Chances of B2 approval

[Messinia 0]

I want to know what my chances are of obtaining a tourist visa despite my past with U.S. Immigration.

I was barred from the VWP in the early 2000's after a one-day overstay.

Later obtained a K1 visa. Returned to the US, and married. The marriage did not work and I returned home.

8-years later and now wish to take a short trip to the U.S. for sightseeing purposes and to transit through on the way to Canada.

Is the marriage situation from my past and the bar from the VWP going to affect my B2 application?

[Penguin_ie 5,993]

They are going to ask about both, but assuming you have decent ties to Australia (job, family, property etc), I'd think you have a pretty good chance of getting the visa.

[Messinia 0]

They are going to ask about both, but assuming you have decent ties to Australia (job, family, property etc), I'd think you have a pretty good chance of getting the visa.

Thank you for your reply.

I have a great career (permanent job) that I love, but no real estate - not yet anyway. I see these horror stories all over the forums of people with a lot more being denied tourist visas. And will the one-day overstay really count as a black mark? I've paid for this one already after being denied entry at LAX.

The question is one of does the prior K1 visa and marriage mean 'immigration intent'. Well, my answer would be that the moment I knew the marriage was over, I departed promptly and returned to Australia. Will that be good enough for the Consular Officer?

[jaycali 415]

Thank you for your reply. I have a great career (permanent job) that I love, but no real estate - not yet anyway. I see these horror stories all over the forums of people with a lot more being denied tourist visas. And will the one-day overstay really count as a black mark? I've paid for this one already after being denied entry at LAX. The question is one of does the prior K1 visa and marriage mean 'immigration intent'. Well, my answer would be that the moment I knew the marriage was over, I departed promptly and returned to Australia. Will that be good enough for the Consular Officer?

Yes, a prior marriage and K-1 visa shows immigrant intent. But it doesn't show current immigrant intent.

Your immigrant intent was based on your marriage to a US citizen, the basis for that intent no longer exists and you left the country once that basis was gone. I think that plays in your favor, vs having tried to i.e. adjust status after divorce etc.

The past overstay, I don't know. I know they don't take kindly to overstays, but given that it was one day nearly a decade ago and you're from a VWP country I doubt they'll hold it against you for as long as you live. You were denied entry at LAX because you tried to visit without a visa - which you're ineligible to do given the previous overstay.

Bring anything with you that shows ties to Australia.. Employment letter and pay stubs, if you don't own real estate, do you at least have a rental agreement? How about a car?

Edited April 1, 2012 by jaejayC

[Messinia 0]

Yes, a prior marriage and K-1 visa shows immigrant intent. But it doesn't show current immigrant intent.

Your immigrant intent was based on your marriage to a US citizen, the basis for that intent no longer exists and you left the country once that basis was gone. I think that plays in your favor, vs having tried to i.e. adjust status after divorce etc.

The past overstay, I don't know. I know they don't take kindly to overstays, but given that it was one day nearly a decade ago and you're from a VWP country I doubt they'll hold it against you for as long as you live. You were denied entry at LAX because you tried to visit without a visa - which you're ineligible to do given the previous overstay.

Bring anything with you that shows ties to Australia.. Employment letter and pay stubs, if you don't own real estate, do you at least have a rental agreement? How about a car?

Thanks for your reply. I'll find out soon if I am approved or not - my interview is next week.

Does the fact that a previous visa has been approved make it any easier in the sense that an applicant has already jumped through the hoops and been approved?

[Messinia 0]

Yes, a prior marriage and K-1 visa shows immigrant intent. But it doesn't show current immigrant intent.

Bring anything with you that shows ties to Australia.. Employment letter and pay stubs, if you don't own real estate, do you at least have a rental agreement? How about a car?

My girlfriend's name is on the rental agreement and I sublet from her. Are there any official forms available that I can complete and that will be acceptable to the CO?

[jaycali 415]

Thanks for your reply. I'll find out soon if I am approved or not - my interview is next week. Does the fact that a previous visa has been approved make it any easier in the sense that an applicant has already jumped through the hoops and been approved?

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

My girlfriend's name is on the rental agreement and I sublet from her. Are there any official forms available that I can complete and that will be acceptable to the CO?

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

Edited April 1, 2012 by jaejayC

[Messinia 0]

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

Thanks for the feedback. I feel I have a 40 per cent chance of actually being approved.

Re Bank Statements - would a simple balance of all cash accounts be sufficient, or do I require a few months worth of statements?

[Messinia 0]

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

The visa was approved.

[Messinia 0]

Now that my B1/B2 visa has been approved, and given my past with the U.S. Immigration authorities, does this mean that I need to carry original documents (prior marriage cert, divorce papers, prior travel tickets/stubs etc) whenever I pass through a PoE?

I know I can still be refused entry even with a visa and I want to be prepared.

[Penguin_ie 5,993]

No need to bring those documents, but I would carry some proof of return- ticket to Canada, letter from employer stating when you are expected back, lease of home etc

[Messinia 0]

No need to bring those documents, but I would carry some proof of return- ticket to Canada, letter from employer stating when you are expected back, lease of home etc

Anyone would think they'd ask a thousand questions about the elephant-in-the-room.

[jaycali 415]

Anyone would think they'd ask a thousand questions about the elephant-in-the-room.

Haha..

Since it was only a day, a long time ago I doubt you'll be interrogated about it. Do expect a question or two though. Australians without major past violations or highly unusual travel movements aren't really their main concern. But they will see the elephant, and they will ask.

Congrats on getting the visa!

Edited April 22, 2012 by jaejayC

[Messinia 0]

Haha..

Since it was only a day, a long time ago I doubt you'll be interrogated about it. Do expect a question or two though. Australians without major past violations or highly unusual travel movements aren't really their main concern. But they will see the elephant, and they will ask.

Congrats on getting the visa!

Thanks. Now looking forward to taking some holidays at year-end.

[Messinia 0]

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

Update on this thread. I have just recently returned from my two week vacation in the United States.

So I obtained the B2 Tourist Visa in April last year. And last month I attempted entry through the San Francisco PoE. They said I had an "issue" with my passport and sent me to secondary inspections. After having to wait for 3 hours, they finally called me up to ask me questions. They asked about my previous visits, about the marriage, divorce etc. I had my paperwork ready (marriage certificate, divorce papers, my itinerary for this trip, employment letter, lease documents). The official was rude to me, but I just answered his questions truthfully and he then stamped my passport for a six month stay.

It was awesome to be able to holiday in the United States again. I returned to Sydney this week. The PoE official said that I would need to carry copies of marriage certificate/divorce papers and other documents every time I enter the United States.

Secondary Inspections is not a pleasant place. Be prepared, be honest, and all should go well.