Don't know what visa I should file for!!

[Stressed Out 81]

First of all, hi this is my first post on here. I've gotten a lot of help form this site on various laws and regs, but I'm still extremely confused as to which visa would be the smartest one to go for...

My husband of one and a half years(German citizen) and I have been planning on going to visit my parents in Oklahoma for Christmas and New Year's for about half a year now. We noticed his ESTA is going to expire in November, before we fly, so we applied for a new one this past Saturday and on Sunday morning found out his ESTA was denied. Yes, he was denied a B-2 visa in 2010 under the infamous 214(b) code, so we believe that's why it was denied, but he was still able to obtain an ESTA in 2010 the week after his visa was denied, so I find it weird that this time the ESTA wasn't approved.

I've already sent in a request for a redress, but I doubt it will do anything for us. We fly in two months time. Should we apply for another tourist visa or a spouse visa? I've heard the K-3 doesn't exist anymore. We DO NOT plan on moving there, only going for a 3.5 week visit and flying to Arizona in the middle of it.

Thanks for any advice.

[Nick1980 11]

First of all, hi this is my first post on here. I've gotten a lot of help form this site on various laws and regs, but I'm still extremely confused as to which visa would be the smartest one to go for...

My husband of one and a half years(German citizen) and I have been planning on going to visit my parents in Oklahoma for Christmas and New Year's for about half a year now. We noticed his ESTA is going to expire in November, before we fly, so we applied for a new one this past Saturday and on Sunday morning found out his ESTA was denied. Yes, he was denied a B-2 visa in 2010 under the infamous 214(b) code, so we believe that's why it was denied, but he was still able to obtain an ESTA in 2010 the week after his visa was denied, so I find it weird that this time the ESTA wasn't approved.

I've already sent in a request for a redress, but I doubt it will do anything for us. We fly in two months time. Should we apply for another tourist visa or a spouse visa? I've heard the K-3 doesn't exist anymore. We DO NOT plan on moving there, only going for a 3.5 week visit and flying to Arizona in the middle of it.

Thanks for any advice.

If you're thinking you can obtain a spousal visa in 2 months time, you might as well forget about that. The CR-1/IR-1 process can take many months, even years in some circumstances. If you have the money to throw around then you could apply for another tourist visa.

[canadian_wife 1,822]

You could try again with ESTA or a B-2 (why was he denied? I don't really want to look up the code) but a spousal visa is not for you nor would you obtain one in less than 2 months time

Good luck

[rhea and kolya 0]

It seems like the best route is to apply for a tourist visa, although there's a good chance of getting denied. The best way to minimize that risk is by establishing that you have a lot of reasons to stay in Germany. Having a job (especially if he's worked at the same place for a long time), owning property, etc.

The USCIS officer we spoke with advised us to get a tourist visa when we were asking about visiting for the summer, and then when we were submitting our i-130 (after getting denied a tourist visa...) the other officer seemed surprised that he was denied.

I also agree it's very unlikely to get a spousal visa in time, and unnecessary since you don't want to move there. We waited 2 months for our notice of approval alone.

[Stressed Out 81]

Thanks for all the quick responses. After reading further into the spousal visa I realize how long it'll take and, legally, you really shouldn't get the green card unless you want to live there. I guess trying the ESTA again and the B-2 are our only two choices...sighs.

And the 214(b) code is simply saying you don't have sufficient "ties" to your country. Back then we were just boyfriend/girlfriend and he wanted to stay longer than the 3 month limit for VWP citizens, so he applied for a tourist visa to come visit me and because of our stupidity we're dealing with this ####### now. At least now he's in an Ausbildung, and since the consular officers have to reside in Germany and are trained to know their culture/government at least they should realize an Ausbildung (internship) isn't like in America where you can just finish it when you're 60. You're lucky when you get one and the opportunity normally only comes once or twice in your youth. Plus, you're getting paid to go to school and obtain the equivalent of a bachelor's degree, so it's better than in the US, haha.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is not a spousal visa process topic.

[Teddy B 17,252]

What was the reason given for the recent ESTA denial?

[Harpa Timsah 13,258]

Apply for a B2 or follow through on the ESTA denial. Those are the options. Good luck.

[Harsh_77 718]

You should not apply for spousal CR1 if you are not planning to live in US. You should apply for B1/2 and you should show that you both have been living in Germany and you will continue to have life in Germany. All you are wanting to do is be with the family for the Christmas.

