rachelstanford

Hi there,

You all helped me so much a few months ago.
I have had a meeting with a lawyer today in regards to applying for my b2 visa.
Just to recap.... I applied for b2 visa in april 2013 which was denied ( I was completely unprepared in every way). After this I applied for a k1 visa which was approved but ultimately I decided I did not want to live in the US.
I have a friends wedding this summer in America and really want to go.
The lawyer has advised me to write a letter on top of my application explaining why I was denied and how I don't want to stay in the US, and also to apply in Belfast rather than London. I'm not sure if this helps, but just wanted peoples thoughts on that?

thanks

ian-mstm

Why was the visa denied? What has changed this time that would produce a different result?


The application is made electronically. How does he suggest you submit the letter you write?


Except for, perhaps, getting an interview date sooner, this should make no difference whatsoever.

Ian

sir_eccles

Did you get married or break up?

Is ESTA still being denied?

They may or may not bother to read your letter.

crg

At which point did you decide you didn't want to live in the US? Did you use the visa? Did you marry? How long did you stay? Was anything else filed? Things can get complicated based on applications and dates.

Snap Shot

Why are you querying what your lawyer has told you ? Are you reapplying for you b2 visa ?

rachelstanford

So I entered on the k1 but left within the 3 months. We ended up breaking up. So nothing else was filled.
Esta has been denied ever since.
She said you put the letter on top of the DS160 I guess when you enter the embassy?
The first time I was denied I didn't bring evidence of anything, I was completely unprepared and never should have applied. This time I do have some times to the UK, although not THAT strong.. employment and residential.

She has said that in Belfast it's somewhat less intimidating?
I'm questioning as I just googled a law firm and went for a consultation, I wasn't 100% happy with the advice given so wanted to know what people thought on here.

ian-mstm

There's a sticky on the main page with advice about hiring an immigration attorney. You can read it here. It's a few years old but it's still valid - and it was posted by an immigration attorney.

Ian

crg

Since every consular officer and case is different, it's impossible to predict the outcome. At least you didn't overstay the K-1. You won't know unless you apply. They spend very little time looking at each application. That lawyers guidance is as good as any considering there is not much that. An be done.

Snap Shot

Are you applying online ? How else will you get your DS160 completed ?

The lawyer said to put it at the top of the DS 160. How will you do that on an online form ?

If the Belfast office is 'less intimidating' what would be wrong with that ? Is it inconvenient for you to travel to the Belfast office ?

scottyvisa

I've applied for a B1/B2 visa in both London and Belfast, but only because the wait time was shorter in Belfast once and my company was paying. Belfast office is much smaller, but I wouldn't say less intimidating, and they are both just as professional and friendly, I wouldn't go out of your way to Belfast on the assumption it will be easier, it won't. Just make sure you hand all your documents the first time you are called up, since the consular officer will most likely review them and make a decision before calling you up.

rachelstanford

thanks Guys now I'm slightly confused as she said in Belfast there is a much higher success rate, but yes I would be going out of my way to go there.
In regards to the letter on top of the DS160 I mean once you have printed it out and you take it with you to your interview.
She thinks that my biggest problem was the k1 as it looks like I applied for b2 got denied and therefore just got someone to do a k1. In fact I had been with him for 8 years, but to an officer it could definitely look that way. So she said I have to explain that that I did really love him but I just didn't want to live there, even though I could have.

ian-mstm

That's likely because there are a lot fewer applications to Belfast - so it may seem that more are successful. I suspect that on a per capita basis, the success rate is equal.


Even if it's true, so what? The prior B-2 denial isn't related to the successful K-1. The K-1 was approved because it was the appropriate visa for what you wanted to do at the time. What's important, is that you left the US prior to the expiry date on the K-1. Many people have a denied B-2 and a subsequent successful K-1 on their record. I've never yet heard of it being an issue!


I don't think you do. You can if you want - which is to say, there's nothing to lose - but I don't think it's something you have to do. Since there's nothing to lose by supplying the letter, go ahead and write one. In fact, make two and sign both of them. Hand one in with your other stuff when you get to the first window, and keep the 2nd one to hand in when you are actually interviewed.

Bottom line - since you must declare the prior B-2 denial anyway, go ahead and apply for the visa and see what happens.

Ian

rachelstanford

thanks Ian.
A bit frustrated because I don't think the lawyer necerssarily then gave the correct advise. Because she said everything is based on the fact I then went for a k1 visa.
Also on another note I have been employed at the same job for a year, but I am also self employed, she said it's good to state I have this self employment thing on the side as it even more shows my ties, I thought that could be more of a negative?

scrubbedexpat099

The whole thing is subjective so how would anybody know.

Pulaski

I am not sure why you see being self-employed is a negative.

Pretty much anything can be argued both ways - if you're self employed you can "fire yourself", but on the other hand you may be more tied to your customers and their goodwill toward your business, making it harder, or at least more expensive, to just walk away from the business (if you sold it as a going concern with an established customer base, the business has real value which would be lost if you abandoned the business).

All "ties to your home country" arguments are a crap shoot - the best anyone can have is home ownership and a job, and it is easy to sell a home remotely - I changed estate agents and sold my home in London remotely while I was in the US, and there is rarely any substantive reason why someone can't just walk away from a job, unless they are in the military where going AWOL is a crime.