VWP entry denied, applying for a B2 while waiting for divorce to be final and apply for K1?

[HanaBel 14]

Hello everybody!

First I want to thank you for providing me with so much great insights on immigration!

I found myself in a bit of a pickle through my own fault actually. Yesterday I got refused entry from VWP. I stayed too long last year and this year and frankly, I was surprised I never even got into secondary before (five visits, varying from 60 - 80 days since October 2014). I know they did the right thing, although the night at a detention center (just a procedure, they do not let you stay and wait overnight at LAX) was rather unpleasant.

To give you some background - in April 2014 I met my boyfriend, who came to Prague. We fell in love. He was married. We met after three months of relly intense online communication, for a week in China. In September 2014, he filed for divorce and I got my ESTA approval in August. Since the divorce takes place in California, we thought it will be anywhere between 6 months, or 9 months tops, to get at least bifurcation. Well, it has not be finalized yet and although the other side has been saying they agree to the bifurcation in principle, we are now more than 19 months in a nothing much got resolved. My boyfriend's lawyer filed a motion for bifurcation, and the courtdate is June, 17. So hopefully that will move forward. We plan to file for K-1 as soon as he has the paperwork in.

As a result of the prolongued situation, I have been travelling through VWP much more than I anticipated and since I never got questioned at POE (LAX), I kinda forgot to count the months in and out (which I did at the beginning). Again, I know they did the right thing and both the officers that interviewed me were borderline letting me stay. I was honest, told them what the plans are, told them that I am a freelance translator and work when I am home, that my boyfriend pays for me when I am in the US.

The second officer, the one who interviewed me in the "waiting" area, said I should apply for a tourist visa, that it is much more suitable for me. Just tell them what I told him and it should be easy. Now, as far as I know, they do not give B2 visas to girlfriends of US citizens very readily. Especially after being denied entry (I do have a stamp in my passport of being refused).

My question is - shall I even try applying for B2?

If so, what documents do you think I should bring as support? I can show them that I can support myself in my home country (bank statements and invoices for projects I did when I was there, business registration, tax returns), have a letter of my BF inviting me and stating that we will not get married while visiting on a B2, that we will apply for K-1 when eligible, maybe a copy of the divorce papers...

I know I will stay home for at least two and a half months, probably more, and my boyfriend will come to see me at the beginning of July. Depending on the state of affairs, I would plan to visit for 2-3 months from July, as I would go back for my K-1 visa. I have stated honestly that I do intend to immigrate later, but it is not possible now and intend to continue saying so.

Thank you for any insights.

Hana

[Penguin_ie 5,993]

I think your chances are slim, both due to how many visits you have had and the denial of entry, but also because you have few ties to home (could do freelancing in the USA), and have a US boyfriend about to be divorced, so they will suspect you of wanting to marry him while in the USA and stay. That being said, you have nothing other than the application fee to loose, as a tourist visa denial would not affect the later K1 as long as you are honest, so if you can afford it, why not give it a try.

[JFH 12,190]

You won't know until you try.

No need to say anything about not getting married on a tourist visa. That's actually perfectly legal. I got married on a VWP visit and returned, as planned, 72 hours after the wedding and we are now filing for CR-1. I wouldn't even bring marriage into the equation. He's your boyfriend. He's not even legally free to marry you yet anyway. So why even complicate the matter?

Your denial on the VWP had nothing to do with the purpose of your visits as you were previously admitted successfully more than once to visit your boyfriend. I have made many more visits to my husband (and when he was my boyfriend) and the reason for my visits has never been a problem. Your problem was the length of time spent in the USA vs your home country. You were using the VWP to effectively live in the USA in installments. Not what it's designed for, boyfriend or no boyfriend. At the conservative end of your claimed amount of time in the USA (5 visits of 60 days) you have spent 300 days there in the last 18 months. That's not tourism. I suspect the 80 days is closer to the mark which makes a total of 400 days. That's some brilliant freelancing that allows you to take 400 days off in an 18-month period! I assume you have not been working in the USA during your visits?

I think your chances are slim but for $160 you can find out the definitive answer to your question.

