Friend Refused B-2 Visa

[Boiler 45,499]

Ouch.

A lot of misleading information.

Has she applied for ESTA or if she has one has she updated it with the Visa declinature?

[Sixx 0]

Ouch.

A lot of misleading information.

Has she applied for ESTA or if she has one has she updated it with the Visa declinature?

She has not yet applied for the ESTA.

[Harpa Timsah 13,258]

She has not yet applied for the ESTA.

That's the first step.

[Boiler 45,499]

Yep

[Sixx 0]

But the Customs and Border Protection has stated that it'll be impossible for her to get the ESTA now that she's been declined the visa.

[Harpa Timsah 13,258]

Well, better try it to be sure, then you can move on with facts and reality instead of "what some guy said."

[Boiler 45,499]

So?

Since when did they control ESTA?

[Little_My 464]

My apologies for inaccurate information - I was under the impression that any non-immigrant visa denial would mean VWP is not an option anymore, but that's not the case. If she was denied entry when attempting to come to the US under VWP, then she could no longer use that to come to the US but would need to apply for a tourist visa.

You should follow what Boiler and Harpa suggested - file for ESTA. However, she needs to have a lot of proof with her to present at POE when she arrives to avoid being denied entry. She will probably go through more scrutiny that most tourists coming from the UK due to the visa denial in her record.

[newlyweds2010 208]

best bet is to try the ESTA and see how it goes.

[Sixx 0]

She's a bit reluctant to go for an ESTA after being denied a B-2 only one day ago. She feels it may look bad. She's also afraid of being denied the ESTA - because if that happens, then she'll have exhausted all resources, and we'll be back to square one with negative points against us.

A complex question:

What is the most realistic way of being able to be together? We're a bit disheartened by it all and are left asking ourselves, "This isn't going to happen, is it?" My studies still have a long way to go, and we don't want to talk via the computer forever. What would be the simplest, most realistic way of being able to be together? Like, would I have to go over there? Would we have to go to a third country? Should I study abroad, etc. Also, neverminnd marriage, it's out of the question.

[Sixx 0]

Another tidbit of information:

IF she does get approved for the VWP, and comes to the States, we know that she will go through to secondary because of the denied B-2 Visa. She has an extreme fear of flying and does not want to fly all the way over here to be turned around at the PoE. Is there a way to validate information about entry without the entire flying process. It'd be better to be turned away in the UK rather than after a flight.

[Penguin_ie 5,993]

Dublin, Ireland is a POE. She could take the ferry over, then board a plane to the USA in Dublin and know whether she's admitted before the flight.

If you want it bad enough it will happen, but yes, you may need to look at other options such as you moving to the UK, or together to a 3rd country, depending on what your studies are in and where the good universities are.

[Sixx 0]

After all of this, should she mention that she's staying with me, and in December, we're going to travel, then return to my residence until the end of her allotted stay. Or should she just say she wishes to travel? Which isn't a lie in itself. I've heard horror stories of people being denied access because they're staying with someone of the opposite sex, and that is definitely not what we want to happen - Especially since we are not dating, and we are JUST friends [for the moment, anyway]. At the same time, I've heard things where they mention that they will be staying with a friend, so that way they won't need proof of hotels, and it gives a reason to why they're going to the exact city that they chose to go to.

I just want to make everything right, easy, and make sure this happens. As I stated before, I don't want to be confined to the internet entirely. I WILL be visiting her in the Summer, and after my studies, if things work out and we decide to move our relationship to the NEXT level, we WILL take the steps to move to another country legally [she doesn't want to be in the UK, nor I in the US]. I don't want this to become a relationship lost because of the distance, hardships, and bullshit that we have to go through to be together. Sometimes, I wish I wasn't American.

I just want to touch her. If nothing else, just touch her at least once.

Edited September 16, 2011 by Sixx

[leeandcorinne 1]

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.

[canadian_wife 1,822]

Really? Just friends but you talk about marriage and touching her face just once?

Don't buy it, and neither would a POE officer

Now, she doesn't need to offer any more than what is being asked. If she is being asked where she is staying then obviously she needs to give the address (and not simply say 'oh a hotel' if that is not the case). Being honest is imperative, plus, did she talk about you during her interview for the visa? If she did, they probably already know about you.

Being American has nothing to do with this. You were ill informed and made some mistakes. That doesn't mean your relationship is doomed, it just means you'll have to work harder.

Good luck