snowguy007

Good afternoon forum, after extensively reading posts and advice I've decided to ask for a little help.

So here we go, I have just been denied a B2 Visa on the grounds that I was unable to demonstrate sufficient ties to the UK. Even though I went armed with proof of mortgage, savings, return flights, letter from employer. Not that the Consular Officer cared at all, she didn't even want to see my proof.

My new dilemma is not even being allowed to visit on VWP for 2 years as a penalty for doing the proper thing. Quite miserable as I have a girlfiriend in the US that I may now not be able to visit. My previous visits to the US were on H2B work Visas, which I never overstayed.

Following advice from this site I have just applied for an ESTA, stating that I was denied a Visa and I'm waiting to hear.

My question is this, what would I need to show secondary when interviewed if I go ahead with my trip (newley amended to only 85 days instead of 6 months)? Will they just turn me back around to the UK? Should I dare mention 'girlfriend' as I haven't yet to anyone other than this forum...

Thank you in advance for any help, from James

BILDER

First of all, the airline will not let you check in without a valid ESTA. They have access to the ESTA records from CBP.
Hey, I have a solution for you. Earth shattering really, get your girlfriend to visit you in the UK!

sir_eccles

Picks up magic 8 ball and shakes, it says "try again later"

CarlEnigma

How do you know it is two years? From what i have read on these forums when you get knocked back on a visa request, for not being able to show enough ties to your home country, you can still apply for ESTA approval and people can get it sometimes quickly but it would seem generally after a few months.

snowguy007

Ok so my ESTA has now been denied. What should I do? Still travel or that just stupidity?

To CarlEnigma, because the 'delightful' lady at the consulate said I'm unable to visit for two years. Any ideas?

sir_eccles seriously, I don't even have a magic 8 ball

sir_eccles

You cannot travel, you won't even be able to check in let alone board the plane.

See my comment above, wait about 6 months try ESTA again.

snowguy007

OK BILDER great idea dude, only one downside, she's studying full time and working part time. If you've ever been there you'll know how tough that is. But I guess I better try and amend my flights to her name with a different departure. More fees, more fun. press #1 if you'd like to wait longer, press #2 if you'd like to moan like a baby, press #3 for a human being with no brain, we really appreciate your call

sir_eccles thanks. nice to know I'm 'officially' screwed. Even with evidence. Oh man nice guys really always lose.

Thank you sincerely for all advice guys, I really, really appreciate it. Even the obvious.

P.S. Oh man, getting married after only 18 months together, not really a good idea is it? But perhaps the only option for a long term solution? Or am I wrong again? Please be gentle guys

CarlEnigma

Unless you get a sex change, get a copy of her passport sent fedex, and steal her bio-metric data ... am guessing you will be stopped on the border if you even get on the plane.

I had my VISA denied and was told nothing of the sort, just handed a form basically saying better luck next time. Everything i have read on here and elsewhere on the net have said ESTA is still available to those who have a VISA denied ... you just have to wait some time.

rpjs

Well there are other long-term solutions such as try for a working visa (H-1B if you have a degree or enough experience and can find a sponsoring employer in the US, L-1 if you work for a year or more in a company with a US presence that would be willing to transfer you) or a student visa if you have the $$$ for a US college course.

Other than those, if you want to live with your GF in the US long-term, you will eventually need to marry as the US doesn't give immigration benefits to co-habiting partners of US citizens, only fiance(e)s and spouses. If you eventually want to bring your GF to the UK, you'll still probably need to marry as the UK only gives immigration benefits to partners of UK citizens if there's a legal impediment to their marrying.

The good news is that if you do go down the marriage route to the US in due course, your visa/ESTA denials shouldn't affect you at all.

snowguy007

The good news is that if you do go down the marriage route to the US in due course, your visa/ESTA denials shouldn't affect you at all.[/QUOTE]

Good news. WOW! Ok so a season in Canda next year, marriage and a big HELLO to the US Border control official. Nice. That works for me. But what a long year!

Yes H1B did seem like quite a nice option, but come on, even with a degree and 12 years industry experience I just don't see it happening. And I'm quite the optimist.

Ok moving on. Before I 'pop' the question should I consult an immigration lawyer? If so who can anyone recommend a reputable immigration lawyer?

Thank you so much everyone, it could be time for a beer or five

Noorah101

Why did you need to apply for a B-2 in the first place? Sounds like you were eligible to travel on the VWP, you should have just done that. It's very difficult for someone to get a B-2 visa if they are eligible to travel on the VWP. Unfortunately, you didn't know that, but now you do.

The ConOff was mistaken here. You could be approved for ESTA within a few months, perhaps. There's no way of knowing until you apply.

Rene

Noorah101

Keep in mind that it takes about 8 - 10 months to get your spouse Immigrant Visa in hand, AFTER marriage. So if you plan to spend a year in Canada, THEN get married, you'll actually be immigrating to the USA in about 22 months from now. If you want to immigrate sooner, you'll have to get married sooner.

For someone in your scenario, without knowing any other details, I'd say you don't need a lawyer. You can pop the question anytime, get married anytime (as long as it's not in the USA, unless you happen to get ESTA approved in the meantime), and then do a CR-1 Immigrant Visa, which is pretty straightforward.

Your previous B-2 and ESTA denials won't hinder the Immigrant Visa process.

Rene

Noorah101

You cannot travel without an approved ESTA. Period.

Rene

rpjs

http://www.ailalawyer.com/ is what usually gets quoted when this question arises, but before you go shelling out on a lawyer, I'd suggest read up on this site (look at the threads in the US Marriage Based forum and the Wiki links at the top of that forum), plus take a look at the US Embassy website for details of what the process requires. The things to research are the K-1 fiance visa, where you travel to the US to marry and stay to adjust status, or CR-1 immigrant visa where you marry first (in the UK or wherever) and apply for the visa from the UK .

Once you've done that, you should have a better idea of whether you feel comfortable doing the process yourselves, or whether you'd be happier having a lawyer help you. FWIW most folks here have done it themselves, including me and my wife, but it really depends on what your comfort level with detail and paperwork is. And should you have any specific questions, come back to BE and ask, and the chances are someone will have been there themselves and can give you some useful direction. Good luck!

SanDiegogirl

I'd love to know what type of work you do to have an employer who writes a letter of employment for you and then gives you 6 months off?

Were you getting paid during this 6 month vacation? .... and where do I get a job like this ?