Returning to Australia after marriage

[VanessaTony 3,567]

Apply for the ESTA, which he's never applied for. The b2 visa was denied. When he was going through the online application it asked if he'd ever been denied a visa and that was scary. Then I read that it lowers your chances of being approved and even if you get one you could be denied at entry.

He's likely ineligible for the B2 because of his previous visa denial. I agree that your best chance would be to re-apply for the B2 visa. I would show evidence of plans to move to Australia and that the B2 visa is about getting married and so he can visit family with you after the wedding and what not. I would even suggest signing some sort of Affidavit/Declaration about him NOT going to the US for AOS purposes and that he will return following the wedding to file paperwork for you to come to Australia (or something like that).

He could TRY using the VWP. I used it following cancellation of a B2. I wasn't technically denied, I withdrew my application because I wouldn't have passed (the IO let me do it) and I had no issues entering... but this was several years ago. Problem is being denied would suck. Up to you what you decide to do.

[Xanax 349]

So are you considering moving to Aus?

Edited March 1, 2012 by BrittandDan

[Boldaslove 0]

He's likely ineligible for the B2 because of his previous visa denial. I agree that your best chance would be to re-apply for the B2 visa. I would show evidence of plans to move to Australia and that the B2 visa is about getting married and so he can visit family with you after the wedding and what not. I would even suggest signing some sort of Affidavit/Declaration about him NOT going to the US for AOS purposes and that he will return following the wedding to file paperwork for you to come to Australia (or something like that).

He could TRY using the VWP. I used it following cancellation of a B2. I wasn't technically denied, I withdrew my application because I wouldn't have passed (the IO let me do it) and I had no issues entering... but this was several years ago. Problem is being denied would suck. Up to you what you decide to do.

Thank you.

So are you considering moving to Aus?

Yeah, in September.

[Lainie B 465]

He's likely ineligible for the B2 because of his previous visa denial. I agree that your best chance would be to re-apply for the B2 visa. I would show evidence of plans to move to Australia and that the B2 visa is about getting married and so he can visit family with you after the wedding and what not. I would even suggest signing some sort of Affidavit/Declaration about him NOT going to the US for AOS purposes and that he will return following the wedding to file paperwork for you to come to Australia (or something like that).

He could TRY using the VWP. I used it following cancellation of a B2. I wasn't technically denied, I withdrew my application because I wouldn't have passed (the IO let me do it) and I had no issues entering... but this was several years ago. Problem is being denied would suck. Up to you what you decide to do.

I think Vanessa means ineligible for the VWP because of the visa denial.

Was there a reason he tried for a visitor visa instead of the VWP the first time? (I assume because of the time limit of the VWP).

As Vanessa says, he can try again for a B2. Plenty of people get turned down for a visitor visa, re-apply, and are approved. If it's just for a short visit, then I would think the reason for the first denial (lack of funds) wouldn't be a problem this time, or perhaps your circumstances have changed. If I were him I'd first complete the online application for ESTA and see what happens, and of course he has to be honest about the previous B2 denial. If the ESTA gets denied, then he will have to apply for B2 again.