Friend Refused B-2 Visa

[Sixx 0]

Here's the rundown:

A friend of mine is from the UK. We met over the internet about six months ago, and we hit it off really well. After some discussion, we finally decided it would be in best interest to take our relationship to the next level. We arranged for her to come to the US for a few months so we could finally meet and she could travel around while I finish my studies. We would take a trip around the US for a few weeks during the Winter holiday and return to my place of residence to unwind and get to know each other a bit more until she left.

She applied for a B-2 Visa because we were ignorant of the VWP and what it was and exactly how it worked. We thought that in order to come over, the B-2 was the only way to do it. We were brought down to reality yesterday when her interviewing officer was a complete ####### and told her that she could not support herself and 'would never be allowed in the US so don't bother trying again'. He refused to look at any of her letters from her employer, her family, her voluntary work, or any of her bank statements which proved that she had the funds to support her trip. He belittled her current occupation because it was not in accordance with her education degree and handed her a paper stating she had been denied under Section 214(b).

After phone calls with the Operator Assisted Visa Information line, the Operator asked if they asked for any of her paperwork when her fingerprints were taken. They had not. She was told to file a complaint and to instead apply for the ESTA.

I called the Customs and Border Protection, here on the States side and they said that any refused Visa automatically makes her ineligible for VWP and said she'll have to try to get a visa instead. This clashes with information that the people she has spoken to and the people that I have spoken to who said that a denied Visa does not mean she's ineligible. I've spoken to the Department of State and have read around the internet, including this forum.

I guess my question is:

Is she screwed because of the denied B-2 Visa? What are some of the steps that we must take to ensure our relationship can expand off of the internet. We don't want to be confined to this. She doesn't plan on living here, nor do I plan on staying in the States as soon as I'm finished with my Bachelor's Degree.

What can we do? Is there anything we can do?

I'd appreciate any input at all.

Thanks.

[gwenneh 7]

Question F on the ESTA is "F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *". Once she answers this question truthfully, she will be denied the ESTA, which is necessary to use the VWP. At that point she will be directed to apply for a visitor's visa.

In some cases, applicants are allowed to withdraw their application instead of being denied. That means they've never been denied a visa and can therefore answer Question F with a "No," traveling on the VWP. (more info here: https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit)

That does not sound like the case for your friend, and re-applying looks to be the best option.

[Sixx 0]

That does not sound like the case for your friend, and re-applying looks to be the best option.

Yes, but that's more money for another interview and if things go similar to the way they went last time, it's another black mark and more wasted money, more wasted time, and more stress to add.

With all of the evidence she had, she was still declined. What more does she need? What more CAN she offer? She lives with her mother, pays rent, and does voluntary work. Held a job until she left a few months ago and has plenty of money to support her trip. I understand why they say there's not enough ties, but it doesn't change the situation. WHAT can we do? Are there alternatives?

Edited September 16, 2011 by Sixx

[gwenneh 7]

Unfortunately the denied visa has left you with no other option. If she has a denied visa, she has to answer that question truthfully on the ESTA. If she does not, it will be uncovered at some point and have even more dire consequences since they don't go lightly on those who attempt to enter via deception.

It sounds like she felt she was eligible; if it really was a jerk of an IO, then your next interview could go better?

[canadian_wife 1,827]

Nothing is stopping her from applying for another visa - another CO might find her case strong and issue her a visa. Why doesn't she apply again?

OR - you could go and visit her

Good luck

[Sixx 0]

Unfortunately the denied visa has left you with no other option. If she has a denied visa, she has to answer that question truthfully on the ESTA. If she does not, it will be uncovered at some point and have even more dire consequences since they don't go lightly on those who attempt to enter via deception.

We have no intentions of being untruthful. She will answer all questions honestly. But we're looking for alternatives other than the B-2, now. Since it appears the B-2 has a lot of infamy for being hard to grasp. I fear that since she left her job a few months ago due to poor working conditions, and a lack of her own personal residence, it will be hard to convince any IO that she has strong ties.

Nothing is stopping her from applying for another visa - another CO might find her case strong and issue her a visa. Why doesn't she apply again?

OR - you could go and visit her

Good luck

I plan on visiting her in the summer, in between semesters. But we were hoping to have something a bit more soon. If it's the only way, then I guess it's the only way. I have no quarrel with that. It's just a bit frustrating.

