Chance of getting a tourist visa with USC boyfriend... ever?

[warmnoodle 0]

First, let's establish the facts: I'm an idiot. I didn't do any research. I was greedy and wanted more than the 3 months allowed on the VWP. I showed up at the B2 interview saying "oh yeah, just wanted to visit my boyfriend... we've been together for a year... he was in New Zealand on a working holiday visa... just thought it might be nice to stay for Christmas as well as the Summer... I have a job that lets me work remotely....Yeah I just started it three weeks ago..."

Bam, bam, bam. Drowning in a sea of red flags. The VO looked at me with some pity, like I was Mr Bean plonked down on the pavement without a clue. 214b.

The guy stressed to me that I could reapply. I thought "oh how foolish of me, I'll just give them more info" and gathered more documentation -- all of which I considered compelling, but none of which was very exciting in hindsight. Denied again. ESTA denied.

Nothing out of the ordinary so far. There's no need to berate me, I've done that enough myself.

So I've given up on the idea of visiting the US any time in the next six months. Not even going to try. But my question is... are they ever likely to let me in on a tourist visa (VWP) ever again?

1) I have a USC boyfriend, whose family I would like to meet

2) I telecommute for work. My work is based in Australia. I'm based in New Zealand.

3) I don't have a house, nor children. I have a car and a storage unit.

It is likely that all these things are written into my record somewhere, so I'm not going to lie.

It is also likely that these things are not going to change any time soon.

I imagine that an ESTA might be approved some time in the future, but is CBP going to let me through once I reach the airport or border if I give these same answers?

Should we just begin proceedings for a K1, just so I can get in the freaking country to meet his family? I don't want to stay. I just want to visit. That's a damn expensive way to visit. Should I quit my job and find something that ties me down? Buy a house and go into debt? Start my own business? Adopt a child? All so I can meet his brothers and sisters?

If we were to get married, would that help at all? I have the feeling it wouldn't. If he were to live in New Zealand with me for a year (I can sponsor him), would that help? (Especially if he could start residence proceedings here.)

If I were to visit Canada on a WHV (I'm 32, and Kiwis get in up to 35. Nice!) and in six months try to cross the border to maybe have Christmas with his family, and answer truthfully when they ask "Why do you want to visit the United States?" -- are they likely to refuse me, and thereby earn me an even bigger black mark on my record? He lives in one of the northern states, just across the dotted line. Even from here it kind of looks like I'm just camping out in Canada until the US will let me in, even though I'm quite excited by the idea of Canada itself.

I'm feeling a little hopeless at the moment. And probably overthinking it. Any recommendations or reassurance would be welcome.

(PS: Yes, he can get a WHV for Australia. Yes I can sponsor him to New Zealand easy as pie. There's not much stopping us from actually being together - fortunately. But I really want to see where he comes from and meet his family. Kind of don't feel like I can really completely know him until that happens.)

[canadian_wife 1,827]

So I guess the first question is....why wasn't the VWP enough for you in the first place?

With the denial and the flags, as you said, I cannot see a tourist visa in your new future

Good luck

[warmnoodle 0]

So I guess the first question is....why wasn't the VWP enough for you in the first place?

With the denial and the flags, as you said, I cannot see a tourist visa in your new future

Good luck

As I said, I have already berated myself enough. My brother applied for a B2 visa last year just so he could have more time in the US. He said it was a piece of cake, and gives you more time. (He didn't even end up using it.)

I assumed it was a formality, and thought $208 was a reasonable price to pay to have the possibility of staying for Thanksgiving and Christmas.

You know all these answers already, because they are the same ones that everyone here gives.

Thanks for your reply though.

[Ryan H 3,828]

I imagine that an ESTA might be approved some time in the future, but is CBP going to let me through once I reach the airport or border if I give these same answers?

You can give truthful generic answers to questions by CBP (i.e. you do not have to volunteer information not asked). However, if you are asked specific questions, you must provide specific answers. Regardless of what happens, CBP makes the determination and no one here can definitively say one way or the other what they will decide.

and in six months try to cross the border to maybe have Christmas with his family, and answer truthfully when they ask "Why do you want to visit the United States?" -- are they likely to refuse me, and thereby earn me an even bigger black mark on my record? He lives in one of the northern states, just across the dotted line. Even from here it kind of looks like I'm just camping out in Canada until the US will let me in, even though I'm quite excited by the idea of Canada itself.

