Visiting US after abandonment k1

[Boiler 45,727]

I do not see anything right with those comments. When you do not understand the situation best to leave alone.

[DeniseBill 4]

Well I got an email back from the US embassy. I need to apply for a non-immigrant type B visa. They said I have a good chance of getting approved without any problems because of my situation.

Thanks everyone

[jaycali 415]

Well I got an email back from the US embassy. I need to apply for a non-immigrant type B visa. They said I have a good chance of getting approved without any problems because of my situation.Thanks everyone

It is my impression that consulates in most northern European (perhaps also most VWP) countries generally tend to be on the very lenient side compared to various consulates around the world. They still have to follow US immigration law of course, but the "presumed immigrant" intent is usually a non-issue in most cases. If you've overstayed of course it adds to the "immigrant intent" presumption, but given your situation I'd have a pretty good feeling.

I'm basing this on personal experience and stories from friends so don't take it as any sort of well documented fact or advice.

I've been to three student visa interviews here in Norway, and have never once been asked to show any ties.

Edited April 4, 2012 by jaejayC

[Darnell 8,478]

Well I got an email back from the US embassy. I need to apply for a non-immigrant type B visa. They said I have a good chance of getting approved without any problems because of my situation.

Thanks everyone

so, no setting up via the ESTA web portal ? Why not ?

[Boiler 45,727]

Why bother?

Not eligible to apply.

[jaycali 415]

so, no setting up via the ESTA web portal ? Why not ?

You can't enter under the VWP with a past overstay.

If by some miracle her ESTA was approved, she'd still most likely be denied at POE. Better to go for visa.

[Laure&Colin 558]

It is my impression that consulates in most northern European (perhaps also most VWP) countries generally tend to be on the very lenient side compared to various consulates around the world. They still have to follow US immigration law of course, but the "presumed immigrant" intent is usually a non-issue in most cases. If you've overstayed of course it adds to the "immigrant intent" presumption, but given your situation I'd have a pretty good feeling.

I'm basing this on personal experience and stories from friends so don't take it as any sort of well documented fact or advice.

I've been to three student visa interviews here in Norway, and have never once been asked to show any ties.

This is however not true for tourist visas. A while ago, someone posted the stats of B1/B2 visa acceptance rate for all the embassies in the world and the Western European ones were pretty low, a lot lower than consulates deemed more difficult.

I suppose it is due to the fact that the only people who have to apply for tourist visas in VWP countries are ineligible for VWP, meaning they have a past of overstay or another kind of issue. But still, it means they don't give out tourist visas more easily than anywhere else.

[jaycali 415]

This is however not true for tourist visas. A while ago, someone posted the stats of B1/B2 visa acceptance rate for all the embassies in the world and the Western European ones were pretty low, a lot lower than consulates deemed more difficult.I suppose it is due to the fact that the only people who have to apply for tourist visas in VWP countries are ineligible for VWP, meaning they have a past of overstay or another kind of issue. But still, it means they don't give out tourist visas more easily than anywhere else.

Yes, those stats are based on B-2 visas only, meaning they don't include the vast majority of VWP country travelers who don't need visas. The Netherlands had a B-2 refusal rate in 2011 of 21.1%. When you add up that every VWP citizen who applies for a B-2 does so because they (for the most part) either 1. Have a criminal record, 2. Past overstay/negative immigration history, 3. Planning to stay longer than 90 days, or otherwise don't qualify for VWP travel, I'd call it somewhat lenient. This means 78.9% of Ducth citizens applying were ultimately approved for B-2s despite their negative immigration history, criminal history, or plans for extended stay.

I added the refusal rates by nationality for 2011.. Lol, The interesting one there is Canada..

Edited April 6, 2012 by jaejayC

[Rebecca Jo 1,962]

This is however not true for tourist visas. A while ago, someone posted the stats of B1/B2 visa acceptance rate for all the embassies in the world and the Western European ones were pretty low, a lot lower than consulates deemed more difficult.

I suppose it is due to the fact that the only people who have to apply for tourist visas in VWP countries are ineligible for VWP, meaning they have a past of overstay or another kind of issue. But still, it means they don't give out tourist visas more easily than anywhere else.

Because generally a B1/B2 isn't needed (because of the VWP). Tons of people ask for them just so they can stay longer than 90 days. All those folks are going to get tossed.

[DavenRoxy 1,073]

I know it's over a year old, but does anyone know the outcome of their situation?

Edited September 1, 2013 by DavenRoxy

[VanessaTony 3,567]

I know it's over a year old, but does anyone know the outcome of their situation?

The OP asked about filing AOS from overseas in this thread http://www.visajourney.com/forums/topic/383857-applying-for-aos-while-being-out-of-country/

They haven't been online (at least on that account) since they were told they need to file a CR-1/IR-1.