Edited September 16, 2011 by Sixx

[gwenneh 7]

The good news is that a denied B-2 won't have much impact on any other visa; after all, if you're going to apply for an immigrant visa like a fiance or spouse visa they're not looking for strong ties to the UK! Those do require meeting in person, though.

Is she a university student? A semester abroad in the U.S. or an internship could be another route.

Her B-2 won't affect these, since the IO will look at different criteria for the visas for these situations.

[Sixx 0]

The good news is that a denied B-2 won't have much impact on any other visa; after all, if you're going to apply for an immigrant visa like a fiance or spouse visa they're not looking for strong ties to the UK! Those do require meeting in person, though.

Is she a university student? A semester abroad in the U.S. or an internship could be another route.

Her B-2 won't affect these, since the IO will look at different criteria for the visas for these situations.

We have no intention on marrying. Our views of marriage correspond with each others' and we feel the entire idea of marriage is ridiculous.

She is not a university student, she obtained her Bachelor's in the summer of 2010. We were looking at internships or work nearby and she has applied to some. But no jobs that we can find relate to her degree.

[gwenneh 7]

In all honesty, in your situation I would either pay up the few hundred for another crack at the B-2, adding in anything I could find like the title to my car, a return ticket, hotel reservations re: that planned trip, etc. as ties.

If that failed, since you are still a student, I would apply for BUNAC and head over there, where it is possible for two unmarried persons to actually get a visa and live together as opposed to the U.S. That, though, is a whole other ball game and not entirely a pleasant one. Work visas being impossible for anyone with less than a Masters' in a shortage field, the only other route is the Unmarried Partners which requires you to live together for two years.

[Sixx 0]

In all honesty, in your situation I would either pay up the few hundred for another crack at the B-2, adding in anything I could find like the title to my car, a return ticket, hotel reservations re: that planned trip, etc. as ties.

If that failed, since you are still a student, I would apply for BUNAC and head over there, where it is possible for two unmarried persons to actually get a visa and live together as opposed to the U.S. That, though, is a whole other ball game and not entirely a pleasant one. Work visas being impossible for anyone with less than a Masters' in a shortage field, the only other route is the Unmarried Partners which requires you to live together for two years.

That's the way this seems to be going, I'm afraid. It appears the world is against international relationships, or at least the United States. And they are especially biased against anyone under the age of 30, it seems. I appreciate your help thus far.

A few problems:

She does not own a car nor has a driver's license.

She lives with her mother, paying rent monthly

She's currently unemployed - leaving her job due to an unworkable environment

She's not in a University because she obtained her bachelor's

This all works against us, in terms of having strong ties. Though, she does do voluntary work, which she is in training to be made into a full-paying job, though it does not match her degree.

Is there anything that I can do? Or is there anything she can do to improve her chances?

She says she's willing to try again, but she's afraid because the IO had said that his decision is final and that everybody would agree with him. She's afraid of getting another decline on her record, hindering her chances even more. Wasting more time, more money, and gaining only more heartache.

I will look into the BUNAC, definitely. I'm highly interested in studying abroad, if not to meet her, then for my huge interest in traveling.

[Little_My 464]

It is very very unfortunate you did not research the VWP route enough to figure out that would have been the way to go for her.. Unfortunately, due to this B2 denial, that door is now closed from her for good - as unfair as that might seem.

Her only options in terms of coming to the US are non-immigrant visas, mainly B2, or student or work visa. For student visa, she has to first apply and be accepted to a study program that qualifies for an F1 visa (or J1 exchange visitor), and she has to be able to prove that she can pay for her studies and living expenses. J1 can be used for some jobs, such as au pair.

I'd agree with the previous poster, her best bet is to go for the B2 again. You can't really help her much, as your existence in her life might actually hinder her chances of getting a tourist visa. If she does not have a job, a lease or she is not in school, it will be very hard for her to get a tourist visa - even though she is from a country like the UK. Nothing is "forcing" her to go back there, which is what the IO is looking for. Though the B2 is her best bet (and easiest and cheapest), i don't know if it really makes any sense to try again unless she has something new to show for as ties to the UK - mainly either a job that she has to return to, a lease that continues, or being a current student in a university.

