Denied for b1/b2 visa for not having close enough ties to Australia? Thoughts?

[itsreallynotimportant]

Hi all,

I've booked tickets to LA leaving next weekend to visit my girlfriend and thought I'd apply for a b1/b2 so I could stay for longer than 3 months. Well it turns out they don't like it when you don't have a job and have a US girlfriend and I've been denied a visa. They said it was because I couldn't prove strong ties to Australia. I had no idea I had to do this
I've been told I now can't enter under the visa waiver program. Is this forever?

What can I do to prove strong ties? I don't have a job right now as I was planning this trip (I work as a contractor/consultant), and I don't own any property (the land/house type).
I'm supposed to be leaving in about a week, but I'm guessing I'll need to rebook my flight.

 

[Sprucegoose]

So what have they offered?

How long have you resided here?

 

[itsreallynotimportant]

The US consulate haven't offered anything, they told me I could reapply if anything changed but said I could no longer use the visa waiver and would have to do an interview every time now.
I'm an Australian citizen, was born here and have lived here for about 28 of the past 30 years of my life.
It's just a massive pain right now and I can't seem to get any decent advice

 

[ozmille]

That is very harsh, hope you can work something out.

 

[Sprucegoose]

The US consulate haven't offered anything, they told me I could reapply if anything changed but said I could no longer use the visa waiver and would have to do an interview every time now.
I'm an Australian citizen, was born here and have lived here for about 28 of the past 30 years of my life.
It's just a massive pain right now and I can't seem to get any decent advice

That sounds extremely harsh.

Can you write to them to request a review?

 

[BAM1748]

That's Hard, isn't hindsight wonderful.

matt

 

[flymetothemoon]

Hi all,

I've booked tickets to LA leaving next weekend to visit my girlfriend and thought I'd apply for a b1/b2 so I could stay for longer than 3 months. Well it turns out they don't like it when you don't have a job and have a US girlfriend and I've been denied a visa. They said it was because I couldn't prove strong ties to Australia. I had no idea I had to do this
I've been told I now can't enter under the visa waiver program. Is this forever?

What can I do to prove strong ties? I don't have a job right now as I was planning this trip (I work as a contractor/consultant), and I don't own any property (the land/house type).
I'm supposed to be leaving in about a week, but I'm guessing I'll need to rebook my flight.

Nothing against you but as soon as I read this post I can see 100% as to why they asked you to prove strong ties to your country. They don't care how long you have lived in Australia for. The fact that you have a US girlfriend and don't have a job would automatically give warning signals to them as to reasons for you not coming back home.

 

[The Rok]

Do you have any evidence of applying for a job, a resume, recent applications etc?

How long is it since you were last employed? That will all affect their decision!

 

[dfcatch]

Your denial of the Visa now makes you ineligible for entry under the VWP.

Even if they did/do grant you the visa - final determination of admissibility lies with "Officer Martinez" at LAX. Even with a B2 visa, if he suspects that you intend to:

a/ overstay your visa;
b/ look for employment;
c/ seek to change your status when in the US;
d/ intend (even in the long-term) to stay permanently in the US

then he will deny you entry (regardless of having a Visa or entry under the VWP).

In the first instance I would speak with the consulate and seek a review....

Provide them with your proof of residence (are you renting - bring a rent agreement, are you living with parents - bring details and evidence of all your extensive family connections), get friend who you've done contract work for before (if possible) to provide you with a letter stating that they are expecting you to be around on xx date to be available for work.

Don't neglect great long lost Aunt Cindy who you have a deep and close family connection with who will be expecting you to be at Xmas Dinner.

Details of bank accounts, credit cards etc etc.

Bear in mind that at the Port of Entry you may be asked to prove that you have the financial capacity to support yourself whilst in the US, as well of course as the clear intention to depart.

Do not under any circumstances bring a resume with you to the US, or mention any intention to look for work when discussing with the consulate.

The whole aim of the game here is to paint a clear and defining picture of you as a Temporary Visitor who has clear ties back home here in Australia which will force your return.

I'm sure it's obvious now - but I never would have mentioned the girlfriend (That said - many of us have made similar mistakes at the port of entry in the past).