Edited May 17, 2016 by JFH

[HanaBel 14]

I suspect the 80 days is closer to the mark which makes a total of 400 days. That's some brilliant freelancing that allows you to take 400 days off in an 18-month period! I assume you have not been working in the USA during your visits?

I do get really well-paid jobs while I am here (my most recent one brought me about $2000 for ten days work) as translation and interpreting is well-paid. I always brought a letter from my future client, stating when and why I go back (like translating at a film festival). So that covers my expenses here. Plus if I need, my boyfriend sends me some money, too. In fact, my yearly income has not changed much despite the fact that I spent a lot of time abroad. I just work more intensely in short periods of time.

I do not work in the USA, although I help my boyfriend with administrative stuff, like filing papers or helping with a jammed computer or printer as I am more skilled in IT than him. But that is more like doing laundry or cooking, or at least I assume, since I am not using my skills. Who knows, maybe it would be a big no no as well.

My expenses here are almost very low, too. I was getting ready to leave, so I have no flat (rental or own) and I stay with my parents. That I think would definitely be the issue with getting a B2 - no ties, except for my dog who is still here.

I was really surprised when the CBP officer said I should apply for a tourist visa and it should be absolutely fine, when he knew all the info (with us wanting to get married).

Do you think it would be a good idea to call the embassy and ask? Robert is going to talk to an immigration lawyer, too.

[JFH 12,190]

The CBP officer at the airport is not the one who makes the decision as to whether you are approved for a visa or not. He will tell you anything to calm you down when you're upset at being denied and about to be shoved into a detention centre and deported the next day. He will probably never see you ever again.

Your chances are slim. You had a privilege that many in the world don't have - the VWP - and you abused it. Why would they grant you another privilege?

But it's worth a shot. Only costs $160 to find out.

$2000 for 10 days work is not a lot, in my opinion. And I don't think the interviewing officer at the embassy will think it is either. Especially when you are financing lengthy overseas trips and long periods of unemployment. That actually makes you look like you have even less reason to return. If you were making ten times that it would be a reason to return.

[az2014 381]

How long exactly did you spend on previous visits and how long did you leave between them?

Off course he told you to apply for a B2 visa, he can tell you whatever he wants. Saying its better suited to you and that it will be easy to get was his way of keeping you calm and not make a fuss about anything. He lied to you and is allowed to.

No point calling the embassy. Only way to find out is to apply. Your chances are very low.

Let us know the result.

[JFH 12,190]

How long exactly did you spend on previous visits and how long did you leave between them?

She said she can't even remember the dates but between 60 and 80 days each trip. 5 trips. I'll say the 80 days is the more likely story so that's 400 days in an 18-month period. More than two-thirds in the USA. Likely she needs to speak to IRS also as this will be of interest to them. Edited May 17, 2016 by JFH

[HanaBel 14]

She said she can't even remember the dates but between 60 and 80 days each trip. 5 trips. I'll say the 80 days is the more likely story so that's 400 days in an 18-month period. More than two-thirds in the USA. Likely she needs to speak to IRS also as this will be of interest to them.

I have the dates and it amounted to yes, about two thirds of 2015. With all that was happening with divorce and getting easy access previously (I seriously got incredibly lucky and I am aware of that) I got reckless.

I know I abused the VWP. And being an active reader at this forum way before becoming a member I also assumed my chances at getting a B2 are very slim. I just wanted to run it by you, guys.

As for the IRS - it's the past three years that count and it has to be a portion of all of them, but yes, I assume I will have to file a tax return in 2017.

[HanaBel 14]

The CBP officer at the airport is not the one who makes the decision as to whether you are approved for a visa or not. He will tell you anything to calm you down when you're upset at being denied and about to be shoved into a detention centre and deported the next day. He will probably never see you ever again.

Your chances are slim. You had a privilege that many in the world don't have - the VWP - and you abused it. Why would they grant you another privilege?

But it's worth a shot. Only costs $160 to find out.

$2000 for 10 days work is not a lot, in my opinion. And I don't think the interviewing officer at the embassy will think it is either. Especially when you are financing lengthy overseas trips and long periods of unemployment. That actually makes you look like you have even less reason to return. If you were making ten times that it would be a reason to return.

