B2 visa just refused - advice?

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Old Oct 8th 2009, 8:38 pm
  #16  
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Default Re: B2 visa just refused - advice?

Yes as I said before I do know my VWP 90 day clock doesn't get reset when I enter Canada and come back to US but the original idea was to try and reset "the whole VWP" (not just the clock) to get a new 90 day admission. As in entering Canada and trying to come back after I've stayed for more than 90days total combined in both US&Can.

Originally Posted by Bill_S
That's exactly what I mean. The reason for denying your entry would be that they are afraid the US won't give you another visa waiver entry, and then Canada will be stuck with you. There was a thread about this a couple of years ago. Somebody tried to get into Canada near the end of a visa waiver period, and the Canadians said no. Nobody can tell you for certain what will happen if you try this, but the risk is there.

Edited to add: here's the thread - link
I wonder if this could be a problem also if I tell the Canadian border officer that I'll be flying directly back to Finland from Canada... As a Finnish citizen I normally would be allowed to stay in Canada for 6 months so I hope the Canadian authorities wouldn't have a problem with that (even though I might not have flights booked at that point yet)? I think in the case you linked above it was the border officers found out that the person will be trying to re-enter US in the near future for some business.

So to me it seems like I've got three options,

1 Reapply for the visa, emphasize that I need/want to stay for more than 90 days and hope all goes well..

2 Enter on VWP, stay in US for under 90 days and go to Canada and then fly from Canada to Finland, the only thing that sucks about this is that I already have a return flight to and from US (with a flexible return date) and I would have to buy a new ticket so:

3 Enter on VWP, stay in US for under 90 days and go to Canada, stay in Canada for some time (bit less than 2 months or so) and try to enter US again on VWP, show a flight ticket to Finland dated not more than couple days from that day and tell of my intention to just go to US to fly back to Finland (I'm flying from close to Canadian border). Does anyone think this option could be viable? It'd save me some money at least.. I know it depends on the border officer and everything is considered case-by-case, but I've tried to do some research and haven't found many stories about successes/failures of people trying to do something similar to this so thats why I'm asking.
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Old Oct 8th 2009, 11:39 pm
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Default Re: B2 visa just refused - advice?

From what I understand, you can not get a new 90 day VWP admission by going to Canada, Mexico or one of the adjacent islands and returning to the US. You can only be readmitted for the remainder of your original 90 days.

http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml
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Old Oct 8th 2009, 11:52 pm
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Default Re: B2 visa just refused - advice?

When you enter Canada from the US Canadian Immigration do not remove the VWP from your PP. So that should tell you that when you pass back into the US you are still on countdown on the same VWP...you do not normally get a new VWP. Make sure you don't 'accidentally' lose it...if you do you will have a heck of a problem trying to re-enter.
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Old Oct 8th 2009, 11:53 pm
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Default Re: B2 visa just refused - advice?

It'll all end in tears.
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Old Oct 9th 2009, 12:28 am
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Default Re: B2 visa just refused - advice?

A couple of things:

As a refused B2 applicant you will need to declare this on your I94W and will mostly end up in secondary.

With no mentioned ties, no job? you might have issues, yanks do not get 90 day holidays. And yourreturn ticket is open probably does not help. Nor having a GF in the US.

I would look to a trip of weeks rather than months and keep your fingers crossed.

PS If you get an old map of the world you will see a lot of it is pink, and that does not include the US. Arguable as to whether they speak English here anyway. Certainly not Proper English.
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Old Oct 9th 2009, 12:37 am
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Default Re: B2 visa just refused - advice?

Originally Posted by Boiler
PS If you get an old map of the world you will see a lot of it is pink, and that does not include the US. Arguable as to whether they speak English here anyway. Certainly not Proper English.
ahem.

"Oi!" passes for Proper English?
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Old Oct 9th 2009, 1:40 am
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Default Re: B2 visa just refused - advice?

Why don't you just go skiing in Canada instead?

Much easier.

Whistler is by any measure the king of North American ski resorts, and Banff is simply amazing. Between the two of them lie a dozen or so first class ski mountains, so you can fashion a nice little ski tour with very little effort indeed.
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Old Oct 9th 2009, 8:58 am
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Default Re: B2 visa just refused - advice?

Originally Posted by caleyjag
Why don't you just go skiing in Canada instead?

Much easier.

Whistler is by any measure the king of North American ski resorts, and Banff is simply amazing. Between the two of them lie a dozen or so first class ski mountains, so you can fashion a nice little ski tour with very little effort indeed.
I was going to suggest the same thing. Skiing in Canada is amazing. A lift ticket is a damn sight cheaper and the Canadians mostly speak English. How about a couple of months in the US then the remainder in Canada. That should satisfy you university requirements.

I can recommend a road trip from Vancouver to Calgary - so many resorts to enjoy. Some of the little hidden ones are real gems.
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Old Oct 9th 2009, 1:12 pm
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Default Re: B2 visa just refused - advice?

