Steve_N

Hi all, Ive been browsing the forum and Ive got some great info and advice from it, however nobody really seems to be in the same situation as me...

Well Im from Scotland, my g/friend is an American Citizen by birth. Ive entered the USA 7 or 8 times this year to visit, all on the VWP, usually for around 2 weeks each time. I was told at the POE last time that I should apply for a B2 as I am "abusing the VWP" . (Please note that I have never actually been refused entry)

So I went along to the embassy for my visa interview, and got rejected on a 214(b) and the interviewer told me just to keep entering on the VWP.

I have a good job, I work in the oil industry, so I work an on/off rota, that allows me to travel to the USA so much. I also have a house in Scotland. So if I keep travelling with proof of my job and house in Scotland...will I be ok on the VWP?

We do intent to marry, however Im waiting for my decree absolut (I assume I cannot apply for a K1 until we get this?)

Noorah101

Hi Steve, Welcome to BE.

Actually, there are many others in your particular circumstances. You've simply been using the VWP too often, too much, and the POE officer decided you aren't supposed to be staying in the USA so often.

It's very common for the POE officer to tell someone to go get a B-2 visa. The POE officer doesn't realize a B-2 will get denied (or doesn't care), and from now on you'll have to declare that denied visa whenever you travel to the USA. If you have an ESTA in the system, you'll need to update it to reflect your new scenario (I believe).

Will you be allowed to enter on the VWP again is anyone's guess. I'm sure there is a record that you were turned away at the POE and told to get a visa. You will declare the visa denial as well. From now on, the next POE officers will see all that information.

So the only way to know is to give it a try....but if Iwere you, I wouldn't visit the USA so often.

And yes, you'll need the decree absolut before she can file the I-129F towards your K-1 visa.

Best Wishes,
Rene

Orangepants

Hi Steve,

There are lots of us in the same situation - trying to "live" in the US during our downtime (or for some - whilst not working). They dont want us to live there unfortunately however much we say we'll leave on time, funds we have available etc. Obviously we can visit but more then 3/4 times, it doesn't look too much like visiting anymore.
I too was told that I was abusing the system back in 2006, didn't deny me entry but told me to get the appropriate visa. (I was on a six month paid sabbatical from my job in the Cayman Islands). Fortunately I then started work for a US bank in London so I got the B1/B2 and managed to combine the two parts of my life. I do now stay out of the US for longer periods of time (the B1 still doesn't "guarantee" me entry) so it appears that I live elsewhere, which I do!
Think you have to stay out longer and not visit as much - otherwise you may get denied and I've heard that's not pretty..

Folinskyinla

Hi:

Except for the last paragraph, you state a damn good reason for using the VWP a lot -- you have a steady job with big breaks and a US girlfriend whom you can't marry because you are already legally married.

Are you pushing it? I don't know since it depends upon the POE inspector and her supervisor.

A lot of people, including some airport inspectors, play a simple numbers game. But you have a legitimate reason for the numbers game and the history of timely departures is actually a favorable factor.

It is ALWAYS a roll of the dice when you make an application for admission. No one can tell the future, but you have a fairly good case IMHO -- however the POE examiner may disagree with me and SHE is the one you have to worry about. [My personal admission application horror stories as a US citizen took place once entering Canada and the other a long interrogation of my daughter at Heathrow. Both times we got in.]

Good luck.

Steve_N

Thanks for the quick replys...Just to be clear, I wasnt actually refused entry, I never have been, Im just worried about it happening soon, especially since I got the B2 refusal.

Noorah101

Right, that's why I said "turned away" instead of "refused entry".

You will still have to declare the B-2 refusal, though...that one WAS a denial.

Rene

meauxna

Someone else just posted that they expect a 6 week wait for their decree absolut (from the judge's initial approval) so it may be a moot point anyway.

Eric S

Rene,

I think he's saying that the POE officer scolded him and told him he should get a B-2, but then actually let him enter.

- Eric S.