skstorm

I am desperate to visit the US with my family so any advise would be appreciated.

I am a UK citizen my husband is not. He has been here in the UK on various visa's since 2005. In Jul 2010 we applied for a B2 visa while he was on a spouse visa when we had just got married and were denied under 214b. We are going to apply again in December with a hope to travel in september to Disney world for 2 weeks.

He now has indefinite leave to remain in the UK and has done since March 2012. We have been married 2 years and 9 months in December and now have a 1 year old baby boy. He is still in the same job which he has been in since Apr 2010 and has lived at my address since Mar2009. We can prove loans, childcare contracts, he has a car and some of the utilities are in his name. The house was mine before we met so his name is not on the mortgage and he has a couple of minor driving convictions that don't show on ACPO from 2009.

Can anyone please advise what his chances this time might be? Any tips for things we need to try and include in the form or ensure we say at the interview.

Also was planning to go just before christmas when they may be in a good mood, any advice on whether London or Belfast would be better. Was refused last time at London.

Any help at all would be appreciated.

civilservant

How are the ties he is now showing different to what he showed when he was previously denied? If he is essentially using the same information, you can most likely expect the same result.

Will your son also travelling if your husband gets a visa?

scrubbedexpat099

Which nationality is he?

And why do desperate?

jeffreyhy

Please clarify - did "we" apply for B2 visas or did only your husband apply for a B2 visa?

If really we, why? Why can't you use the VWP for a 2-week visit?

I wonder what the consular section will think about a visa application made in December for the purpose of a trip to be made 9 months later. If the application were to be made at a time more in line with the intended purpose of the application (September visit to Disney World for 2-weeks), it would not surprise me if the visa were issued for a limited period of time, sufficient only to accomodate the proposed visit. (i.e. expiration date at the end of September or sometime in October)

Isn't there a Disney theme park in France? Why do you need to go to Disney World in the USA?

Regards, JEff

Noorah101

Not really, no. It's impossible to predict these kinds of things.

Regarding the "form", I assume you mean the B-2 visa application? Just fill it out and answer the questions honestly. As for the interview, answer all questions honestly, but do no offer further information unless specifically asked.

Rene

skstorm

whats different this time - they really didn't look at what ties he had last time they never looked at a single bit of information and only asked about 5 questions. A lawyer told me it was because he was on a temporary visa - spouse visa and previous student visas were also temporary and that we had only just got married.

So Whats changed? - he now has indefinite leave to remain in this country, we have been married for a few years and now have a baby boy as well. He is still in the same job / house etc but has been there longer so we are hoping that will all count. Other than a name on a mortgage I really don't know what else he could prove that a resident could prove?

Yes our son will be travelling with us. it would be the 3 of us plus my mum and dad.

My husband is from North Cyprus so is classed as Turkish

everyone else will be travelling on ESTA and I don't see any reason why they wouldn't qualify to do so, only my husband requires a visa.

Why so desperate - Florida is my absolute favourite place ever and we have had a bit of a naff year, also it will be before my son is of an age we would have to pay for him everywhere and also my dad really wants to go back but is not in the best of health and would need help. I would like us all to go together so he can spend time in florida with his grandson which I know would make him very happy. whilst we are all still here :-( With regards to Florida & France, there is definitely more to the magic of the place than Disney and their really is no comparison in our eyes.

The reason we are applying so far in advance
1) the web site says to apply as far in advance as possible
2) My husbands firm are not being nice about additional time off next year and won't even let him take time off to attend his sisters wedding because its within March and October so there is no chance they will let him have a day off to attend an interview. Hence we were going to try in December as he has time left this year.

scrubbedexpat099

I would have a go.

Noorah101

The only way to know is to apply. I'm not sure what we can say to reassure you. There are no guarantees when it comes to getting a B-2 visa. He might get it, he might not, but for sure he will not if he never applies.

Rene

lansbury

That makes sense. Not sure your earlier comment about them being in a better mode nearer Christmas has any validity. It will get judged on the facts whenever you apply.

At least applying early allows for any possible hold up if they decided to do enhanced background checks.

skstorm

do you think by applying in December it would go against us?

scrubbedexpat099

Should have mentioned that that is usual.

jeffreyhy

One other thing that I always point out is the opposite side of the 'ties' coin - the purpose of the visit and lack of reason to stay in the USA once the purpose has been accomplished. Take a look at the first few sections of 9 FAM 41.31 Notes. N2 is about having a residence abroad. N3 first talks about the proposed duration of the trip being consistent with the purpose of the trip and second about having specific and realistic plans for the trip. Ties abroad are not mentioned until the fourth item in N3. Point of clarification - everyone else will be traveling on the Visa Waiver Program. ESTA is simply pre-clearance to use the VWP. Good points. I agree with Boiler - your husband should have a go at it. Properly presented I think he has a good case for the visa.

Regards, JEff

lansbury

I don't see that when you apply makes a difference, as long as you have a specific reason for requiring a visa. A trip being planned in 9 months time is just as valid as a trip being planned in 5 months time, all other factors being the same. To me it makes more sense to get the visa early so you know you have it, before booking flights and accommodation. I am sure they see people applying many months in advance, a few days before and everything in between.

skstorm

Thanks for all the encouragement guys its been a really crappy week / year and I think I just needed some encouragement. i'm normally quite upbeat but feel so negative at the moment.
We will have a go in December as we have no choice is there anything anyone can think of that would be really good to prove his ties to the UK (I can't think of anything more tying than your wife and son, he does have other members of his family over here.

skstorm

Thanks Jeff
9 FAM 41.31 Notes, where could I find these please and not sure what they are. To be honest we have no family in the states no job offers and absolutely no reason to stay longer. Have to get home to pick the dog and cat up from kennels :-)