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Filed: Timeline
Posted

Hello,

I've been reading through this forum over the last couple days and I was just wondering if I could get a little advice?

My background is:

In May 2011 I applied for my first B2 Visa to go to the USA with my boyfriend (Who has dual citizenship between USA and UK) as a sort of gap year after we finished our Masters Degree Programmes. At the time I was hopeful that this would be accepted without too much trouble as I had found a lot of positive stories online with situations similar to my own. Unfortunately my Visa was denied. I realised afterwards that I should have just used the ESTA programme and settled for the 90 Days of travel instead of being greedy and wanting to visit for longer than that.

Anyway, my boyfriend's college friend is getting married in September and has invited us over to be a part of the ceremony. I would also be able to meet a lot of his friends and family that have not been able to visit us in the UK. So I filled out the DS-160 and called to make an appointment with the Embassy in London. The operator heavily suggested that I try again on the ESTA, so I took his advice even though I didn't think it would work because of my previous visa denial. When it was declined I filled out the DS-160 again so that I could include my ESTA denial on the application and this morning I made an appointment for an interview on the 20th June.

I'm planning to take with me:

- A letter from my employer stating that I have booked off 2 weeks of paid vacation and am expected back on a particular date, with my holiday form attached.

- A letter from my boyfriend's employer stating the same as the above.

- A letter of invitation from my boyfriend's mum as we will be staying with her so that she can confirm her address and the intent of the trip.

- A copy of our tenancy agreement to our rented property. (The problem with this is that it runs out on 2nd September which is before the planned date of travel, rent becomes month-to-month after that)

- Recent bank account statements and letters showing that I am responsible for paying all the bills (Gas, Electricity, Water, Internet, Council Tax) and my boyfriend is responsible for paying the rent.

- The itinerary of the flights there and back.

I know none of you can say for certain what the outcome of my interview will be, I know it's down to me rather than the documents in the end. But I was hoping you might be able to hazard a guess as to what might happen?

Thanks :blush:

Filed: Timeline
Posted

Hello,

I've been reading through this forum over the last couple days and I was just wondering if I could get a little advice?

My background is:

In May 2011 I applied for my first B2 Visa to go to the USA with my boyfriend (Who has dual citizenship between USA and UK) as a sort of gap year after we finished our Masters Degree Programmes. At the time I was hopeful that this would be accepted without too much trouble as I had found a lot of positive stories online with situations similar to my own. Unfortunately my Visa was denied. I realised afterwards that I should have just used the ESTA programme and settled for the 90 Days of travel instead of being greedy and wanting to visit for longer than that.

Anyway, my boyfriend's college friend is getting married in September and has invited us over to be a part of the ceremony. I would also be able to meet a lot of his friends and family that have not been able to visit us in the UK. So I filled out the DS-160 and called to make an appointment with the Embassy in London. The operator heavily suggested that I try again on the ESTA, so I took his advice even though I didn't think it would work because of my previous visa denial. When it was declined I filled out the DS-160 again so that I could include my ESTA denial on the application and this morning I made an appointment for an interview on the 20th June.

I'm planning to take with me:

- A letter from my employer stating that I have booked off 2 weeks of paid vacation and am expected back on a particular date, with my holiday form attached.

- A letter from my boyfriend's employer stating the same as the above.

- A letter of invitation from my boyfriend's mum as we will be staying with her so that she can confirm her address and the intent of the trip.

- A copy of our tenancy agreement to our rented property. (The problem with this is that it runs out on 2nd September which is before the planned date of travel, rent becomes month-to-month after that)

- Recent bank account statements and letters showing that I am responsible for paying all the bills (Gas, Electricity, Water, Internet, Council Tax) and my boyfriend is responsible for paying the rent.

- The itinerary of the flights there and back.

I know none of you can say for certain what the outcome of my interview will be, I know it's down to me rather than the documents in the end. But I was hoping you might be able to hazard a guess as to what might happen?

Thanks :blush:

The main thing is they will ask what has changed in YOUR circumstances significantly from the last time, and they will have to be convinced that you and said BF will not have one of those famous 'mind changes' that seem to befall so many people who claimed to have honest intentions - and run off to marry and live happily ever after in the US, thus avoiding months of separation while the immigrant papers are in process. Much of what you listed above will likely be a 'yawner'...virtually none of the above seem to suggest overwhelming reasons why you would return.

Since your BF has dual citizenship, he can do whatever he pleases...and so anything pertaining to his circumstances have little positive impact on you.