If you can show, you and your spouse are working in Germany have established a life in Germany getting a B1/2 should be easy.

[jaycali 415]

ESTA is an electronic system, so for the vast majority of people, no human will ever actually look at it before it comes back approved or denied. Therefore, you don't get a reason for any denial, a computer approves or denies. However, the previous B-2 denial is likely to be why the ESTA came back denied. Why did he apply for a tourist visa back then instead of just going on the VWP? And here's another important question, when he filled out the ESTA form, did he check "yes" for previous visa denials?

As other posters have stated, getting a spousal visa in 2 months is next to impossible. Most people wait 7 - 8 months, make that 3 - 4 months if you actually live in Germany with him and get it expedited through USCIS. You can always try ESTA again, and if denied, go apply for a B-2 again. As Harsh said, Germany is not a high-fraud or high-risk country, so if you can show that you both work in Germany or own property there, getting a tourist visa for him should be fairly easy.

Edited October 25, 2012 by Jay Jay

[Brother Hesekiel 2,236]

All you can do is try to get a B2. You'll need to approach this methodically and convince the C.O. that you two have no intentions to move to the United States anytime soon, as your husband is in the process of finishing his education. If you can't get this done, or just encounter a C.O. who isn't really listening, then you'll need to use the red dress another time.

http://immigrationroad.com/visa/214b-immigrant-intent-visa-denial.php

[Stressed Out 81]

Why did he apply for a tourist visa back then instead of just going on the VWP? And here's another important question, when he filled out the ESTA form, did he check "yes" for previous visa denials?

He applied for the B2 since he wanted to stay past the 3-month limit for VWP citizens. And, yes, we had to answer yes to the visa denial question. If they catch you lying then you get a 5-year ban from entering the US, which wouldn't necessarily make things easier.

My mom contacted Senator Inhofe's office to ask for any help they could offer and one gentleman said he'd call the ESTA offices by Monday. He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it) Even so it never was technically "denied" since the visa wasn't available for him and he never went to an interview for it. We simply gave up on that option and switched to the tourist visa, but since he had no strong ties except for saying he was "visiting family friends" the officer denied him.

and before you all wonder why we filed for the work visa back then...my parents own a heating and cooling company and were willing to hire him so he wouldn't just be sitting around while I was at college and all, but when they found out the visa wasn't going to happen they just said they'd pay for his food and boarding for the 5-6 months he'd be there.

[Boiler 45,519]

Germans can get Work Visa's.

Which one did your Parents apply for?

I can not tell if you got as far as an application, paid fee etc but a Visa can only be approved or denied. Not turning up is a denial.

I would agree your best chance is a B2.

[Brother Hesekiel 2,236]

He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it)

You are mistaken. Germans can get work visas the same way people from Mongolia or the South Pole can.

The United States government does not discriminate against Krauts or any other ethnic group.

[Moomin 292]

He applied for the B2 since he wanted to stay past the 3-month limit for VWP citizens. And, yes, we had to answer yes to the visa denial question. If they catch you lying then you get a 5-year ban from entering the US, which wouldn't necessarily make things easier.

My mom contacted Senator Inhofe's office to ask for any help they could offer and one gentleman said he'd call the ESTA offices by Monday. He says based on the fact that we even filed for a work visa in the past is probably why we had trouble. (Germans can't get a work visa, and they didn't say that on the website when we filed it) Even so it never was technically "denied" since the visa wasn't available for him and he never went to an interview for it. We simply gave up on that option and switched to the tourist visa, but since he had no strong ties except for saying he was "visiting family friends" the officer denied him.

and before you all wonder why we filed for the work visa back then...my parents own a heating and cooling company and were willing to hire him so he wouldn't just be sitting around while I was at college and all, but when they found out the visa wasn't going to happen they just said they'd pay for his food and boarding for the 5-6 months he'd be there.

Apply for a tourist visa and bring LOTS of evidence to tie your husband to Germany. Evidence meaning utility bills, lease/rent/owning property, car. Work/internship - a signed letter, probably also saying he is to return on a certain date(if possible). Anything that financially makes him tied to home country currently and in the future. Of course there are no guarentees he'll get the tourist visa but it's worth trying.

There is no other way you'll get another visa just to visit with such little time left.