squishthejunebug

Hi all. I have a similar situation that I need advice about. After getting a B2 visa denied, I am wondering if it's smarter to reapply, or to travel under VWP.

I am an American getting married in Sweden (to a Swede) on 1st January. After our honeymoon, we want to travel to the USA and see family/friends before returning to our jobs here in the UK. I have lived in the UK for six years. (My grandparents are in poor health, and it's important to us to go soon after the wedding).

Not knowing the complications, we applied for a B2 tourist visa while visiting his Sweden last month, so that we could stay in USA for longer than 90 days. The application was denied under section 214b. When we enquired by email, the Stockholm embassy told us he was no longer eligible for travel under the VWP.

So, we sought the option of reapplying for a B2 at the London embassy. We then learned through the London embassy that because it was section 214b, we are in fact eligible for the VWP! We are totally willing to adjust our plans to less than 90 days.

What we need to know is, is it smarter for us to pursue a B2 visa, or travel under the VWP?

crg

You have to complete the ESTA to determine if you can even fly to the US without a visa. That's the first step.

Ian: What you are saying is mostly correct, but the paper Form I-94W is generally no longer used at airports.

Noorah101

Squish, I created a new thread for you, since you responded to a thread that was almost a year old.

Broken off from this thread: http://britishexpats.com/forum/showthread.php?t=640948

Rene
Moderator

squishthejunebug

That's true, thanks. Before we make that step, what do you think the risk is that he could be denied entry in a way that would cause him to be banned from the country? Of course we'd be honest, and provide documentation. I have read this entire thread, but am unclear as to what INA causes people to be banned, and whether that could apply to him.

Rete

Is there something you are not telling us about your soon to be spouse? What background does he have that would make it impossible for him to use the VWP and/or to incur a ban from entering the US?

Apply for the ESTA now (it is good for 2 years if approved) and if it is approved then you need only to fly to the US for your visit. At the POE if asked, be sure to have proof that he will be returning to the UK to continue working and living. That could be a letter from his employer stating the amount of leave he is taking, a lease to your flat, etc.

Just wondering why you are looking into the worst case scenarios, i.e. a ban?

igotheesta

File the ESTA before September 8th in fact file it right now, today! Pick a flight and hotel or address of family member and register that for the address and flight information. You can update like I will do for free later on before you fly you don't have to pay to update the flight and address information. If it gets refused then you know where you stand and you haven't lost any money. If you file after the 8th you have to pay and I don't think any refund of that money is possible

squishthejunebug

Hi Rete. I'm looking into the possibility of his being banned because he has been denied a visa and I'm not sure how "frowned upon" it is to use the VWP after having a B2 Tourist visa denied, and to use it while married to an American citizen.

This is the first time he has been refused a visa, he has no criminal record, he successfully travelled under the VWP last August for a stay of 2 weeks. My background and passport history is also clean. We have no foreseeable intention of residing in America, and have told no lies. The only reason we would seek a green card at this point is if we were told that it was the only proper channel for his US entry.

The proof of return we could offer would be,
-Roundtrip ticket out of the country
-Letter of employment in UK
-Proof of residence at the UK property he is renting
-Photocopy of my own visa in the UK which lasts until Oct 2012 (as well as photocopies of my visas over the past 6 years)
-Bank statement demonstrating adequate finances to support his stay and show economic ties to Sweden.

Noorah101

I think you're getting too stressed over this. It's quite common to be refused a B-2 visa and then try to travel on the VWP. As others have said, simply fill in the ESTA form accurately, claiming the denied B-2 visa, and see what happens. Some people get approved for VWP travel after a B-2 denial, some don't. If he gets approved, go to the USA on the VWP and bring all those ties you mentioned (they are good ones!). If he doesn't get approved, you can try for another B-2 visa, bringing proof that the ESTA was denied, and proof of all the ties you mentioned. Perhaps they will issue the B-2 after all. If not, you can go visit your grandparents in the USA without him.

I can't see anything in your scenario that would make him incur a ban from ever visiting the USA.

Rene

ian-mstm

The original post was a year ago... give a guy a break!

Ian

crg

Oops! I see why it's a bad idea to ressurect an old thread for a new question.

Ian, why didn't you predict the demise of the green form a year before they decided to do it?

ian-mstm

Ian

meauxna

So you're the 2nd one to come along with that tidbit of misinformation.. it seems to be Stockholm's opinion, but no one else's!

Maybe your thread will convince the Swedish guy who's been posting here.

PS: it's best to apply at the US Consulate serving your *residence* (that may have impacted the application).

Why did he apply for a visa in the first place (vs using the VWP from the get go?)

squishthejunebug

Ah ok, we weren't aware that it was preferred to go to the consulate you're living from.

We applied for the visa because we didn't realize it was so difficult to get! I thought it would be virtually as easy as the VWP, and help us be flexible in our travel plans.

We also shot ourselves in the foot by asking email info about green cards! We were reviewing our options and trying to figure out what was best in our situation, knowing nothing about the US system. Obviously they became suspicious. We tried to clarify that it was not our intention, we just didn't know what options there were. But it was enough to complicate his interview.

squishthejunebug

Thanks for your help, everyone.
We just applied for ESTA, and got the reply. He is not authorized for travel under the visa waiver program.
I guess then our only available step is to reapply for the B2 tourist visa and hope for the best?

crg

Hmmm... I think you're right. The green card question caused the visa application to be shot down in a blaze of glory which then caused them to deny the ESTA.

I still don't agree with what the embassy in Stockholm put out because most of the people with prior visa denials who post here end up being approved in ESTA.