busbanna

Hi! First time poster. I’ve asked this question in a few other groups on social media and one person recommended this site to me.

I (American) and my fiancé (British) are waiting on an interview for the k1 visa, we’ve already had two appointment cancellations. some details:

- Applied for k1 in October 2019
- applied for b2 for him to come to the US in November 2019, got denied (London). We were very underprepared. Looking back now I’m not surprised.
- applied again for b2 in December 2019, got approved for 6 months (Belfast). The officer in Belfast only gave him 6 months because of his previous denial, and we should be through the k1 process by then (LOL).
- applied for an esta BEFORE the first denial, got approved. Applied for an esta AFTER the denial (wanted to keep his application up to date), got denied.

my question is this. Can he apply for an esta and realistically get it? I’ve seen on other forums that there’s a difference between being denied a visa and being denied entry. He was only denied a visa, every time he has come to the us he has been let in. Also, how long do we have to wait before the visa denial no longer “applies”? Sorry I don’t know how to word that, as in how long is it held against him? Is there a b2 extension process? Of course I understand with the current circumstances there might not be an answer right now, but it doesn’t hurt to ask. I’m also having trouble finding credible sources on this matter. Thank you for your help!

tom169

Why did your British fiance pursue a B-2 in the first place?

scrubbedexpat099

Only way of knowing is to apply.

busbanna

because we were nervous about him flying and being denied at the border with a k1 in process with only an esta and we felt that a b2 would show more intent to return.

Eric S

They normally deny B visas for people who are eligible for ESTA. I'm surprised they approved him the second time.

- Eric S.

civilservant

Hate to tell you this, but he isn't going to get a B at this point most likely. Did he file a new ESTA after the B2 rejection?

tht

A B2 would make me think the opposite because an admission up to 180 days is possible vs 90 days on the VW you would get with the ESTA route.

Was the B2 only issued with 6 months validity ? Was it multiple entry or single entry?

civilservant

Only way to find out if he'll be granted an ESTA is to apply and see. I suspect it'll be denied though.

tom169

You scared yourself into making a wrong decision.

busbanna

yes he did

busbanna

yeah we know that now 😂

busbanna

yes only 6 months, multiple entry. He came here twice on the b2, and it expired in June.

tht

Reading between the lines whoever issued it probably thought he wound come once and you would marry in the US and then file for adjustment of status.... it sucks that’s you get caught up/out by trying to do the right thing.... and the 6 months was to stop it being used by him to live here....

tom169

Apply for ESTA and see what happens. Worst case is he is still in the same situation.

S Folinsky

Oh, a positive history on use of B-2. Just saying.