craigweb

Hi Everyone,

So here's another visa struggle :-(

I'm a British citizen and so is my girlfriend. We've been together for 3 years. A year and a half ago I came out to work in the states on my O-1 visa. My girlfriend and I have taken it in turns to visit one another when we can, her slightly more than I over the past 18 months. Her last trip being for 3 months, the full 90 days the esta will allow.

Now, I earn enough to support us both so we were advised if she wanted to stay for a longer period than 90 days to apply for a B2. (immigration attorney) We were also told that because she had entered the states 4 times (2wks, 1wk, 2wks, 3ms), that it was best as the esta would soon flag her.

She was denied her B2 last week .

We were utterly shocked as we completely didn't expect it. It sounds like she had a horrific time at the embassy and didn't get to show the evidence of ties to the UK and her finances that she had been asked to prepare.

I still have to work here and we're looking for the legal way that allows us to be together. She still has 6 months remaining on her esta.

So, any advice would be greatly received.

DavidLemon

Get married?

fatbrit

Probably not, I'm afraid. The visa denial will invalidate her current ESTA.

Did she apply for the B2 specifically as a previously cohabiting partner?

craigweb

Oh. So the denial invalidates her ESTA? That's not good news.

Wish we'd just carried on using the esta :-/

Ok so I didn't know she could state she had a previously cohabiting partner, so i'm sure that's a no.

Noorah101

OK, so were you living together in the UK? If so, she can apply for the B-2 again, but this time as a "cohabitating partner". She needs to bring proof that you have a joint residence together in the UK, that you actually DO live together (of course when you're not in the USA working).

Carrying on using ESTA too often would have eventually resulted in her being turned away at the POE, anyway.

The visa denial invalidates her current ESTA. She would need to apply for a new ESTA and declare the visa denial. This will most likely lead to ESTA denial for a good many months, possibly around 6 to 12 months.

The best solution is to get married and have her get an O-2 visa.

Rene

Bob

That would be the simplest way...

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

For alternatives...

craigweb

Thanks for the link.

Our plans were to get her on a course to give her something to focus on while I'm working, but now we're worried that the b2 denial would make a J1 application a bit of a sham. And as we really aren't trying to con the system to live for ever in the states or anything, it just seems a little high risk. Don't want her to be banned for good.

That being said, with the b2 denial and the ESTA being revoked automatically, she pretty much is!

The ESTA is definitely revoked correct? I've been told otherwise by a Visa Consultant you see :-/

Marriage is certainly an option. We plan to marry, but I'm a romantic, and this isn't exactly that, that's for sure. Would even be able to get back to get permission from her farther.

So the best option at this point is to reapply for a b2 visa with a 'partner' status?

scrubbedexpat099

ESTA is not revoked but as her circumstances have changed she needs to update it, she may be lucky.

craigweb

I see. So if she travels out here on the ESTA, she may not be stopped. If she is however, she could have all her documentation about her ties to the UK and evidence of her finances and this would help?

And obviously she says she's visiting me and an error was made with the B2 application?

Noorah101

I don't know. J-1 goals are different than B-2 goals. If she can prove her goals are consistent with the type of visa she's applying for, she may have a chance.

It's not revoked. It's just outdated now, since her circumstances have changed. She needs to apply for a new one. She can certainly try, and see what happens. My guess is that it will come back denied...but she won't know for sure until she tries.

Visa consultants are bad news. Only get advice from a qualified immigration attorney.

Immigration does take the romance out of marriage sometimes. However, which is more important to you both? Being romantic from afar? Or living together on one continent sooner rather than later?

Only if you were living together in the UK and she can prove it. Personally, I think the best option is marriage. B-2 cohabitating partner visa would be second best.

Rene

Noorah101

Well, that's assuming her new ESTA application gets approved.

Perhaps, if the POE officer wants to see them.

There was no error made that I can see.

Rene

RICH

You mentioned an immigration attorney, whose advise was apparently not stellar, and a visa consultant, which is not a popular source of reliable info. I would try a different immigration attorney.

It sounds like GF does not work, with all the free time to visit, but perhaps she has suitable merits to qualify for a visa in her own right? Long shot from what you have shared, but worth a look.

The B2 denial is likely due to the appearance that she just wants to come and live there with you, and if that is the case, the ESTA would also likely be problematic. That is exactly what these rules are there to prevent.

craigweb

Ah I see.

The error I was referring to was that she didn't apply for a B2 with the 'partner' element.

So it's a sure thing that she would need to reapply for the ESTA, and that she can't use the remaining 6 months of her previous visa?

So we've eliminated her own visa, we've eliminated the B2 reapplication, and we're down to marriage. I find it a little crazy that I can't have my partner stay with me for an extended period of time while I work on a 3 year working visa.
Have we not over looked something or am I proposing tomorrow? lol

If marriage is the way forward, I'm going to need some more advice on the type of visa etc I would need to get in motion for that too :-/.

Noorah101

Oh, I see. The error was on her part. Doesn't do much good to mention that at the POE, it means nothing, since the visa's been applied for and denied.

She didn't have a visa to begin with, so no "previous visa" to use up. Do you mean the remaining 6 months of validity on her previous ESTA approval? Then correct, that's no good anymore, and she needs to reapply for a new ESTA, because her circumstances have now changed, and her answers to the questions on ESTA will be different than when she first applied.

Why? You mentioned her wanting to study in the USA, why are you elimating this option?

Why? Although you haven't said so for sure, if you were living together in the UK, she can reapply for a B-2, this time based on the cohabitating partner aspect.

You can, if you guys were living together in the UK. You haven't actually said whether you were or not yet.

If you want it to happen sooner rather than later, with no more hassles or risks of visa denials, you'll be proposing tomorrow. LOL

No problem on that one. You have an O-1, so she'd receive an O-2, simply based on the fact that YOU have an O-1, AND you are legally married. She would just need to make an appointment at the embassy, bring in proof of your O-1 visa, that you are in status in the USA (working for your O-1 employer), and proof of your legal marriage. Done deal.

Rene

scrubbedexpat099

I am sort of fascinated to know how you obtained an O1.