Bewildered_uk

Hi all...need some advice if anyone can offer advice or help....as
feeling very bewildered at moment!

Applied for B2 Visa but was declined yesterday as found ineligible under
Section 214(b). This possibly due I feel to having suffered house fire
and presently living away from area that have resided for last 23yrs ,
so all paperwork submitted with details of my current address, which is
a rental property for which don't have strong ties obviously! I was
unable to explain fully at interview.

My question is two fold:

Firstly, how will this decline affect me using the Visa Waiver Program
(VWP) as my partner lives/works in Miami, which why applied for B2 Visa
in first place as worried repaeted trips back on forth using VWP might
cause me problems with US Immigration. So can I still use VWP??

Secondly, should re-apply for B2 when back at normal residential address
- would this first decline be held against me?

Any help would be gratefully appreciated.

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scrubbedexpat099

You are still eligible to use the VWP, you will ned to decalre the refused entry on the I-94W and can expect to be sent to secondary immigration for futher questioning.

Make sure that you have plenty of evidence to suport your ties to the UK, Job/property/ whatever.

You can try, I doubt that your housing situation was the main reason for refusal.

Ray

http://travel.state.gov/visa/frvi/de...ials_1361.html

Sapphyre

If you were found to be a 214(b), you have an uphill battle to prove
you are just visiting. Having a partner living and working in the US
is likely part of the problem you are facing, since that will be
deemed as having ties to the US, not to your home country.

If you travel under the VWP after a denial for 214(b), as other
posters mentioned, you'll find yourself in secondary. You need to have
plenty of proof of your return. In my past history with crossing the
US border (I'm from Canada), I've been warned that on future trips I
need to continue to provide plenty of proof (I had proof on that day,
but the officer learned I intended to visit again for four weeks, and
she warned me I needed plenty of proof for that length of stay, even
though four weeks is vacation time for many Canadian employees,
depending on the company.)

I've also been in secondary because my passenger was either a 214(b),
or deemed to be seeking work (although he said he wasn't, it's what
they think that matters). We were in secondary for Customs to have my
import documents processed, and the Customs officer questioned my
passenger (where does he live, where does he work, etc). To them,
living in a house you have no ties to (no lease) with friends, working
for a temping agency, and having insuffient funds were the three basic
reasons I was going to have to drive this guy back to Canada and leave
him there before I'd be permitted to seek entry.

Let's just say it took persuading on my part to get them to allow him
in, because I simply did not feel like driving him home and returning
four hours later (had I returned home, I'd have stayed home, and been
upset over having paid for that car rental). They permitted him in
despite the fact he had no ties, and insuffient funds (including no
credit) on my word that I was paying everything, I had ties, and I was
responsible for him on the trip. Let's just say I feel lucky that they
took my word for it, since he didn't have any reason to return. The
only thing I guess you could say that worked in his favour, is while
he had no reason to return to Canada, he had no reason to stay in the
US (except they thought he might be seeking work, which in itself is
bad).

So based on my experience, if you don't have ironclad proof of your
return (as in, a date you're expected back at work), a lease with a
set period of time and rent receipts to prove you are paying your rent
while you are gone (even if you have temporary housing, as long as you
have a lease agreement, that should be sufficient). Proof of funds,
and any other appointments or arrangements you've made in the future
that do not involve the United States. (In my case, the last time I
went on holidays with no job to return to, I brought proof of an
overseas plane ticket with a departure date 10 days after I intended
to return to Canada... however I didn't actually need this at all, my
property tax bill, water bill, and financials were enough).

Another thing I've read in here recently, if you're eligible for the
VWP, it's not likely you will get a B-2. They expect you to use the
VWP.

S.

On Aug 30, 9:24 am, bewildered_uk <[email protected]>
wrote:
> Hi all...need some advice if anyone can offer advice or help....as
> feeling very bewildered at moment!
>
> Applied for B2 Visa but was declined yesterday as found ineligible under
> Section 214(b). This possibly due I feel to having suffered house fire
> and presently living away from area that have resided for last 23yrs ,
> so all paperwork submitted with details of my current address, which is
> a rental property for which don't have strong ties obviously! I was
> unable to explain fully at interview.
>
> My question is two fold:
>
> Firstly, how will this decline affect me using the Visa Waiver Program
> (VWP) as my partner lives/works in Miami, which why applied for B2 Visa
> in first place as worried repaeted trips back on forth using VWP might
> cause me problems with US Immigration. So can I still use VWP??
>
> Secondly, should re-apply for B2 when back at normal residential address
> - would this first decline be held against me?
>
> Any help would be gratefully appreciated.
>
> --

Bewildered_uk

>
Many thanks for advice.

Looking at it now can see as to how and why application got declined...

but all advice greatly appreciated and anymore very much welcomed.

Graeme

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Rete

Why did you apply for a B visa? If you can use the VWP, there was no reason for the B unless you were planning on staying more than the 90 days allowed.

Marocco

I think some people are under the impression that if they get a B2 visa then they are more likely to be admitted to the US, especially if they are frequent travellers.

Bewildered_uk

> > Why did you apply for a B visa? If you can use the VWP, there was
> > no
> > reason for the B unless you were planning on staying more than the
> > 90
> > days allowed.
>
> I think some people are under the impression that if they get a B2
> visa
> then they are more likely to be admitted to the US, especially if they
> are frequent travellers.

Applied for the B2 Visa because it was possible might wish stay for over
90 days so VWP couldn't have been used unless left country only to
return almost immediately? I was at time concerned as to causing
problems with self with Immigration...little did I realise as to what
problem may have potentially raised now with 'being ineligible for visa'
marker put on my file by US Emabssy in UK!!!

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