Thanks for the insights I am aware of how just the move was and that I would probably not get the tourist visa. As I said, I just wanted to run it by you guys here, to see how much sense the guy was making. I am not naive and when he insisted he tried to help, I know he maybe faintly tried at best.

Just FYI, $2000 is twice the average montly salary in the Czech republic, these things are very much country dependent, as you cannot compare wages and living expenses between countries. My yearly earnings (above local average) are somewhere between $10-15 thousand. I know it's not a lot in the US, but is above decent here. (We are a "poor-er" country ) and I think Czech embassy would know that.

Anyhow, my boyfriend is covering for the trips and all expenses in the US. My montly obligatory payments (social security and health insurance) are more than covered by what I earn inbetween.

The issue here is that I do not want to have a reason to return, but I will as I want to be compliant. Which they could believe or not. Most probably not.

So we will keep fingers crossed for a speedy finalization of the divorce and the K-1. And I may give the B2 a shot, as it is clear this will not influence the K1, right?

[HanaBel 14]

I did some math (my sleep deprived brain needs exercise) and in the past 570 days (since October 2014) I spent 384 in the US. Which is just below 2/3. Actually only one trip was 80 days, they avarage at 70. How could I forget to count when I did so very meticulously at the beginning, I don't know. I have myself to blame for not being stricter when my boyfriend wanted me to come as soon as possible and if I said I was going to stay 6 weeks he was very dissapointed. It was a timed bomb and I just didn't realize how close to explosion it was.

If I want to get back to "equilibrium", I need to spend about 4 months here. So now I will do the persuading to stay longer and come back sooner , as the ball is on his side now.

We will talk to an attorney, too. And see what they think.

But thanks a lot, to all of you. <3

Edited May 17, 2016 by HanaBel

[Unlockable 7,314]

You spent almost 70% of your time in the US in the last 19 months. Sounds like you were bitten by the Love Bug and lost track of time.

Interested to hear about the night at the detention center. Hope it wasn't too bad for you.

[HanaBel 14]

You spent almost 70% of your time in the US in the last 19 months. Sounds like you were bitten by the Love Bug and lost track of time.

Interested to hear about the night at the detention center. Hope it wasn't too bad for you.

That's very nicely said (and accurate )

They told us (there was another guy from the Netherlands who ended up on the same flight as me) that they will pick us up around midnight and take us to the detention center. Nothing allowed (they took my scarf and his shoelaces) and they said it will be cold. When the two officers arrived, they were quite civil, explained that they know we are not criminals, but that they help the CBP out. They put us in a police van (crazy metal thing like from a movie) and drove us about 30 mins downtown. We got searched and each put in a room of approx 22x25 feet, metal benches all around, two phone boots, two toilets (open, of course), crazy loud A/C and not loud enough TV, plus permanent light. The longest 5 hours of my life, I can tell you. I read all the posters about 5 times. The nice thing was that we got some good snack (sandwiches, banana, apple juice) which was a nice change from ramen noodles at the airport. And that I was alone in the room. Otherwise - I wouldn't recommend this hotel again. Neither their limo service. To loud inside, although I guess the bullet-proofness makes up for it.

[Unlockable 7,314]

Thanks for the story. Interesting to read about different experiences.

Glad they didn't treat you like a criminal nor with disrespect.

Good luck to you.

[subwayguy 100]

nope. don't waste your money and applying for a B2. wait till the divorce is final and then file for K1 or spouse visa. but mind you, by then he mind found another girl around the corner of a street. If he could leave his married wife for a random stranger found on the internet, he could leave you for somebody else in a heart beat.

[HanaBel 14]

nope. don't waste your money and applying for a B2. wait till the divorce is final and then file for K1 or spouse visa. but mind you, by then he mind found another girl around the corner of a street. If he could leave his married wife for a random stranger found on the internet, he could leave you for somebody else in a heart beat.

We did not meet over the internet, but in person and then we kept talking onlin. After spending all that time with him, I am pretty certain of our relationship and how much money he spent on the divorce while he could have just as easily not divorce at all. Frankly, I think it is quite rude to assume this when you know nothing about our relationship.

But thanks for the insight