If you try a land crossing from Canada without a valid ESTA or visa beforehand, you WILL be turned away.

[Noah Lot 391]

First, let's establish the facts: I'm an idiot. I didn't do any research. I was greedy and wanted more than the 3 months allowed on the VWP. I showed up at the B2 interview saying "oh yeah, just wanted to visit my boyfriend... we've been together for a year... he was in New Zealand on a working holiday visa... just thought it might be nice to stay for Christmas as well as the Summer... I have a job that lets me work remotely....Yeah I just started it three weeks ago..."

Bam, bam, bam. Drowning in a sea of red flags. The VO looked at me with some pity, like I was Mr Bean plonked down on the pavement without a clue. 214b.

The guy stressed to me that I could reapply. I thought "oh how foolish of me, I'll just give them more info" and gathered more documentation -- all of which I considered compelling, but none of which was very exciting in hindsight. Denied again. ESTA denied.

Nothing out of the ordinary so far. There's no need to berate me, I've done that enough myself.

So I've given up on the idea of visiting the US any time in the next six months. Not even going to try. But my question is... are they ever likely to let me in on a tourist visa (VWP) ever again?

1) I have a USC boyfriend, whose family I would like to meet

2) I telecommute for work. My work is based in Australia. I'm based in New Zealand.

3) I don't have a house, nor children. I have a car and a storage unit.

It is likely that all these things are written into my record somewhere, so I'm not going to lie.

It is also likely that these things are not going to change any time soon.

I imagine that an ESTA might be approved some time in the future, but is CBP going to let me through once I reach the airport or border if I give these same answers?

Should we just begin proceedings for a K1, just so I can get in the freaking country to meet his family? I don't want to stay. I just want to visit. That's a damn expensive way to visit. Should I quit my job and find something that ties me down? Buy a house and go into debt? Start my own business? Adopt a child? All so I can meet his brothers and sisters?

If we were to get married, would that help at all? I have the feeling it wouldn't. If he were to live in New Zealand with me for a year (I can sponsor him), would that help? (Especially if he could start residence proceedings here.)

If I were to visit Canada on a WHV (I'm 32, and Kiwis get in up to 35. Nice!) and in six months try to cross the border to maybe have Christmas with his family, and answer truthfully when they ask "Why do you want to visit the United States?" -- are they likely to refuse me, and thereby earn me an even bigger black mark on my record? He lives in one of the northern states, just across the dotted line. Even from here it kind of looks like I'm just camping out in Canada until the US will let me in, even though I'm quite excited by the idea of Canada itself.

I'm feeling a little hopeless at the moment. And probably overthinking it. Any recommendations or reassurance would be welcome.

(PS: Yes, he can get a WHV for Australia. Yes I can sponsor him to New Zealand easy as pie. There's not much stopping us from actually being together - fortunately. But I really want to see where he comes from and meet his family. Kind of don't feel like I can really completely know him until that happens.)

In a word, No. Maybe in five years......your case is oh so typical..the 'gosh, I work from home so I can take off for six months' as some sort of 'tie' to one's home country...as if working remotely requires your presence in the home town...and yes, our border officials can see the ESTA dings, the 214b and will be extremely leery of allowing you in my country to promptly change your mind....so....time to consider the K1....

[jaycali 415]

Tourist visa and ESTA/VWP program are two different things. You're not eligible for the VWP again unfortunately after the visa denials.

Hate to say it, but yes, you would have probably gone through the POE the first time on the VWP with no problems had you not applied for the B-2..

You can't enter the US as a tourist at all without a B-2 or approved ESTA. Without one of the two, you simply won't be allowed to cross the border, whether it's from Canada or through LAX. A Canadian WHV is valid in Canada only, it's irrelevant for entry to the US.

Do you guys plan to live in the US? If so, your B-2 refusals won't matter for a K-1 our CR-1. Unless your circumstances change though, you probably won't have a B-2 in the immediate future.

On a brighter note. You probably will be able to get a B-2 some time in the future. 214b is not permanent. Just means the VO didn't confidently believe that you wouldn't violate the visa terms. (and I don't blame him:) )

Edited June 17, 2012 by jaejayC

[Harpa Timsah 13,258]

You're from Aus? Try ESTA again in a bit... it will take some time, but yes, you can be approved for some sort of tourist visa again.

