Esta Revoked - should I rent a flat before reapplying?

[Boiler 46,102]

You can apply for a B anytime you like, anytime soon will be most likely just a fee donation.

[payxibka 10,047]

15 minutes ago, wandering said:

Thanks for your responses. 

 

Does this count as an overstay?  I didn't actually even leave the UK, I was denied boarding.

 

Denied entry can result in revocation of ESTA.

[SusieQQQ 11,587]

19 minutes ago, wandering said:

Thanks for your responses. 

 

Does this count as an overstay?  I didn't actually even leave the UK, I was denied boarding.

 

SusieQQQ is right.  I was going to spend some time in Mexico as well.   With hindsight I can see that I should have seen this coming.

 

 

I really need the visa for work, so yes, I'm seriously considering renting a flat to expedite the process of getting a visa again.   And as you say, if don't have a visa I probably won't be traveling as much so will need it anyway.

 

 

I'm really looking for advice on how long I should wait, and how important various things like having a flat, owning a car are etc. are?  And if there's any risk that setting these up just before an interview will ring alarm bells.

 

No, the poster who called it an overstay i think misunderstood you. Your ESTA was revoked on concern that you would overstay, not because you actually did. 

 

It’s a pity you didn’t do the research before going. The US is very, very clear about this, as mentioned for example multiple times on the page from the US embassy in the UK about ESTA: https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/visa-waiver-program-and-esta/

example of one answer: If your return journey will take you back through the United States, even if only in transit, the total trip, including both periods of time spent in the United States/Canada/Mexico Bermuda, or the islands in the Caribbean cannot exceed 90 days. If it does, you will require a visa.

 

owning a car is probably irrelevant tbh, it’s not much of a tie. You can sell a car in an hour. I’m not sure about the flat either if it’s just a rental, easy enough to break a lease. 

 

I’m not entirely connecting the dots between just leaving your job, starting your own business, planning to do all just-tourism traveling but at the same time really needing to visit the US for business. 

Edited January 2, 2018 by SusieQQQ

[wandering 0]

4 minutes ago, NuestraUnion said:

Putting my CO hat on for interviewing your case, I can see you establishing those things right before our interview will cause me to raise an eyebrow.

If they were set up some time before it would definitely look better. 

Doing so so right before the interview would cause me to want to question why haven’t  these ties been established until now.

Thanks for your opinion.   Just to talk it through, in response to a CO questioning why they haven't been established before I would say that I actually have been continuously employed in the UK for 7 years, and have been renting various apartments continuously for that period as well.   I only stopped being employed and stopped renting just before I attempted to go travelling for 3 months.  Now that travel in the US is off the table I'm switching back to renting mode, although will continue to be self employed.  

 

To be clear I'm not trying to argue and value your input here, just trying to understand how the conversation will likely go.

 

 

[Boiler 46,102]

Probably not much in the way of a conversation, likely to be a couple of questions about your denial.

[SusieQQQ 11,587]

7 minutes ago, wandering said:

Thanks for your opinion.   Just to talk it through, in response to a CO questioning why they haven't been established before I would say that I actually have been continuously employed in the UK for 7 years, and have been renting various apartments continuously for that period as well.   I only stopped being employed and stopped renting just before I attempted to go travelling for 3 months.  Now that travel in the US is off the table I'm switching back to renting mode, although will continue to be self employed.  

 

To be clear I'm not trying to argue and value your input here, just trying to understand how the conversation will likely go.

 

 

There might not be much of a conversation. I read somewhere that average interview time for a visit visa is 60-90 seconds. I don’t know if that’s accurate but it’s not inconsistent with my past own experience (where the longest interview took place after I had an immigrant visa approved and CO just checked that I was going to wait to do it legally, probably 90 seconds total...) Most of the time the CO has pretty much decided based on the answers in your DS160 and previous US travel history. It’s possible you will be an “on the fence” decision leading to a conversation but bottom line is that you don’t really have ties, and you have a revoked ESTA from concern about overstay, and it’s not going to be an easy conversation if there is one.

