Tourist visa from a visa waiver program country

[Simon88 0]

My girlfriend was denied a tourist visa three times over 2022-2024. She is Brazilian. All the visa denials were 214b. She is currently 20.

 

In the last year she has become an German citizen so now she holds dual citizenship with Brazil and Germany. The hope was obtaining German citizenship would grant her an ESTA however that too was denied. Now she would like to try for a tourist visa as an German citizen. I cannot find much case studies of these types of situations but the hope is that German citizenship is going to help a lot. Is it easier to get a tourist visa from a visa waiver country and anything that could be done to improve the chances for this type of application? thank you 

[OldUser 6,981]

42 minutes ago, Simon88 said:

My girlfriend was denied a tourist visa three times over 2022-2024. She is Brazilian. All the visa denials were 214b. She is currently 20.

 

In the last year she has become an German citizen so now she holds dual citizenship with Brazil and Germany. The hope was obtaining German citizenship would grant her an ESTA however that too was denied. Now she would like to try for a tourist visa as an German citizen. I cannot find much case studies of these types of situations but the hope is that German citizenship is going to help a lot. Is it easier to get a tourist visa from a visa waiver country and anything that could be done to improve the chances for this type of application? thank you 

I don't believe she'd have much more success this time just because she became a German citizen. After all, she's still the same person with same denials in the past. She can try, but she's showing desperation applying for visas every year and for Esta. Does she even have good ties to Germany now? If so, what are they?

[Simon88 0]

I have tried to look for some similar situations online but cannot find any...a situation where someone was denied a tourist visa from a NON visa waiver country but then received citizenship from a visa waiver program country and applied again for the tourist visa.

 

She does not have a lot of strong ties to Germany...she has a bank account, health insurance card, can get a letter showing she needs to go back to work.

 

She did have these things above when she only was Brazilian. 

 

I am just hoping that the German situation could help with 214b because someone who can stay in Europe indefinitely is less likely in my opinion to want to stay in the USA illegally than someone who can go back to Europe and work and live anywhere there.

[OldUser 6,981]

31 minutes ago, Simon88 said:

I have tried to look for some similar situations online but cannot find any...a situation where someone was denied a tourist visa from a NON visa waiver country but then received citizenship from a visa waiver program country and applied again for the tourist visa.

 

She does not have a lot of strong ties to Germany...she has a bank account, health insurance card, can get a letter showing she needs to go back to work.

 

She did have these things above when she only was Brazilian. 

 

I am just hoping that the German situation could help with 214b because someone who can stay in Europe indefinitely is less likely in my opinion to want to stay in the USA illegally than someone who can go back to Europe and work and live anywhere there.

If her situation in terms of ties in Germany is similar to what she had in Brazil and the only difference is her being German citizen now, I don't see an approval here. But she can try.

 

If she suddenly found herself running a successful business and purchased a property in Germany, that could improve her chances somewhat.

Edited November 22 by OldUser

[carmel34 3,646]

Best option if you want to see each other, is for you to travel to her, either Germany or Brazil, wherever she lives, or any country.  From what you have shared, it will be very difficult for her to get a B2 visa to visit you in the US.  Did she disclose on her previous applications that the purpose of her visit would be to see her significant other in the US?

[Simon88 0]

I am hoping and assuming that there is some benefit to being from a visa waiver program country. Technically there is supposed to be reciprocity.

No she did not disclose "boyfriend" or significant. I have been advised by some sources it would be good to mention as it would make a solid story for why to visit but others said no.

She did get approved for a Canadian eta although that does not help much. 

Edited November 22 by Simon88

[Boiler 45,733]

You can meet in Canada!

 

She can try, plenty of people from VWP countries get denied Bs.

 

I would wait until she has strong ties to Germany before applying.

[Simon88 0]

for context she has no criminal record

[Boiler 45,733]

2 hours ago, Simon88 said:

for context she has no criminal record

Must admit I never thought she did.

[SalishSea 17,970]

3 hours ago, Simon88 said:

I am hoping and assuming that there is some benefit to being from a visa waiver program country. Technically there is supposed to be reciprocity.

No she did not disclose "boyfriend" or significant. I have been advised by some sources it would be good to mention as it would make a solid story for why to visit but others said no.

She did get approved for a Canadian eta although that does not help much. 

It isn't recommended to lie when asked about friends/family in the US.....

[Simon88 0]

I will tell her it sounds like it will be a waste of time money stress  to apply. 

[ineedadisplayname 501]

17 hours ago, Simon88 said:

I have tried to look for some similar situations online but cannot find any...a situation where someone was denied a tourist visa from a NON visa waiver country but then received citizenship from a visa waiver program country and applied again for the tourist visa.

 

She does not have a lot of strong ties to Germany...she has a bank account, health insurance card, can get a letter showing she needs to go back to work.

 

She did have these things above when she only was Brazilian. 

 

I am just hoping that the German situation could help with 214b because someone who can stay in Europe indefinitely is less likely in my opinion to want to stay in the USA illegally than someone who can go back to Europe and work and live anywhere there.

You will have to list the denials on your ESTA application form I believe.

[OldUser 6,981]

25 minutes ago, ineedadisplayname said:

You will have to list the denials on your ESTA application form I believe.

Based on earlier messages, she already tried ESTA and got denied. OP is asking whether it's worth applying for visitor's visa as a German citizen. I don't see how it would get approved right now.

[ineedadisplayname 501]

3 minutes ago, OldUser said:

Based on earlier messages, she already tried ESTA and got denied. OP is asking whether it's worth applying for visitor's visa as a German citizen. I don't see how it would get approved right now.

oh my bad. I'll blame it on Friday. Had a long week, my reading comprehension is out the window.

 

I think it is money out the window situation, but you never know until you try but it is like 99% that she will be denied based on what was said above. She must have a job in Germany, otherwise I don't think they give you citizenship.

 

Is she planning on visiting and staying?

[Marieke H 2,520]

9 hours ago, Simon88 said:

She did get approved for a Canadian eta although that does not help much.

Depends on what your goals are. If the goal is to spend some time together, this is a huge help. It means you can meet in Canada, spend time together, and maybe start an I-129f or I-130 petition.

 

9 hours ago, Simon88 said:

I am hoping and assuming that there is some benefit to being from a visa waiver program country.

Even though she now has citizenship in a VWP country, she is still "from" Brazil. And having no ties to Germany and several denials on her record does not help.

 

9 hours ago, Simon88 said:

No she did not disclose "boyfriend" or significant. I have been advised by some sources it would be good to mention as it would make a solid story for why to visit but others said no.

She has to be truthful about the purpose of her visit.