NicksGal

Anyone sail through on their B2 after being booted out on VWP?

My man is dead set against applying for B2 for fear that border agents will still deny entry. Really traumatized.

What can he realistically expect at border? Experiences please?

He was denied because 'too much time in States, defacto living' No overstay, just 10 days Oct, 5 weeks Nov - Jan 3, then landed again Feb 5.
Perhaps because our daughter and I were in the States the whole period...

I'm sure that after an interview at the embassy in Beijing, it will be clear that immigration is not the goal. The tax bill alone should prove it! Wary of even Substantial Presence.

Perversely, Nick wants to apply for Green Card just because he assumes he will be turned around at the border by spiteful agents. We have no intention of settling here permanently.

Cheers!

jeffreyhy

The reasons why he was denied his last VWP entry are also reasons why he might be denied a B-2 visa. I think he'd have a better chance of being granted entry on his next attempt if he has the visa, but he might not be able to get the visa.

He cannot apply for a green card. He can apply for an immigrant visa rather than a B-2 visa. Interesting that he wants to do this, though, because it's an indication that CBP was correct.

Regards, JEff

NicksGal

Granted, visa is not guaranteed. Better chance with B1 than zero chance with VWP also understandable...

He can certainly apply for Green Card outside the country or Fiance visa more precisely but we know that is a bad option; he thinks it is the only option.

Actually, he may balk at coming into the U.S. at all the next couple of years which really cramps our lifestyle. Beijing sucks in the summer.

Question remains: entry with (hypothetically) B2 after VWF refusal high risk or merely annoying?

Noorah101

Is he getting a B-1 for business purposes? Or does he want a B-2 for tourism? But either way, that's true. Even with a visa in hand, he could still get denied entry. It's all up to the POE officer on duty.

And will you and your daughter continue to be in the States during his next visit to the USA? That same reason that got him denied entry on the VWP will most likely be grounds for a B-2 denial as well. Having a USC wife and child in the USA (I read that from your other thread in the Welcome Inn) does not help his case.

Be aware that if he gets denied a B visa, he will have to re-do ESTA and declare the visa denial, which will result in an ESTA denial for an unknown period of time (seems to be around 6 to 12 months, though).

I doubt that him being wary of substantial presence in the USA would help his case. What else do you have that makes you think it will be so clear that he's not going to immigrate, or isn't trying to "live" in the USA? Does he have proof of a job he must return to on a certain date? Proof of a home or lease agreement showing he has a residence that he doesn't intend to abandon?

Nick would be applying for an Immigrant Visa, which takes about 8 to 10 months to process. Since he's having trouble visiting the USA, he should plan to NOT visit the USA during this time. You might not have the intention of settling in the USA permanently, but if you can manage 3 or 4 years in the USA (after he arrives on his Immigrant Visa), then he can become a USC and you won't have this problem anymore.

Rene

Noorah101

If you are married right now, he can't apply for a K-1 fiance visa. Also, he cannot apply for a green card from outside the USA...he would have to apply for an Immigrant Visa. He would get his green card when he uses the Immigrant Visa to enter the USA. He'd become a US PR upon entry.

I would say, in your scenario, your question should be "what are the chances of him getting a B1/2 in the first place, and is he willing to risk it, knowing he won't be able to use the VWP for some time after the B1/2 denial?"

Rene

jeffreyhy

You keep writing "B1" - he wants to visit the USA for business purposes? One cannot apply for a green card. One can only apply to replace a green card that one already has in the event that the card expires, is lost or stolen, or was issued showing incorrect information.

From outside the country one can apply for an immigrant visa, with which they will become a Permanent Resident when they enter the USA. Or, as you write, he could apply for a fiance(e) visa if you two are not already married, and apply for adjustment to Permanent Resident status after marrying you in the USA. Either way, a green card is issued 'automagically' when one becomes a Permanent Resident. When one becomes a Permanent Resident, it means exactly what the term indicates - permanently resident. If he isn't going to be living in the USA then he doesn't want to be applying for either an immigrant visa or a K-1 visa. The question will continue to remain until he tries it and the particular CBP who inspects him provides the answer. Regards, JEff

scrubbedexpat099

VWP days are over, if he wishes to visit the US then it is a B or nothing.

NicksGal

That sums it up, VWP days are over.

The CBP told him that he wouldn't be allowed back without [greencard/fiance visa]. That's how he got the idea in his head. I trust nothing officials tell me. Not overly keen on a shotgun wedding.
B2 would be the ticket.

He has a company back in BJ. He needs to be there when he needs to be there. I'm assuming embassy folk have an idea what is normal for BJ expats that the Detroit agents lack, like Feb is Chinese New Year so of course Nick was on vacation! We follow a pretty typical pattern. I'm in States a bit more this year for med reasons -going over border to Tijuana actually. Will all be in BJ April but would like summer ANYWHERE else, preferably States.

We will have a new BJ lease soon. Our daughter will be in Chinese language school -though doesn't count as real school- the rest we HS.

It would be ideal to show ties to UK but as we have now been out long enough not to owe tax, unwilling to move back as the sale of the company this year or next (Insh' Allah) would be too generous to Her Majesty's treasury. The IRS too for that matter. After the sale, back to Bath.
Trips back to UK are necessarily brief.

I still bet he gets the B2 but how to convince him it really will allow travel?

*apologies for all my newbie errors, terms and such*

scrubbedexpat099

B is relatively cheap and easy to apply for but in his circumstances anything but a given.

Is the child his?

NicksGal

yup, together 20yrs. you might suspect that if we had wanted to settle in the States we would have gotten legal and done so. Immigration authorities don't see it that way apparently.

scrubbedexpat099

So where does shotgun come in?

They do see it that way, very helpful when applying for an immigrant visa.

NicksGal

'forced' to get married like a pregnant teen. poor attempt at humour.