand was rather enjoying this fantasy land. As much as I want to take the risk so we don't have to have another lengthy time apart I am not going to risk losing him over immigration, they've come between us before and I won't let them do it again.

We know our options, and I'm trying to look into each of them thoroughly and objectively to be as well informed as possible to make the decision.

Last question...with the K1, he has to go back and have income, domicile etc etc - at what stage of the process is this? Basically I am trying to figure out how many months we are looking at having to do long distance as I may move to Canada for this period so we can see each other more regularly.

Apparently the wait period for the initial part of the process (the NOILA or whatever it's called) has gone from the usual 3 to 6 months to SEVEN months, so we were advised that it could take up to 14 months and I would prefer to go into it with this possibiltiy in my head and it be only 9 than expect 9 and it be 14 in the end!

Thanks again, I wish you all the best!

on a side note - our other option is marrying here and changing his status and at the same time applying for the C1 (I think that was the new name for the spouse visa) in the states so he can be here, get permanent residency here and we can start the ball rolling to get me back there.

Any thoughts on this or anyone with experience on how long this took would be great too!

Totally know how you feel with the fantasy land living thing! - It was a sweet life traveling back and forth for a couple of years, but in the end long distance gets so emotionally/physically/etc draining.

I can only speak for the K-1 but depending on which service center your petition goes to the average wait is 5 months. Lately Vermont filers have been approved closer to 7 months and California service center 5 -6 months to get to approval.

With both VISAS, he will need to fill an affidavit of support - so the sooner he gets back to the US to fulfill the requirements the better. With the K-1, the petitioner will need to provide the affidavit after the NOA2 is received. It is to be presented to the Sydney US Consulate.

If you really want to be together, a couple of months more wait will be so worth it! x

[LD2B 0]

yeah...it's the Vermont service centre that services his state unfortunately.

So for both visas he'll need to go back? That makes sense, I hadn't even thought of that.damnit!...argh...why is this so darn difficult, time consuming and heart wrenching!!!???

Thanks so much, you've just made a very good and obvious point which i'd overlooked entirely.

Oh - another question! Can we perhaps use a lawyer in LA if it's faster at the Califonian service centre or does it have to be the one servicing the state you live in?

[curvebell 29]

Yep, no matter what visa, he will still need to prove he can support you.

You can't choose which service center - I'm pretty sure it depends on which services your state. When we first filed, VSC was the MUCH faster center and I wanted to poke my eyes out! Who knows when it comes time to file your petition the tables could turn once again.

Don't be fooled into thinking using a lawyer will speed the process up. They cannot do anything to move your file along any quicker than you can. In some cases they have been known to slow down petitions - VJ provides a lot of really useful information that makes the process go smoothly. So a lot of VJ'ers suggest only using a lawyer if you have a particularly difficult cases ie; you have overstayed previously/prison record etc.

Anyway, you are starting in the right place to research. All the best

[LBeachey 45]

How long has your boyfriend been in Australia? If longer that 6 months, you might be able to DCF which is much faster. You would have to get married first, and I am not familiar with Australian residency requirements so I am not sure he qualifies.

[canadian_wife 1,829]

How long has your boyfriend been in Australia? If longer that 6 months, you might be able to DCF which is much faster. You would have to get married first, and I am not familiar with Australian residency requirements so I am not sure he qualifies.

He cannot just be in Aus. for 6 months, he has to be a legal resident for at least 6 months. Being in the country as a tourist for 6 months does not qualify for DCF.

Good luck

[Barbara J 115]

Hi Everyone,

I met my American boyfriend overseas 3 and a half years ago - we did long distance up until about 7 months ago when he finally moved here. I've been back and forth on a visa waiver twice without problem and he has been here twice now. Last year however, I went for a B2 tourist visa so I could stay longer with him instead of the 3 months but I was denied on grounds of 214(b)(not strong enough ties to home) which was fair as I have traveled religiously for the past 3 years I had not settled anywhere. My intentions were honest, however we worked around it and had 9 months apart (agonizing) and he's now here. We are wanting to go back to the States though, I haven't seen his family in 2 years and he needs to start working properly and get out of bar work and can only do that in the States due to his career and education.

We are discussing marriage and trying to decide whether it best to marry here in Oz and apply for a K3 or to go to the states. The K1 takes about 14 months at present to process which means more long distance which is kinda out of the question anymore or our lawyer recently adviced us that we could potentially go in on a visa waiver and wait 60 days, get married and apply for change of status - a lot cheaper and faster.

I have been granted my ESTA approval to travel on the VWP but would like any advice or to hear anyone else's experience on traveling on a visa waiver after being denied a visa previously! I am extremely nervous as if I get denied at entry then I will be deported (another mark against my name) and it could mean our relationship has finally fallen into the 'impossible basket' - which is my worst nightmare.

Any advice would be greatly appreciated, we've spoken to lawyers but first hand experience is the best knowledge I can get. We don't want to scam the system but we don't have much money and just want to be together after so long apart.

Thanks in advance.

You have one of 2 choices. You get married in Aus now and he comes back to the US and files CR1 for you spousal visa taking approx the same time as K1 visa. Or he goes back home and files a 129f petiton for you and if approved you will be eligible for a K1 visa. NOA1 is the receipt we all get once our papers are accepted and NOA2 is the approval letter. Not sure where you heard 14 months but it is 5 months to be approved then once approved goes on to the NVC national visa centre in New Hampshire then is sent on to Sydney consulate and you will send papers in and be scheduled for an interview. At most as Aust is not a hight fraud country you could be together again within 9 months. This is on K1 visa and then you have 90 days to marry and then file AOS residency. The beauty of 129f fiance petition is once you are married you can stay here and be together and if you marry in Aus now and he comes back home it means you are away from your husband. A personal choice of course. You do not know what service center it will be processed at as they all go to Dallas now and then are sent on the the applicable service center.

Hope this helps and you make the right decision. Oh and you can always go and see him on Esta during the time of processing.

[Casprd 167]

Sounds like CR-1 is the way to go. K1 is not really faster and cheaper as there is quite a bit of expense after you are here with adjustment of status and follow up interviews. CR-1 is Taking about 10 or 11 months and is under $1000 for the USCIS and NVC fees. And on a CR-1 you can get your green card right away so no long delays to start working if that is your plan

Edited April 14, 2011 by Casprd