 

[The Rok]

For a B1/B2 Visa surely he would of needed to mention the girlfriend? As she would be the sponsor!

 

[dfcatch]

For a B1/B2 Visa surely he would of needed to mention the girlfriend? As she would be the sponsor!

No sponsor on a B1/B2.

B1/B2 are simply the Visa versions of the VWP entry modes.

Generally speaking - the only reason you would apply for a B1/B2 is because you want to stay longer than the 90 days the VWP gives you. B1/B2 are usually issued for 12 months. So the OP's original course of action was correct.

Now that he is ineligible for the VWP (due to the denial), Visa is the only way.

Interesting couple of points to consider as well:

1/ If the OP gets the B2 Visa in the end but decides not to stay longer than 90 days - this in itself will raise questions at the Port of Entry - "Why do you have a Visa if you're not staying longer than 90 days - you don't need one if you're not staying that long".

2/ Entering under the VWP waives away your right of appeal. If you get denied entry by the Officer - then that is it.

If you enter under a Visa (including B2), if the Officer denies you, you still have the right of appeal - so it's not a bad way to go if you suspect you may have a tough time at the Port of Entry.

 

[The Rok]

Did the OP have return tickets booked?

 

[itsreallynotimportant]

Did the OP have return tickets booked?

Yup, still do. They didn't care. They told me I shouldn't have booked them without a visa.
I got told by an immigration lawyer in LA that I can apply for another ESTA if I answer that I've been rejected for a visa in the past, and if it gets approved I can go over on the VWP. Have you heard of doing it this way?

I thought you could go over and look for a sponsor for an E3 if you were going on a b1/b2 or on the VWP?

 

[dfcatch]

I thought you could go over and look for a sponsor for an E3 if you were going on a b1/b2 or on the VWP?

Haha. Hmm yes - technically!

Yes you can enter on B1/2 or VWP, find work, then come back in on an E3 visa.

Couple of issues:

First - you need to gain entry to the US. This is done via "Officer Martinez" and he needs to be convinced that you intend to enter the country only for the purpose of (VWP/B1/B2 etc. ). Ie. NOT looking for work, and that you have every intention of leaving the country.
If he suspects that your REAL reason for entering is to find work - he may deny entry.

Secondly, the E3 program has a limited quota, you must have essentially a Masters Degree (technically need the equivalent of US Bachelors Degree which is higher than Aussie Bachelors Degree), and you must be offered a job which is a close match to your qualifications.

Third - you must come back home to obtain your E3, and then renter the US on the E3. You can't change status whilst there.

In fact, not only does the VWP prevent your right of appeal, but it explicitly forbids your ability to Change Status whilst in the US.

As to the ESTA question, you could try ESTA and if it lets you through you could attempt entry to the US on the VWP, but remember that the Officer at the Port of Entry can still deny your entry.

EDIT:

The key concept here is that of non-immigrant intent.

At the Port of Entry/Consulate, the Officer assumes immigrant intent, and it is your responsibility to prove otherwise. As the E3, B2, VWP visas are all non-immigrant visas, it's up to you to prove that you do not intend to over-stay, immigrate, marry or similar.

Also bear in mind that if an E3 is your goal, it is not explicitly a "Dual-Intent" visa. That means you can not enter as a non-immigrant with the intention of working towards permanent residency. (And this can be a basis of denial of entry/visa).

(There are ways for an E3 to transfer to permanent residency - but we're getting ahead of ourselves).

You've obviously done a fair bit of research already and IMHO did the right thing in applying for a B1/2.

I would try the ESTA approach, and/or seek review from the Consulate.

Good luck!

 

[itsreallynotimportant]

OK, so the new ESTA was rejected, looks like my only way over there is to apply for a new B2.
Given they already know I have a US girlfriend, is there any chance this will ever get approved?

What supporting documentation do I need to provide to prove I'm coming back?

 

[dfcatch]

OK, so the new ESTA was rejected, looks like my only way over there is to apply for a new B2.
Given they already know I have a US girlfriend, is there any chance this will ever get approved?

What supporting documentation do I need to provide to prove I'm coming back?