Originally Posted by Boiler
A couple of things:

As a refused B2 applicant you will need to declare this on your I94W and will mostly end up in secondary.

With no mentioned ties, no job? you might have issues, yanks do not get 90 day holidays. And yourreturn ticket is open probably does not help. Nor having a GF in the US.

I would look to a trip of weeks rather than months and keep your fingers crossed.

PS If you get an old map of the world you will see a lot of it is pink, and that does not include the US. Arguable as to whether they speak English here anyway. Certainly not Proper English.
I do have ties to Finland&Austria and can prove them, don't think that'll be a problem, but yes I'll get picked for secondary probably. I wouldn't be as pessimistic as you are. My return ticket is not open, it's flexible but I have to pay to change the dates, I do have a return date set in January already.

Yes I know theres a lot of great skiing in Canada but staying in US would be cheaper and easier (no need to find and rent 2nd place for couple of months, season passes etc..)

But I've accepted the facts and we'll just go to Canada in beginning of January, stay there for couple of months and I'll fly back from either Canada or might possibly try to enter US again in end of March or April and hope to get admission to fly back. I'm hoping this could work if I'm first in US for a bit over 2months, then in Canada for bit over 2-3months and then enter US and show the border officers that my flight back to Europe is within few days.

Last edited by trouble; Oct 9th 2009 at 1:23 pm.
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Old Oct 9th 2009, 1:45 pm
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Default Re: B2 visa just refused - advice?

Originally Posted by trouble
I do have ties to Finland&Austria and can prove them, don't think that'll be a problem, but yes I'll get picked for secondary probably. I wouldn't be as pessimistic as you are. My return ticket is not open, it's flexible but I have to pay to change the dates, I do have a return date set in January already.

Yes I know theres a lot of great skiing in Canada but staying in US would be cheaper and easier (no need to find and rent 2nd place for couple of months, season passes etc..)

But I've accepted the facts and we'll just go to Canada in beginning of January, stay there for couple of months and I'll fly back from either Canada or might possibly try to enter US again in end of March or April and hope to get admission to fly back. I'm hoping this could work if I'm first in US for a bit over 2months, then in Canada for bit over 2-3months and then enter US and show the border officers that my flight back to Europe is within few days.
I have been there done that, I was I think lucky to have a nice guy in secondary, and not the guy who sent me there.
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Old Oct 9th 2009, 2:00 pm
  #26  
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Default Re: B2 visa just refused - advice?

A few years ago I was a frequent VWP visitor, but was still admitted for two spells of 90 days almost back to back. Re-entry involved a harrowing visit to secondary in Philly though. And I did not have a visa refusal.

There is absolutely no guarantee you will get another 90 days soon after the first visit, and I am not recommending this option. Just pointing out that it exists if you want to roll the dice.
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Old Oct 9th 2009, 8:01 pm
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Default Re: B2 visa just refused - advice?

Originally Posted by Jerseygirl
When you enter Canada from the US Canadian Immigration do not remove the VWP from your PP. So that should tell you that when you pass back into the US you are still on countdown on the same VWP...you do not normally get a new VWP. Make sure you don't 'accidentally' lose it...if you do you will have a heck of a problem trying to re-enter.
OK - that applies if you do return to the US on that trip.

But what if you go back home from Canada a day, a week, a month later - how does the US know when you finally left Canada? (and why do they even care if you are not trying to re-enter the US?)

Why can't you either insist on handing in your I-94W when you leave the US or just mail it back to them as soon as you are in Canada?

I just don't understand why the US would care how long you spend in Canada *if* you don't attempt to re-enter the US on that trip.
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Old Oct 10th 2009, 8:47 am
  #28  
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Default Re: B2 visa just refused - advice?

Originally Posted by trouble
I've got into a somewhat interesting situation.. let me start by saying that I'm a Finnish citizen. My fiancée (also Finnish) is in US on a exchange student visa that is valid until end of January (including grace period). It's gonna be a bit lengthy post but I'd really appreciate any advice you could give..

Me & my fiancee both enthusiastic skiers so it was our plan for me to fly to US to join her in the end of this month (October) and stay and travel around until my tourist visa would expire. She would apply for change of status and extension of stay before her visa was to expire. (or enter Canada and reenter under VWP). I was counting on getting a tourist visa and the maximum allowed stay (6months). It seemed like some of paperwork etc but I thought that if I were to show up with all the needed papers it'd just be a formality. After all, I'm going to US with a honest intent and enough funds to support myself?

Turns out that was not the case. I applied for B2 which was refused. I haven't got my passport back in mail so I don't know what kind of official reason they gave. I've studied English in Austria for 4 years and provided them with a letter from my university that confirms that I have to spend 6 months in an English speaking country as part of my studies.
As a Finnish citizen you could do this in the United Kingdom or Republic of Ireland, and you'd also be able to work.

Part of the reason is that the consular officer may have become confused as to the purpose of your visit, but as others have said, if you are VWP eligiblebut want a tourist visa, you need a good reason and you may not have given a sufficiently good one.
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