SamraLee

My husband and I just got back from a long and expensive trip to London only to have my husband's application for B2 visa be denied for not having strong enough ties to the UK. I was wondering if anyone had any information about how likely we are to be denied if we applied again?

I am a US citizen and my husband is from the UK. He is unable to travel on VWP because he was arrested in the USA. This would be our 2nd B2 visa under the same circumstances. I feel really cheated by the immigration officer we got. She didn't even look at any of the documents we brought and told my husband that there is no reason she can't deny his visa because of the previous arrest, so she is going to deny him for not having strong enough ties. She barely even asked him any questions and already had the denied form filled out before he went into the interview.

We only want to travel for around 5 weeks times for Christmas to see my family. My husband is disabled and so he doesn't have a job, but he is working with a company that helps people with diabilities into work. He also starts a life long learning class in September that we forgot to mention. We live with his parents so we don't have things like mortages, but if we wanted to live in the US, we would have stayed there when our K1 Visa was approved! We decided that it would be better for us to live in the UK, so came back here. I even just recently got my Indefinite Leave to Remain for the UK.

I'm sorry if I have been typing too much, but I'm so frustrated and feel so cheated. I was basically jsut wondering if it would be stupid for my husband and I to apply again? Is it worth all the money and time it takes to get down to London? Thank you all for your opinion and help in advance.

-Samra

Marocco

How do you know that? Did he apply for ESTA? Being arrested, by itself, does not make someone ineligible for the VWP.

SamraLee

He has applied for the ESTA when it first came out and it said he was unable to travel on the VWP.

Duncan Roberts

Wait, ESTA was introduced in late 2008 and you say this is his second B-2 application. Was the first B-2 only issued for a limited time? Usually they are 10 year visas so you should have 7 or 8 years left on it depending when you got the first one. Or did I misread and this is his second denial?

fatbrit

They often only give you a year or two on your first one -- especially if you've got a criminal record.

SamraLee

Yes, he was issued a B2 visa, but he was allowed only one entry and it was only from Dec. 11 2008 to Jun 08 2009. The first time he went for his b2 visa, the immigration officer told him just to ask for a multi visit visa next time he came in, so you can imagine our suprised when we were just denied.

SamraLee

I also forgot to mention that although my husband was arrested, he was not convicted and the charges were dropped 3 months later.

Noorah101

If it's that important to travel to the USA, you can always re-apply for the B-2, this time with a better-prepared set of documentation. Bring proof that you have settled in the UK. Bring a signed lease/rental agreement from his parents. Bring proof of his work (whether it be paid or volunteer), with a letter from his supervisor stating when he's due back at work. Bring proof of registration for the course he is signed up to take, showing that it extends beyond the time he's in the USA and that he needs to return to continue the course. Be creative.

It's August. You don't want to travel until maybe mid-November (for the holidays...Thanksgiving, Christmas, New Year). I think I'd wait until maybe early October to try again.

Rene

meauxna

I'm not sure why you are so surprised.
Have you *ever* gotten any legal advice for your immigration situation? Your husband was issued a K-1 visa in January 2008 (to immigrate to the US). By December, he is back in the UK applying for a B visa (because he is ineligible to travel on the VWP). He may look like an intending immigrant to the Consulate.

Did you provide evidence of *your* ties to the UK? That's usually a recommended part of an application like this, where the US citizen spouse lives outside the US and has obvious plans to stay outside.

SamraLee

We were issued the B2 visa in December 2008. The B2 visa we applied for yesterday was the one that was denied. If I we wanted to live in the US, we would have stayed on the K1 visa.

I did not know I would need proof of me coming back to the UK. We did mention that I had Indefinite Leave to Remain in the UK (which I have recently received) in a letter.

The only reason I was surprised was because this time we have stronger ties to the UK and were denied.

scrubbedexpat099

You can only try again.

As he has limited ties I would stress yours as well. Job etc.

A I

As a US Citizen, I think you can at least request to talk to the Consul.

I would try to make an appointment with the Consul (No clue how lucky you would be...) BUT I think you could convince anyone who wanted to hear you out due to the fact you both HAD the opportunity to emigrate, and you came back. K-1 is long, but not that long. No reason for them to claim you are a possible immigrant when you both have proven your desire to NOT be an immigrant.

If you have unlimited money, also suggest that if you applied for Immigrant Visa, and got it approved, and tore it to pieces in front of them, would that be enough proof you did not want to move to US with your husband ? (I say unlimited $$ because it cost about $1000 in fees for one)

My in-laws parents (not citizens, but he is) were denied US B-2 from Venezuela for similar "Not enough Ties") he called the consulate to set a new appointment and they sent it all again, him explaining that his mother had a medical condition (true) and they would NOT want to stay in US. Nothing was closely examined, but they were approved.

Since you are a US Citizen, you have much more access to the consulate than everyone else. Call and whine and moan (with dignity and respect, never loosing your cool), and you might get something... the squeaky wheel gets the grease...

SamraLee

I was wondering do you think if my parents (who we are going to visit) fill out a Form I-134, Affidavit of Support that would help at all?

scrubbedexpat099

That just confirms his lack of financial capability.

What ties do you have?

SamraLee

Just that I recently got my indefinite leave to reamin in the uk, possibly I might be having surgery after I would get back. Thats about it....