This remarkable marriage and the 'need' to visit/attend said wedding is far from a sufficient reason (alone) to make you suddenly qualified for the visa...remember, the reasons for going are nowhere near as important as the reasons for returning. :hehe:

Posted

I agree with Noah, other than your job, which isn't a real significant reason for you to return home, people quit their jobs everyday, there really isn't anything solid that you've posted for reasons you would return.

Seeing you've been previously denied, I would think you're going to need more, but you never know until you try.

Filed: Timeline
Posted

How long are you planning to stay this time?

If you applied for a B-2 visa to stay over 3 months, with little ties to the UK and a USC boyfriend, that's why you were denied. Most UK citizens can travel visa-free (VWP/ESTA) for up to 90 days, so the consulates in VWP countries seem to always get a little suspicious when someone applies for a B-2.

You now have a job, and so does he. You're not "in-between" anymore. If you're not planning on staying for an excessive amount of time, I don't think you should have too big of a problem getting the visa.

Filed: K-1 Visa Country: Wales
Timeline
Posted

From what I have seen usually ESTA comes back OK after 6 months or so gap between a B2 refusal and application.

I wonder what is different n your case?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Thanks guys.

The most significant changes since the last time I applied are that my boyfriend and I are now living together and paying rent on our own place whereas before we were living with my parents, and my boyfriend now has a well paying full time job which is something he would struggle to get in the US due to the unemployment rate being worse there.

At my last interview I didn't realise I needed to bring supporting documents with me so when the interviewer asked for things like my bank account statements and proof of employment I didn't have them with me.

We really have no intention of running away to get married, I'm only 23 and it's not high on my to do list right now - I realise it's easy to say but I just don't know how to prove that that's not my intention when I go to the interview?

Filed: Timeline
Posted

How long are you planning to stay this time?

If you applied for a B-2 visa to stay over 3 months, with little ties to the UK and a USC boyfriend, that's why you were denied. Most UK citizens can travel visa-free (VWP/ESTA) for up to 90 days, so the consulates in VWP countries seem to always get a little suspicious when someone applies for a B-2.

You now have a job, and so does he. You're not "in-between" anymore. If you're not planning on staying for an excessive amount of time, I don't think you should have too big of a problem getting the visa.

We're only planning on being there for 12 days.

From what I have seen usually ESTA comes back OK after 6 months or so gap between a B2 refusal and application.

I wonder what is different n your case?

Really? I didn't know there was any kind of time period tied to it. But it's been over a year now and they still denied me on the ESTA, my only "bad" answer was that I'd been denied the visa - I don't have any criminal record or anything.

Filed: Timeline
Posted (edited)

We're only planning on being there for 12 days.Really? I didn't know there was any kind of time period tied to it. But it's been over a year now and they still denied me on the ESTA, my only "bad" answer was that I'd been denied the visa - I don't have any criminal record or anything.

I have seen cases of people being previously denied a B-2, with approved ESTA, but it seems to be very random and mysterious how exactly they're approved. One thing is certain, if ESTA comes back denied, you need a B-2 visa.

You stood no chance of getting the visa at your first interview to be honest. Wanting to stay 3 - 6 months with a USC bf, no supporting documents of ties to the UK.. It just wouldn't legal for the CO to even issue you a visa.

That being said, I think this time you have a very good shot of actually getting the visa. 12 days with a job and supporting documents is a completely different case from 3 - 6 months with no documents and no job.

Edited by jaejayC
Filed: Timeline
Posted

I have seen cases of people being previously denied a B-2, with approved ESTA, but it seems to be very random and mysterious how exactly they're approved. One thing is certain, if ESTA comes back denied, you need a B-2 visa.

You stood no chance of getting the visa at your first interview to be honest. Wanting to stay 3 - 6 months with a USC bf, no supporting documents of ties to the UK.. It just wouldn't legal for the CO to even issue you a visa.

That being said, I think this time you have a very good shot of actually getting the visa. 12 days with a job and supporting documents is a completely different case from 3 - 6 months with no documents and no job.

Maybe there are different time periods they decide you have to wait before you can be approved for an ESTA, it does seem very strange but I understand why they have to do it.

When I look back on my initial decision to go for the B-2 and my first interview I can't believe how naive I was! I just saw on the confirmation letter to bring my Passport and didn't think about anything else, it seemed like it was just a formality. Only after it was denied did I find out all of the implications and what I should have done, everything is so much clearer in hindsight!

