eiman

Hello everyone,

my case is a little complicated, so bear with me.

I am a British Citizen, born in the UK. I finished my degree in 2004 and wanted to travel around the States as I have family there. I had travelled to the States many times prior to that during holidays on the VWP. After my studies, I applied to the US embassy for an interview for visitors visa as I planned to do some intense site-seeing that would be longer than 90days, the lady that interviewed me suggested that I dont hand in my application because it will probably get refused, but to use VWP, but she did stamp my passport and put a note on it so I wouldn't have any problems using my VWP at POE, so I was told.
During 2005, I travelled to the States a few times on the VWP with no problems, i got engaged to a USC in November.
A few weeks ago, I was planning to see my in-laws (for the first time) in the States and talk about the wedding preparations (hopefully in November 2006), but at POE, the officer stated that I had lied on the VWP form that I hadn't been refused a visa (i explained the situation and told him what the lady had told me in the US embassy, and also how i had travelled many times prior to this), but he said if I was to enter, I would need a visa, and returned me home.

I feel very hard done, because I followed the advice I was given and it back-fired !! (if only I hadn't gone to the embassy initially).
So, now I'm here in London, I have started the k-3 process and hopefully I will be given an interview in the next 5-6 months, my only problem is that I have a few issues to take care of in the States (meeting in-laws, i have a court date for 2 traffic violations) and most importantly to see my fiancee.
I have an interview at the embassy later this month for the visitors visa application, but I dont want to screw it up. I only need to be in the States for 2weeks then I'm coming back to London and will be going to Germany for the world cup, i have several tickets under my name. Then go for my K1 interview in London, and hopefully make it in time for my wedding in California.

I would appreciate any help in me obtaining my visitors visa!!

scrubbedexpat099

Were you deported or allowed to withdraw your admission.

What did the POE stamp in your passport.

What did the embassy stamp in your passport.

When I was young and nieve I also applied for a B2, I was told that I did not qualify, but I did declare this on subsequent visits to the US. I did not know that you could withdraw your application by the time you got to the embassy interview stage. If they know about your application at the POE it sounds like you can not.

You might have issues with misrefresentation, that would be the biggest bummer.

Noorah101

The biggest question I have is....how can you have started the K-3 process, if you aren't married yet? Your fiancee is in the USA, and you are planning to go for a K-1 visa. Unless the K-3 was a typo, and you meant K-1 all along?

The only advice I have to make your case stronger to obtain the visitor's visa, is bring all kinds of proof that you DO intend to return to the UK after 2 weeks. For example, lease or rental agreement from your home, property ownership documents, a letter from your employer stating your return to work date, anything you can think of to show that your life is in the UK, and you're not planning to abandon it.

Best Wishes,
Rene

scrubbedexpat099

He corrected himself to K1 at the end so I took it as a typo.

B2 is going to be a push, but might also need a waiver.

Noorah101

Interesting. In this thread in the Marriage-based forum a few days ago, he stated that he just got married, and is planning to pursue the K-3.

http://britishexpats.com/forum/showt...t=364888&pp=15

You say you got married last week in London...so you are married. Then you say you have a fiancee in the USA...no, that would be your wife now, if you are married. You say you have wedding plans for this summer....no, you got married already in the UK, remember?

Now my question to the OP is.....are you, or are you not, married?? You won't get straight answers unless you stick to ONE story.

Best Wishes,
Rene

scrubbedexpat099

Good catch

That may also explain the 'confusion' about the failed B2 application.

Assuming everything else is correct, which I now have my doubts, the main issue to me would be not getting a Visitors Visa (long shot) but have the K of whatever type refused due to misrepresentation and having to go through the waiver process.

Noorah101

Regarding this particular matter, if you miss the court dates, you could be in deeper trouble than you think. Perhaps you can set up one of your relatives in the USA as your power of attorney to go to the court date on your behalf and explain why you couldn't make it to the appointment.

Rene

fatbrit

If I were you, I'd concentrate on getting my K1 sorted rather than messing about with visas for extra visits. You've now raised the red flag and you might even have problems arranging the K1. Coming for extra visits is just going to screw things up further.

On the court front, you can sort it out with a letter. Pay the fine and get it sorted, otherwise it *will* come back to haunt you.