Edited January 2, 2018 by SusieQQQ

[Going through 5,671]

8 minutes ago, wandering said:

Thanks for your opinion.   Just to talk it through, in response to a CO questioning why they haven't been established before I would say that I actually have been continuously employed in the UK for 7 years, and have been renting various apartments continuously for that period as well.   I only stopped being employed and stopped renting just before I attempted to go travelling for 3 months.  Now that travel in the US is off the table I'm switching back to renting mode, although will continue to be self employed.  

 

To be clear I'm not trying to argue and value your input here, just trying to understand how the conversation will likely go.

 

 

CO's are looking for reasons to return to the home country....

 

Just to play Devil's Advocate, the CO may come back with the response of "so whats to prevent you from giving up your apartment/job again at the drop of a hat like before?"  and perhaps questioning your online employment since it can, by your admission, be done from anywhere using a laptop....another lack of tie to your home country.

 

Most likely, your interview will focus on  your previous ESTA revocation.

Edited January 2, 2018 by Going through

[wandering 0]

Just now, Going through said:

CO's are looking for reasons to return to the home country....

 

Just to play Devil's Advocate, the CO may come back with the response of "so whats to prevent you from giving up your apartment/job again at the drop of a hat like before?"  and perhaps questioning your online employment since it can, by your admission, be done from anywhere using a laptop....another lack of tie to your home country.

I completely agree.  This is what worries me so much.    What can I do to prove that I intend to stay?

 

[Going through 5,671]

7 minutes ago, wandering said:

I completely agree.  This is what worries me so much.    What can I do to prove that I intend to stay?

 

You meant "do not intend to stay", right?   

 

Ties to the home country----immediate family (spouse, children in home country), active bank accounts, stable employment, stable residence, bills, that sort of thing.

 

It sounds like you don't have any of that, unfortunately....

 

Edited January 2, 2018 by Going through

[SusieQQQ 11,587]

5 minutes ago, wandering said:

I completely agree.  This is what worries me so much.    What can I do to prove that I intend to stay?

 

In the short term, probably not much unfortunately especially with your own business, unless you can buy a property.... 

 

[lms 50]

All of that could have been avoided with a Return flight within 90 days. Or a flight to South America within those 90 days. 

 

Bummer. I would wait minimum of half a year before trying to apply for a B Visa. 

Travel somewhere else. Canary Islands are nice for example haha. 

 

& than simply build your life again in the UK, make a detailed travel plan before the interview.

[caliliving 606]

Not sure why you would book a trip for longer then 90 days when you can only stay up to 90 days on vwp....talk about lighting up a red flag!!!! You pretty much admitted you would overstay.

 

However, are you sure you weren't just denied entry? Why do you assume your esta was revoked just bc he didn't let you in? Did he tell you that? 

 

I don't think the red flag was your lack of job or apartment it was the fact you booked a return ticket >90 days:/ 

[WeGuyGal 1,052]

British Virgin Islands among the many options to travel for a Holiday, no visa required. 

[wandering 0]

1 hour ago, caliliving said:

However, are you sure you weren't just denied entry? Why do you assume your esta was revoked just bc he didn't let you in? Did he tell you that? 

 

An automated email came through shortly after notifying me of the status change.

[Pennycat 880]

Honestly, I'd make a plan to go traveling elsewhere. You're basically in the same boat as people from non-ESTA countries, which is hard enough for young people and so-called "digital nomads" but with an extra mark against you (you'd basically demonstrated that you intended to overstay, and no, going to Canada, Mexico and the Caribbean doesn't reset the 90 days, time spent there also counts against it, so having a return ticket leaving after 90 days, without showing evidence of flying outside of North America within those 90 days was the same as demonstrating that you were intending to overstay.

 

Otherwise, you'd need to get pretty established and maybe change jobs to something that has to be based in your country (?). They have to start the interview assuming that you intend to immigrate. you have to overcome that presumption by showing that you have more reason to go home than to stay in the US. Having a mobile job and not owning a home or business or having large cash reserves tied up in a bank makes that really difficult. In terms of the timing of trying again? There's no hard and fast rule but I'd say at least 6 months but that's really anyone's guess.