Denied B-2 Visa

[MOtoCA 0]

It has been an interesting year and long story short... My (former) employer applied for an O-1 visa for me and the application was approved in May 2017. I went for my embassy interview (June 2017) and I wasn't on the system so they couldn't approve the visa. So we were in additional processing for 7 months with no update. My employer then said that they couldn't wait any longer and so were withdrawing the O-1 application and terminating my contract (Jan 2018). So that was the O-1 visa over.

But I have a motorcycle and an apartment full of stuff in the US that is waiting for me to go back.

 

I tried to get an ESTA for the VWP but that was rejected because of the withdrawn (denied) visa.

So the next step was a B-2 Tourist Visa. I applied and got an interview at the Embassy in London.

 

This morning (Feb 20 2018) I went for the interview and it was denied... Apparently I don't have enough ties to England, as I've lived in the USA since 2013. Apparently my family and my permanent address being in the UK isn't enough.

 

I told the Customs Officer that all I want to do is go over and empty my apartment, sell my motorcycle and bring my belongings back to the UK. But she said I can't do that as they think I might try and overstay my visa to remain there illegally. Which is a bit ridiculous as I wouldn't be able to get a job while I'm there, and I just want to get my stuff out of the apartment and sell my motorcycle.

The CO also said that it wouldn't be any use me re-applying for at least a year... Do I have any other options to get over there? The CO said that the withdrawn O-1 and now the denied B-2 wouldn't affect future work visa applications. I don't believe this as the O-1 affected the B-2.

And I still need to do my Taxes, when I can't access any of my tax documents... It's a messed up situation.

 

Any thoughts or suggestions are welcome.

[Boiler 45,932]

I would get a friend to sell your bike and send over your stuff, much cheaper than flying there.

 

You can file your tax on line.

[MOtoCA 0]

Just now, Boiler said:

I would get a friend to sell your bike and send over your stuff, much cheaper than flying there.

 

You can file your tax on line.

Flying over isn't even an option. Any suggestions on shipping companies?

 

I'm attempting to figure out my taxes. Good job I have almost 2 months to do it.

[Boiler 45,932]

i have not looked at US to UK, there is a moving back forum on BritishExpats, depends on how much you have, a few boxes, a container?

 

If a Container you could bring your bike bac.

[SusieQQQ 11,587]

3 hours ago, Boiler said:

I would get a friend to sell your bike and send over your stuff, much cheaper than flying there.

 

You can file your tax on line.

Seconded 

3 hours ago, MOtoCA said:

Flying over isn't even an option. Any suggestions on shipping companies?

 

I'm attempting to figure out my taxes. Good job I have almost 2 months to do it.

You should be able to file for an extension too. I seem to recall being outside the US gives you a fairly long  extension.

[SusieQQQ 11,587]

3 hours ago, MOtoCA said:

 

The CO said that the withdrawn O-1 and now the denied B-2 wouldn't affect future work visa applications. I don't believe this as the O-1 affected the B-2.

 

by the way, this does make sense to me. They're worried that you'll be looking for a job or working (illegally, many do, even some in occupations that might surprise you) if they give you a B visa, which is against the terms of the visa. If you legitimately apply for a work visa, they'll hardly be worried if you go sightseeing while you're working in the US. 

[geowrian 22,338]

I second the above. O-1 is a dual intent visa which permits immigrant intent and employment. A B-2 does not permit immigrant intent or employment.

[MOtoCA 0]

41 minutes ago, SusieQQQ said:

by the way, this does make sense to me. They're worried that you'll be looking for a job or working (illegally, many do, even some in occupations that might surprise you) if they give you a B visa, which is against the terms of the visa. If you legitimately apply for a work visa, they'll hardly be worried if you go sightseeing while you're working in the US. 

16 minutes ago, geowrian said:

I second the above. O-1 is a dual intent visa which permits immigrant intent and employment. A B-2 does not permit immigrant intent or employment.

It makes sense, but that should be written that if you've had an O-1 then you'll be denied a B-2 due to those worries.

You're allowed to negotiate contracts and have meetings with companies on the VWP.

I thought the fact that I just want to go over to sort out my life would show I wouldn't stay. I have no immigrant intent unless I get a job and legally get an O-1 visa. I would have thought my history of doing everything by the book would stand me in good stead.

But can't change anything now. I was advised to get a B-2 through my previous employer's immigration lawyers. I'll just wait for a year to get back to visit and get my stuff shipped in the mean time.

 

[SusieQQQ 11,587]

Wait, I think I missed something in the story. Did you have one O1, and then a second one denied? How was all your stuff in the US while you were interviewing in the UK? 

[MOtoCA 0]

20 minutes ago, SusieQQQ said:

Wait, I think I missed something in the story. Did you have one O1, and then a second one denied? How was all your stuff in the US while you were interviewing in the UK? 

I've been in the US for 4 years. 3 years on F-1, with a further year on OPT. I was then hired full time by my previous employer and was on O-1 status after my application was approved. So I was in O-1 status but the visa itself hadn't been completely approved.

So I had an apartment with 4 years work of belongings in it when I came back for my O-1 interview, and they are all still there waiting for me to get back. 

[SusieQQQ 11,587]

Ok... I don’t understand how someone can be in O (or any) status without an approved visa in that status ...but I never had a work-based visa so can’t pretend to entirely understand the process. 

 

In any case, it’s not difficult unfortunately to see why your B was denied from what you outlined there. Good luck with getting your stuff back - hope it’s not too much hassle

it would probably be helpful info wise if you do reapply for a visa in due course to update here too. 

[Coco8 1,042]

W2s can be send by e-mail if you contact HR. 

 

You can also store everything in one of those storage lockers until you can get a visa. Or you can store everything until you have the time and money to move what you want to the UK. Depending on the location, storage lockers can be pretty cheap.

 

 

[caliliving 606]

You can get a work visa your denied b2 or o1 will have no baring on that.

You won't get a visitor visa anytime soon so best to figure out a back up plan. You should have sold your things before you left. Lots of people in your situation so you aren't the first or the last. 

[CEE53147 559]

Power of attorney is required to allow others to act on your behalf in the USA.  Check rules as you may need a US notary stamp to make life easier on the person you choose.

[Coco8 1,042]

It would have been best to do the O1 with AOS inside the US from F1 --> O1. That way, you'd avoid going to the consulate. The consulate in the UK is pretty bad at dealing with O1s. There are several people on VJ that have been waiting for months for their O1 in the London consulate and some ended up being denied (even though USCIS had approved them).