gtd2000

At this point in time, the only way I'll be going back to apply for a Visa, is, if an employer requires me to work in the USA.

Heck, I've seen 40 of the Contiguous 48 as it is.

Been there, done that, and bought the t-shirt already

If I was an "immigrant" I'd only want to be in Florida in the winter, the humidity doesn't suit my fair Scottish skin.

Wonder if Donald's mum could put a word in for me?

az2014

Your point of view doesn't come into the equation, only the point of view from the CO. Pretty simple really.

gtd2000

Yes, one arrives at that conclusion very quickly indeed.

Edit: Unfortunately previous history of travel, not having contravened any previous conditions of stay, is ignored but they choose to refer to incorrect data logged in the system.
This incorrect data will presumably be referred to in all future cases and ergo, your case is prejudiced before any interview is commenced.

ian-mstm

You can apply for redress via the DHS-TRIP program. There's nothing to lose at this point in time.

Ian

crg

There are some caveats to the employer option. Most of the categories employees use to seek entry require the applicant to overcome the same presumption of immigrant intent as a visiting tourist.

ian-mstm

That is their default position, I'm afraid. Everyone is considered an intending immigrant unless they can demonstrate that they aren't. Even QEII herself is considered an intending immigrant - indeed, she's in the largest groups of intending immigrants: non-US citizens living outside the US.


Indeed! It's a bit surrealistic at times. Best of luck to you!

Ian

Twinkle0927

You don't seem to want to find a solution to this. You're complaining that this putting a strain on your relationship, not to mention what this is doing to your children, and there is a very simple solution but you won't take it. Are you that stubborn? You sound very pompous with your "I definitely don't want to live in the USA". I also wasn't pleased about moving here and would rather be in the U.K. but that wasn't an option due to my husband's situation. The thing is, I love him more than I dislike this country. So I did what I had to do. Surely your children and their happiness are worth more than your arrogance? You must have known when you decided to have babies with an American woman that one of you would have to make a major move. Why not you? You're making a huge issue out of something that is very simple. How are your children going to feel when they are old enough to understand that you had the chance to live with them but you chose not to and thus chose for them to be raised without a father. My father abandoned our family and it took me years to forgive him. As a parent you should be putting your children first, not your desire for what suits you best.

gtd2000

Being very objective, it appears that you have some issues regarding your historical experiences.

I'm not pompous by any stretch of the imagination, you may well be overly judgemental, based on the hand that was dealt to you and have an axe to grind with males, so please, climb down off your high horse.

I've already stated that I'd prefer to have my children growing up in the UK. I'm not shirking on my responsibilities and simply being honest that I don't have any plans to live in the USA is not a measure of me not putting my children first.

Did you not read and digest the fact that I work overseas (i.e. not in the USA) for most of the time?

My son was likely conceived in the Republic of Ireland and my daughter in Florida, while I was working - totally legally and with the correct documentation I must add!

I admit, I do not possess a crystal ball and did not fully understand the likelihood that having lived and worked in the USA (again fully compliant with US Immigration law) and then having two US Citizen children would one day result in me being classed as an "intending immigrant".

I mistakenly assumed that as a solvent, educated, employed male and natural born Brit/Scot, there would be no issues travelling to the USA for vacation/holiday periods. Heck, I've even been alongside US Forces during my British Army days but I digress. I'm certainly well aware that this outlook was not accurate right now.

scrubbedexpat099

I do not have any historical experiences and agree that it is weird.

Your life, but no reason the US Consulate would not come to a similar conclusion.

You have options, not including the one you want, choose one.

gtd2000

That's an interesting link.

I'll need to contact my pal "Rob" at the DHS for some supplemental information

gtd2000

On my second visit to the consulate for a B1/B2, where the CO recommended that I apply for a work permit to live and work in the USA, I got the impression that wouldn't be a problem.

That would be something of a concern, where they now have an already prejudiced outlook of any application...

gtd2000

What is it that you find weird?

I'm certainly not the round peg in a round hole type of guy, I agree.

My particular lifestyle, is certainly different to the average Joe, no argument there.

In my particular line of work (Engineering Consultant) it's quite a normal scenario to be overseas and have family in another country.
This is very different to the average Joe, I fully agree but by no means weird from my perspective.

My default outlook would be that since my children were born, I've always complied with US Immigration rules. The historical records shows that I've not attempted to "immigrate" to the USA legally or otherwise. I simply believe I was interrogated/interviewed by the wrong border guard who set this whole thing in motion, nothing more, nothing less.

In a parallel universe, I'm just back from my planned 2 week rotational vacation in Florida and I've never posted a message on this forum

gtd2000

crg

Certainly nothing to lose, but DHS doesn't issue visas. DHS also cannot rescind a VWP refusal and make someone eligible again for VWP travel (there are clear regulations on that). So all roads lead through DOS and the consulate.

celticgrid

It is a bit weird, if you add in some context...

'In my particular line of work (Engineering Consultant) it's quite a normal scenario to be overseas and have family in another country into which I have right of access.'

The weird bit is that your family is in another country into which you have no right of access. An oft-repeated piece of advice on BE is that folks should naturalise (whether in the UK or US) in order to maintain rights to be in the same place as their children / parent. Your situation presents an object lesson in the pitfalls that can arise if that is not the case.

Good luck with sorting this out!