I do feel like I have a better chance this time as it's a very different situation now.

I also feel more at ease going in because I know what to expect in terms of procedure. Last time I had an 11:30am appointment but had to wait over 4 hours to be seen for my actual interview - I didn't even know there were two parts!

Do you happen to know how long administration would take if my visa is accepted? I've left about a 3month gap between interview and the trip and hoping that's enough.

Filed: Timeline
Posted (edited)

Maybe there are different time periods they decide you have to wait before you can be approved for an ESTA, it does seem very strange but I understand why they have to do it. When I look back on my initial decision to go for the B-2 and my first interview I can't believe how naive I was! I just saw on the confirmation letter to bring my Passport and didn't think about anything else, it seemed like it was just a formality. Only after it was denied did I find out all of the implications and what I should have done, everything is so much clearer in hindsight!I do feel like I have a better chance this time as it's a very different situation now. I also feel more at ease going in because I know what to expect in terms of procedure. Last time I had an 11:30am appointment but had to wait over 4 hours to be seen for my actual interview - I didn't even know there were two parts!Do you happen to know how long administration would take if my visa is accepted? I've left about a 3month gap between interview and the trip and hoping that's enough.

The vast majority of visa applicants get an approval/refusal on the spot. If approved, they usually have it stamped in your passport within a day or two, and then mail it to your hme address. Many consulates let you pick it up in person too the next day or a couple days after if you live nearby.

Glad to know you know better this time lol.

A visa refusal for lack of ties isn't a life sentence. It's just that the CO didn't confidently believe you would actually return home on time, or not seek to work illegally. In those cases, they are by law required to refuse your visa. If your situation changes, you're always welcome to apply for a new visa.

In many cases, a passport is enough. However, a 22 year old girl with a USC bf and in between jobs applying to stay for up to half a year with no finances to show, will have "possible immigrant intent" written all over her.

Edited by jaejayC
Filed: Timeline
Posted

The vast majority of visa applicants get an approval/refusal on the spot. If approved, they usually have it stamped in your passport within a day or two, and then mail it to your hme address. Many consulates let you pick it up in person too the next day or a couple days after if you live nearby.

Glad to know you know better this time lol.

A visa refusal for lack of ties isn't a life sentence. It's just that the CO didn't confidently believe you would actually return home on time, or not seek to work illegally. In those cases, they are by law required to refuse your visa. If your situation changes, you're always welcome to apply for a new visa.

In many cases, a passport is enough. However, a 22 year old girl with a USC bf and in between jobs applying to stay for up to half a year with no finances to show, will have "possible immigrant intent" written all over her.

Thanks jaejayC, I thought it was going to take at least a month to get my passport back! Good to know it'll be handled quickly. Thank you for answering all my silly questions :D

All I can do now is hope for the best and explain my situation as accurately and confidently as possible I guess! Hopefully I can come back to this thread and tell you some good news!

Filed: Timeline
Posted

Thanks jaejayC, I thought it was going to take at least a month to get my passport back! Good to know it'll be handled quickly. Thank you for answering all my silly questions :DAll I can do now is hope for the best and explain my situation as accurately and confidently as possible I guess! Hopefully I can come back to this thread and tell you some good news!

Any time. Just be confident in your answers and let us know it goes!

Filed: Timeline
Posted

So I had my interview yesterday. Unfortunately I was denied. I'm so upset with how it went and feel like I'm never going to be able to visit the US.

The interviewer was apologetic after I tried to talk to him after he gave me the refusal letter, but he was a little condescending whilst he was questioning me. For example, after I explained my education (Masters degree) and employment (at a supermarket) he asked "How are you just a 'Checkout Girl' if you have a Masters degree?" even though I explained I'm looking for jobs and internships to put my career on the right path but it is NOT easy to get a job these days. He also asked why my boyfriend and I don't just go and get married - I don't want to get married just for the sake of a little holiday to the US! I had compiled a folder full of evidence to support my ties but the interviewer was not interested in seeing it at all, I know they don't have any obligation to look at it but it upset me that he was so rude about it, he just cut me off and put his hand up to me whilst I was turning to the right page.