On the wedding plan front, you are at the whim of US bureaucrats and cannot plan a wedding for November. At least you can plan it, but if it involves booking stuff and paying deposits, accept that it might all have to be postponed and you will lose your deposits.

If you want/need to see your prospective OH or prospective OH's family, do it outside the US.

Complaining you were given bad info by the embassy might make you feel better but it will fall on deaf ears with the uniformed drones. Quite simply, they don't care. Live with it!

Noorah101

To eiman - please note fatbrit's post runs on the assumption that you are NOT married, and intend to pursue the K1, which contradicts your earlier post.

However, I do agree that sorting out your Marriage-Based Visa (not the visitor one!) is your priority here. By the time you go through the hassle of getting a visitor visa applied for, denied, granted, waivered, whatever....you could have come a long way in filing for the correct marriage-based visa. Fatbrit gave you some great ideas on how to still accomplish your goals w/o traveling to the USA.

Best Wishes,
Rene

crg

Interestingly enough, visa waiver applicants cannot be allowed to withdraw. Only people subject to removal proceedings can be offered the option of withdrawing their application for admission. Since the VWP waives the right to a review of their removal they cannot withdraw. It's a visa waiver refusal, prosecution, or admission.

I bet this person was refused because they are intending to immigrate. They were a student here, their fiance is here, they're getting married here, they probably have had long trips in the past etc.

scrubbedexpat099

Perhaps I used the wrong words, I think usually if you are 'bounced' on a VWP you are not banned. But you can not use the VWP again.

There is an obvious issue about not declaring his previous visa application and refusal, which may have raisd the ante.

But as nothing more has been posted, we will probably never know.

crg

Either way, it's obvious that he was eventually enter on the visa waiver, get married, and reside in the US. It may not have been on that trip, but he didn't even consider a fiance visa until he was denied admission. He was planning to possibly marry in Nov 2006. When was he planning to start the paperwork? Apparently, he wasn't going to do things the right way. He may even have been working in the US. It sounds like the refusal was more than justified.

scrubbedexpat099

Quite possibly.

But using the VWP to marry is not the issue, staying afterwards would be, but no longer an option.

eiman

I have just logged on and can see that their has been alot of confusion and I apologise to all the members for this, I truely do.
What I have written on this post is the current course of events, I have had a girlfriend in the States for about a year and she became my fiance at the end of last year. Since I was refused entry last month, we decided the best way for us to be together was to get married. So hence, my fiance has submitted the I-129f for the K1 fiance visa. I apologise in the previous thread the truth wasnt told, I just wanted to see what the process would be if I was married. I apologise again for the confusion.

To answer some questions, I WAS told at the embassy in 2004 that she will put a mark on my passport so I wouldnt have any problems at POE, I HONESTLY didnt think I was refused a visa and hence on subsequent visits on the waiver stated that I hadn't been refused a visa, this is where problem lies in my last visit,

My embassy stamp says "application recieved" with a scribbled letter next to it, I specifically asked the lady at the embassy if I will have problems using the waiver, and she said she will mark my passport so I wouldnt have any problems.

And I was deported, I think thats the correct word, they decided to reject my waiver on the basis that I had lied on the form, I spent the night under supervison at LAX and flew me back to LHR the following day.

I feel very hard done by, I was furious, with my in-laws waiting outside the aerport. Probably worst moment of my life.

Anyways, I am hopefully planning my wedding for november 2006 (8months away) but will listen to advice that I shouldnt put any deposits down yet.

I have an appointment on the 25th April for an interview for visitors visa, according to your threads, I shouldnt even consider it, but I honestly think I am justified to explain my situation to the embassy.

I apologise again for all the confusion I have caused.

scrubbedexpat099

1. Being refused a B2 is not the problem in itself, it sounds like you misunderstood what she said to you.

2. The Embassy do not determine who gets let in, the Port of Entry do. Think of the VWP or B as an application document.

3. Whilst you may have been given a soft refusal for the B, you were still refused a visa and that is where the BIG issue is. What did they stamp your passport with when you were turned back?

4. If you had ticked the right box, you would probably have been OK, I did and I was. Pretty much guarantees a trip to Secondary but you ended up there anyway in a much worse situation.

5. If you have applied, you might as well go. If you are not sure if you have a ban, that will be one way to find out. Your call.