Edited September 16, 2011 by Little_My

[gwenneh 7]

It used to be the U.S. that was more tough on international relationships; now that the U.K. government is trying to cut net immigration into the "tens of thousands" it pretty much put everything on equal footing -- work visas are actually closed to new applicants, as is the post-study graduate work route, and they're doing their best to make damned sure students will be leaving when their term is up. At least there's still BUNAC and paid internships over there, which definitely would have been my route had I decided not to get married!

So, that being said, can she get the rental agreement in writing from her mother and back that up with her bank statements? Enroll in one or two courses to top off her degree? Book a plane ticket (changeable fare, of course) and present the return ticket along with an itinerary/hotel reservations for the trip? Letter from her volunteer position stating her dates of travel and when she is expected to return? Can she take a small part-time position just to create that tie? Get a letter from Jobcentre stating when she needs to be there in person to continue receiving Jobseekers' Allowance? Schedule some interviews for when she returns and present the interview dates in writing?

If the IO didn't even look at her information then she has at least as strong a case as she did the first time. I'd go for it, especially if she has money in the bank an a return ticket to hand.

[Sixx 0]

It is very very unfortunate you did not research the VWP route enough to figure out that would have been the way to go for her.. Unfortunately, due to this B2 denial, that door is now closed from her for good - as unfair as that might seem.

Her only options in terms of coming to the US are non-immigrant visas, mainly B2, or student or work visa. For student visa, she has to first apply and be accepted to a study program that qualifies for an F1 visa (or J1 exchange visitor), and she has to be able to prove that she can pay for her studies and living expenses. J1 can be used for some jobs, such as au pair.

I'd agree with the previous poster, her best bet is to go for the B2 again. You can't really help her much, as your existence in her life might actually hinder her chances of getting a tourist visa. If she does not have a job, a lease or she is not in school, it will be very hard for her to get a tourist visa - even though she is from a country like the UK. Nothing is "forcing" her to go back there, which is what the IO is looking for.

So, to my understanding - It's futile to go for the B2 again until she has more ties to the UK. Such as a long-term job and a place of her own that she's lived at for a long period of time. I cannot do anything other than offer emotional support. And this is going to be a long, painful process that we may not even live long enough to see happen.

Marriage is starting to look like a decent option.

Edited September 16, 2011 by Sixx

[Sixx 0]

It used to be the U.S. that was more tough on international relationships; now that the U.K. government is trying to cut net immigration into the "tens of thousands" it pretty much put everything on equal footing -- work visas are actually closed to new applicants, as is the post-study graduate work route, and they're doing their best to make damned sure students will be leaving when their term is up. At least there's still BUNAC and paid internships over there, which definitely would have been my route had I decided not to get married!

So, that being said, can she get the rental agreement in writing from her mother and back that up with her bank statements? Enroll in one or two courses to top off her degree? Book a plane ticket (changeable fare, of course) and present the return ticket along with an itinerary/hotel reservations for the trip? Letter from her volunteer position stating her dates of travel and when she is expected to return? Can she take a small part-time position just to create that tie? Get a letter from Jobcentre stating when she needs to be there in person to continue receiving Jobseekers' Allowance? Schedule some interviews for when she returns and present the interview dates in writing?

If the IO didn't even look at her information then she has at least as strong a case as she did the first time. I'd go for it, especially if she has money in the bank an a return ticket to hand.

The advice she was given was that she shouldn't book plane tickets or hotel reservations because if she's still denied, she's out the money that she spent. We'll look into an itinerary and letters from her volunteer position. A part time job doesn't seem like it's out of the question, either.

To be honest, I think the best chance we have is for me to go over there in the Summer...

[milimelo 4,548]

So, to my understanding - It's futile to go for the B2 again until she has more ties to the UK. Such as a long-term job and a place of her own that she's lived at for a long period of time. I cannot do anything other than offer emotional support. And this is going to be a long, painful process that we may not even live long enough to see happen.

Marriage is starting to look like a decent option.

You need to understand that the US Embassy in London is NOT going to issue a B-2 to a single, unemployed recent college grad with few ties to UK. She never should have applied for B-2 but should've come on VWP. Pretty much only retired people stand a chance of getting a B-2.

She needs to disclose her rejected visa and see what ESTA says - if it says denied, give it a couple of months and have her try ESTA again.

Saying you're both against marriage will NOT get her a way to be with you - glad to see you're coming around and realizing marriage may well be the only way to be together.