The interesting thing was, when I was called to the window there was a girl there who was still in the middle of her interview so I stood off to the side so she could finish. Another girl approached me and stood behind me because she was also waiting for an occupied window. We got to talking about what our plans were. She was also applying for a B2 Visa. She wanted to go to the US for 6 months. She had been made redundant. Her boyfriend was a USC who lived and worked in the US. I didn't say anything to her, but I didn't think she'd get the visa because of what I've read on forums like this - BUT SHE DID! I was shocked that she got hers with her situation and I didn't get mine :(

I don't know what to do now. My boyfriend is still going to go on the trip, the same as the last time I was denied. But like I said, I just feel like I have a permanent blotch on my record and they'll never see me as being eligible for a simple visit.

Filed: Timeline
Posted

So I had my interview yesterday. Unfortunately I was denied. I'm so upset with how it went and feel like I'm never going to be able to visit the US.

The interviewer was apologetic after I tried to talk to him after he gave me the refusal letter, but he was a little condescending whilst he was questioning me. For example, after I explained my education (Masters degree) and employment (at a supermarket) he asked "How are you just a 'Checkout Girl' if you have a Masters degree?" even though I explained I'm looking for jobs and internships to put my career on the right path but it is NOT easy to get a job these days. He also asked why my boyfriend and I don't just go and get married - I don't want to get married just for the sake of a little holiday to the US! I had compiled a folder full of evidence to support my ties but the interviewer was not interested in seeing it at all, I know they don't have any obligation to look at it but it upset me that he was so rude about it, he just cut me off and put his hand up to me whilst I was turning to the right page.

The interesting thing was, when I was called to the window there was a girl there who was still in the middle of her interview so I stood off to the side so she could finish. Another girl approached me and stood behind me because she was also waiting for an occupied window. We got to talking about what our plans were. She was also applying for a B2 Visa. She wanted to go to the US for 6 months. She had been made redundant. Her boyfriend was a USC who lived and worked in the US. I didn't say anything to her, but I didn't think she'd get the visa because of what I've read on forums like this - BUT SHE DID! I was shocked that she got hers with her situation and I didn't get mine :(

I don't know what to do now. My boyfriend is still going to go on the trip, the same as the last time I was denied. But like I said, I just feel like I have a permanent blotch on my record and they'll never see me as being eligible for a simple visit.

As you saw, papers do not prove intent...which is what the VOs are looking for....they are NOT required to look thru a pile of papers for that very reason...no paper can force you to leave the US.

Filed: Country: Vietnam (no flag)
Timeline
Posted

So I had my interview yesterday. Unfortunately I was denied. I'm so upset with how it went and feel like I'm never going to be able to visit the US.

The interviewer was apologetic after I tried to talk to him after he gave me the refusal letter, but he was a little condescending whilst he was questioning me. For example, after I explained my education (Masters degree) and employment (at a supermarket) he asked "How are you just a 'Checkout Girl' if you have a Masters degree?" even though I explained I'm looking for jobs and internships to put my career on the right path but it is NOT easy to get a job these days. He also asked why my boyfriend and I don't just go and get married - I don't want to get married just for the sake of a little holiday to the US! I had compiled a folder full of evidence to support my ties but the interviewer was not interested in seeing it at all, I know they don't have any obligation to look at it but it upset me that he was so rude about it, he just cut me off and put his hand up to me whilst I was turning to the right page.

The interesting thing was, when I was called to the window there was a girl there who was still in the middle of her interview so I stood off to the side so she could finish. Another girl approached me and stood behind me because she was also waiting for an occupied window. We got to talking about what our plans were. She was also applying for a B2 Visa. She wanted to go to the US for 6 months. She had been made redundant. Her boyfriend was a USC who lived and worked in the US. I didn't say anything to her, but I didn't think she'd get the visa because of what I've read on forums like this - BUT SHE DID! I was shocked that she got hers with her situation and I didn't get mine :(

I don't know what to do now. My boyfriend is still going to go on the trip, the same as the last time I was denied. But like I said, I just feel like I have a permanent blotch on my record and they'll never see me as being eligible for a simple visit.

You cannot compare your situation to the woman who got a visitor visa. You don't know her situation.

Let's examine yours. You have a master degree and working at a job that does not require any degree. You are underemployed. You have not been able to find a job in your field. With a US citizen boyfriend, what are your ties to the UK? A cashier job is not a significant tie for a master degree holder.

The other woman may have a good job. She may own property. She may have significant ties to the UK that you simply don't have.

Hopefully, you will develop strong ties to the UK that will allow you to get a visa or use the VWP to visit the US at some future point. You will need to show some significant changes that evidence strong ties to the UK or wait until ESTA accepts you.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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