theanswer2222

Hi folks. I'm a US citizen who lives and works in the UK. I'm going to be working for 9 months on a temporary job in the US and want to bring my British wife and child over with me. My wife was denied a B-2 visa on the grounds that she has strong ties to the US (me). She was subsequently approved for ESTA.

Does anyone know what the odds are of her being turned away at customs after our flight to the US using the VWP? We were planning on renting out our home in London for a couple of months but are uncertain now in case she's refused entry.

Thanks,

Matt

avanutria

Was the B-2 application for this upcoming trip, or for a different one? Was she eligible to use the Visa Wavier program before she applied for the B-2?

I am USC and used to live in London. My British spouse and I took several holidays in the US and he never had a problem entering, but the longest we ever stayed was 3 weeks. If we were bringing a bunch of stuff and declaring intent to stay 3 months I don't know what might have happened differently.

If you are in the US for nine months, what is your wife going to do when her time in the US is over? On the B-2 it would have been max six months; on the VWP she'll have 90 days. Is the child a US citizen?

Eric S

Did you consult an immigration attorney when you applied for the B-2? Or employ one to follow up after the denial? On your other thread, Mr. Folinsky, our resident immigration attorney, suggested you do so. From his posts on that thread, he seems to think that your wife should be eligible for a B-2. I would listen to him.

- Eric S.

theanswer2222

The B-2 application was for the same trip, and yes, my wife was eligible for the VWP before she applied for the B-2. We travelled to the US last year using the VWP for a one-week vacation.

We’ve changed our plans significantly to comply with the VWP programme. Instead of staying the full 9 months with me, my wife and child (who is both USC and UKC) are planning to make two visits of between 2-3 months to see me (Sept-Nov 2011 and Feb-April 2012). I’ll now return to the UK at xmas too.

Eric, I did consult an immigration attorney after being denied for the B-2. She was very friendly but unable to help us as, in her opinion, we’ve taken all the correct steps. My wife was denied the B-2 for the simple reason that she’s eligible for the VWP; our strong ties to the UK (permanent job, mortgage, family) weren’t a factor. The attorney was only able to offer sympathy that our entire plans for next year hinge on the agent on duty when we arrive in the US. Yikes!

Englishmum

Wow. I wonder if it would be best if you all flew to the US via Ireland (Dublin or Shannon airports). There are US Immigration officers and customs clearance for some flights to the US in these airports, so when you arrive in the States it's similar to having flown on a US domestic flight. Even if your wife was not admitted entry, it's a lot easier to return to the British mainland from Ireland than it is from the States!

Aer Lingus has flights to a few destinations in the US eg. Boston, New York, Chicago, Orlando; you can see which flights have US Immigration & Customs pre-clearance in Ireland - and which flights don't:

http://www.aerlingus.com/travelinfor...ion/#d.en.8154


but the US airline "Continental Airlines" (which has just merged with 'United Airlines'), has daily flights to Newark (New York) with loads of onward domestic connections to other parts of the States.

Scroll down to below the table and see the comments about Continental flights departing from Dublin and Shannon, all the CO flights have pre-clearance in Ireland:

https://www.continental.com/CMS/en-US/travel/news/Pages/travelnotices.aspx?v_ctrk=HHLN$0-955-1496-1-842#TerminalRelocations

hope this helps

crg

Back to back to back 90 day visits on the VWP following a B-2 visa denial is risky even with a new approved ESTA. That's using the VWP in manner it wasn't intended. Merely leaving to get more time is not recommended.

How old is the child? If the child is of school age, what is the plan?

meauxna

But has she reapplied/updated her ESTA since the visa denial? (you did say she was subsequently approved, but the above quote made me wonder)

theanswer2222

We’re not planning 3 x 90 day visits. Instead, we’re planning two 80-90 day visits with at least 2 months in between. Our child is 1 so school is not yet a problem.

Yes, my wife has reapplied for ESTA since the visa denial and was approved. It was a tense wait, let me tell you! But we have no idea what to expect when we arrive in the US on the VWP.

Steve_

The short answer is that it's impossible to say for sure because at the end of the day it's up to the CBP inspector, but given that you are planning on staying for longer than the permitted entry time for either B-2 or the VWP, that sounds very much like your wife and child not having non-immigrant intent so there is a real chance of being denied entry.

The visa denial I don't think means that much, the embassy in London seems to be under instructions to deny B visas to anyone who can get in under the VWP for what they want to do, to stop people from avoiding using ESTA.

If you're really worried about being denied entry the simple thing to do is to fly from Ireland and go through pre-clearance there, that way if they get denied it's a short flight back.

ian-mstm

Sometimes it helps to read the whole thread before posting. The OP subsequently states: "Instead of staying the full 9 months with me, my wife and child (who is both USC and UKC) are planning to make two visits of between 2-3 months to see me (Sept-Nov 2011 and Feb-April 2012)."


This was already suggested.

Ian

meauxna

I think Steve is (correctly) saying that because the normally non-resident USC is going to be in the US for longer than a standard visit, the immigrant intent supposition on his spouse becomes higher.

theanswer2222

Thanks for the advice, everyone. Playing by the rules seems to be a losing strategy at this point. Is there any reason why we shouldn't just tell the customs agent that we're visiting the US for a short vacation?

crg

Other than a lifetime bar for fraud/misrepresentation ...... I can't think of any reasons.

Noorah101

Yes, because that isn't the truth.

Rene