Was my visa refused?

[Roel 7,193]

1 minute ago, Robbie said:

That's what I'm going to do if it's indeed refused. Aren't all these assumptions they make a little old-fashioned? If I'm not settled, I won't be settled there neither haha.

 

I am settled though, I just love travelling.

Well, you're only option is to go back to Poland, provide sufficient proofs that you will return to Poland after your US trip and hope for the best. Although I wouldn't bother applying for at least another 6 months, since you'd just probably get a second refusal.

 

 

[Robbie 1]

1 minute ago, Roel said:

You can only apply for a US visa either in your home country or the country where you're a legal resident.

 

You can't just go "visa shopping" in any country you're currently staying..

 

So that was the main reason you were refused.

Second reason, sounds you were planning on working in the US.

This is not true. People get visas in European Union from foreign countries. Maybe it's just that every country has different view on that.

 

And you also seem to don't get the idea of the remote work, just like the woman at the embassy. Welcome to the XXI century.

[Ben&Zian 4,398]

2 minutes ago, Robbie said:

That's what I'm going to do if it's indeed refused. Aren't all these assumptions they make a little old-fashioned? If I'm not settled, I won't be settled there neither haha.

 

I am settled though, I just love travelling.

 

Well think of it as they would... You're applying from a third party country, while traveling, and can work remotely... If you go to the US you can wok remotely still.. why return home afterwards? That's how they view it. Maybe it is "old fashioned" to some; but the CO's job is to think you aren't going to return and it's your duty to persuade them otherwise with evidence of strong ties to your home country. So applying while traveling and working remotely doesn't show very strong ties to me honestly. Nothing against you personally to them, that is just how they conduct their job. So your best bet again is simply whenever you get back to Poland, you can then try to apply again; but you may also have to now note to them that you had been refused a visa previously and try to explain it.

[Roel 7,193]

Just now, Robbie said:

This is not true. People get visas in European Union from foreign countries. Maybe it's just that every country has different view on that.

I'd suggest stop saying "European Union" in every post, because it's irrelevant here.

 

Like I said, you'd have to be a legal resident in France, in order to apply for US visa within France.

 

 

Just now, Robbie said:

 

And you also seem to don't get the idea of the remote work, just like the woman at the embassy. Welcome to the XXI century.

I get the idea. It's still a "gray" area when it comes to US tourism - generally they want you to go being a "tourist" not live in the US, while working remotely.

[Crazy Cat 42,046]

4 minutes ago, Robbie said:

Aren't all these assumptions they make a little old-fashioned?

No.  In fact, they are prudent considering today's society and the number of "tourists" who overstay their visas and illegally live in the US.  

[Ben&Zian 4,398]

Just now, missileman said:

No.  In fact, they are prudent considering today's society and the number of "tourists" who overstay their visas and illegally live in the US.  

 

This is important. Even people who don't work at all still overstay and all... let's just say my husband knows of a couple "friends" of his who are doing it right now in the US.. 

[Robbie 1]

2 minutes ago, Roel said:

I get the idea. It's still a "gray" area when it comes to US tourism - generally they want you to go being a "tourist" not live in the US, while working remotely.

I applied for B1/B2 though, so it's not a pure tourist visa.

 

If that's the case with the need of being a citizen, why wouldn't they reject the applications instantly? Like I said, this is not a rule and yes, EU is relevant here.

[Ben&Zian 4,398]

Just now, Robbie said:

I applied for B1/B2 though, so it's not a pure tourist visa.

 

If that's the case with the need of being a citizen, why wouldn't they reject the applications instantly? Like I said, this is not a rule and yes, EU is relevant here.

 

B1, business visa, is more for meetings/conventions, ect.. not pure working

 

[Crazy Cat 42,046]

1 minute ago, Robbie said:

I applied for B1/B2 though, so it's not a pure tourist visa.

 

If that's the case with the need of being a citizen, why wouldn't they reject the applications instantly? Like I said, this is not a rule and yes, EU is relevant here.

I would bet that another huge reason for your denial is lack of ties to your country.  You have the burden to convince the officer that you would have returned to your country.  Being so mobile, and the having the ability to illegally work in the US did not help your case.  It sounds like the officer had a pretty good idea of what "remote work" is....

[Robbie 1]

But how is my work illegal? I explained to her that I'm paying my taxes in Poland and work remotely for international clients. This is how IT industry works for years now.

[Roel 7,193]

5 minutes ago, Robbie said:

I applied for B1/B2 though, so it's not a pure tourist visa.

 

If that's the case with the need of being a citizen, why wouldn't they reject the applications instantly? Like I said, this is not a rule and yes, EU is relevant here.

I didn't say you need to be a citizen in that country. I said, legal resident. There's a difference. And no, EU is not relevant. US embassy doesn't care if you're from EU or not when applying for the tourist visa.

 

So to sum up:

1. You applied as a tourist in the country = US visa refused.

2. You have no ties to your home country = US visa refused.

3. You work remotely, shows lack of ties = US visa refused.

 

B1/B2 doesn't mean you can live and work "remotely" from the US.

[Sunnyland 639]

Like others said, that you applied from another country pretty much set off the alarm for them. And they do know what remote work is. Try again but from your own country. Better luck next time.

[Ben&Zian 4,398]

1 minute ago, Robbie said:

But how is my work illegal? I explained to her that I'm paying my taxes in Poland and work remotely for international clients. This is how IT industry works for years now.

 

It isn't that it is "illegal". It's a gray area as noted by Roel.

 

The issue is why would you return home after your stay when you can work remotely. That is one of the issues. 

 

Also other issue is you were already traveling and able to work and sustain yourself, so you could in a sense stay in the US doing the same.

 

This isn't an argument with you, We are just pointing out the main issues the embassy most likely had and caused the refusal. 

[Robbie 1]

You guys are probably right. They could have just thrown me to the same box with these people who exist illegally wherever. This is quite offensive for digital nomads though, who just travel and change their places.

[Robbie 1]

I didn't look at it from the perspective of "not going back" to be honest. I thought being somewhere for longer than you can is just a crime like any other and that didn't even come to my mind.