[warmnoodle 0]

Ok, so with a K1, how long could it be before I am able to visit the US? (6 months or so?)

Once the I-129F is filed, am I right in assuming that I now have "immigrant intent" and am not able to use the VWP?

Can I do this from Canada, or do I need to return to New Zealand?

And to be eligible to petition for me, my boyfriend needs to maintain his job and house in the US? (In other words, no coming back to New Zealand with me?)

This is a little ridiculous. I'm seriously not keen on living in the US, but seriously keen to be able to visit.

[Harpa Timsah 13,258]

Ok, so with a K1, how long could it be before I am able to visit the US? (6 months or so?)

Once the I-129F is filed, am I right in assuming that I now have "immigrant intent" and am not able to use the VWP?

Can I do this from Canada, or do I need to return to New Zealand?

And to be eligible to petition for me, my boyfriend needs to maintain his job and house in the US? (In other words, no coming back to New Zealand with me?)

This is a little ridiculous. I'm seriously not keen on living in the US, but seriously keen to be able to visit.

Don't do the K-1 just to get a chance to visit. The K-1 is appropriate if you want to marry in the US, and then petition to live in the US after your marriage. You sound like you don't want to do that just yet. So, give the VWP a bit so the denial is not so recent and have your bf visit you, or visit in a 3rd country.

[jaycali 415]

Ok, so with a K1, how long could it be before I am able to visit the US? (6 months or so?)Once the I-129F is filed, am I right in assuming that I now have "immigrant intent" and am not able to use the VWP? Can I do this from Canada, or do I need to return to New Zealand?And to be eligible to petition for me, my boyfriend needs to maintain his job and house in the US? (In other words, no coming back to New Zealand with me?)This is a little ridiculous. I'm seriously not keen on living in the US, but seriously keen to be able to visit.

K-1 is not the route to go if you only want to visit.

Once the I-129f is filed, you have "immigrant intent" yes, but not necessarily during your visit while it's pending. It's fully possible to visit the US with a pending I-129f as long as your intent then is just to visit. You still will not be let into the country without a valid ESTA or B-2.

The I-129f can be filed from anywhere, and you can be anywhere when it's filed.

Your boyfriend can file for you while he lives in New Zealand, but may need to get a co-sponsor in the US to meet income requirements.

This all being said, you should not file an I-129f if your purpose is only to visit the US. The K-1 visa requires that you get married within 90 days of entering, and then adjust status to lawful permanent resident.

Like Harpa says. You may want to just wait it out and try ESTA a little further into the future. It might come back approved, it might not. If it does come back approved, you're good to go. CBP may or may not question you a bit further.

Edited June 18, 2012 by jaejayC

[Harpa Timsah 13,258]

I want to add to my previous reply that the K-1 in total takes 8-10 months, so trying ESTA again in 6 months or something is faster anyway.

[warmnoodle 0]

I want to add to my previous reply that the K-1 in total takes 8-10 months, so trying ESTA again in 6 months or something is faster anyway.

But if my situation hasn't changed, and they ask, and I'm still working remotely, and I still have a boyfriend who is a US citizen...

I'm thinking that once I get to the POE with an ESTA they're a bit more inclined to review my situation a bit more thoroughly. I've watched Border Patrol and those guys seem nice as pie. Hell, they even look through your bags. That's so nice... I wish my visa officer had been so comprehensive.

I'm probably just working myself into a state. And my boyfriend is in a state. And maybe one day we can be together. In united... states.

Wah waaah. (Sorry)

[Harpa Timsah 13,258]

You would have been able to visit on the VWP with a USC boyfriend and everything. Instead, you went and asked for B2 visa. You did not have a good reason for needing 6 months instead of 3, and in fact, you were not going to take off work, but work in the US (bad idea). Now you have a recent visa denial. Let the denial become less recent and you have a much better chance for ESTA approval. It's not hopeless forever.

[ceadsearc 516]

You mention having your BF move in with you. IMO, this may be your best option if it is something you are both serious about. You would be able to be together and that might well help you to be able to travel as a tourist in the future - if your USC boyfriend resides abroad with you, those are ties to your country/reason you won't be overstaying. No guarantees, of course, but at least you'd be together in the meantime.

[Boiler 46,000]

I agree, try ESTA in 6 months or so.

Assume they will be visiting you.

You are not allowed to work in the US as a tourist.