IMHO - Yes I think there is every chance of having it approved.

But you must prove "non-immigrant intent" - AKA you have sufficient ties to ensure your return to Australia.

Do you have any assets here?
Family connections?
Potential jobs/contracts?
Investments?
Memberships in any clubs/organisations/sports teams (You have a bowling league starting on a set date don't you )
Study enrolments?

All these kinds of things help to paint a picture of someone who isn't "just about to up-and-move to the other side of the world". (Obviously your girlfriend doesn't want to hear that - but let's leave that out)

Think of all the things that would upset your girlfriend - and then present these to the Consulate

You have a hurdle to overcome - but once there - you're on easy street.

PS. Depending on your age - you may be eligible for a working holiday visa given I believe these now exist for Aussies visiting the US (never been relevant to me)

 

[Tannin]

Secondly, the E3 program has a limited quota, you must have essentially a Masters Degree (technically need the equivalent of US Bachelors Degree which is higher than Aussie Bachelors Degree), and you must be offered a job which is a close match to your qualifications.

Facts:

* Approximately 10-15% of the quote has been used yearly to date. There is no risk of the quote being reached any time soon.

* An Australian Bachelor's Degree is fine. I've never heard of anyone rejected for an Australian university issued Bachelor's Degree.

Don't scare the guy/gal!

Lots of knowledge and real-life experience here:
E3 Visa | E3 Visa

 

[dfcatch]

* An Australian Bachelor's Degree is fine. I've never heard of anyone rejected for an Australian university issued Bachelor's Degree.

Don't scare the guy/gal!

Lots of knowledge and real-life experience here:
E3 Visa | E3 Visa

Anecdotally it may be fine and generally is - but the regulations state an equivalency requirement of a US Bachelors Degree and the Consulate can and may deny the application on that basis.

Particularly in a borderline case where relevancy may be an issue, new graduate with minimal work experience or simply as an excuse when the real cause of concern is lack of ties to Australia.

If the educational requirements are being demonstrated partly by experience, then they may require a validated Equivalency Accreditation - and this will be measured explicitly against the hurdle of a 4 year degree.

The website you link to is a wealth of information, but not all of the information is 100% accurate or up to date. An obvious one which I previously saw is the fact that 1st time applicants must apply in Australia; the site is out of date and still advises that it can be done in Canada when it can no longer.

9/10 times the E3 process is a walk in the park but you want to be prepared in case you get a tougher time of it.

Likewise 9/10 times the B2 is a rubber-stamp, I've rarely heard of many people being denied for a B2 (except for criminal conviction issues), but the OP was.

Clearly if I was the OP, I would be wanting to "over-satisfy" the requirements in order to get the all-clear from the consulate and get my butt into the US. Then all his future options are back on the table.

Having been in the OP's shoes before (and going through the H1B, E3, H2B, B2 and VWP regimes), the safest course of action is to avail yourself of all the facts and be as prepared as possible, and that means ensuring expectations of alternate avenues remain realistic.

 

[Simo]

Lots of research needs to be done as you have already had a rejection to get the decision reversed.

It can always be hard once the decision has been made to be reversed.

 

[Kenny K. Chan]

THanks for everyone for suggest documents that prove for Strong tie to Australia under VWP.

I want to ask, if someone is still an uni student in Australia, he finished his course in July and want to come to the US for visiting for 5 weeks. He is Australian and registered esta. What documents do you guys suggest to bring (Just in case if CBP officers ask)?

Here is my suggestion:
Bank Account statements
Tax Return (TO prove he is Australian resident for tax purpose)
Credit/Debit/Travel Card with its statements
Student ID card and its uni enrollment (or Graduation Confirmation slip that forces you to return for attendance)
Bills (Phone, Health and/or Car Insurance)
Contact of Employer (To prove you must return to Australia in certain date)
Driver License
(Optional) AFP Police Check (To prove you have no criminal record)

B1/B2 are simply the Visa versions of the VWP entry modes.

Yeah! I believe the prove of tie might also apply to VWP traveler too, not just B1/2 visa.

Anything else would you guys suggest to bring other than Passport, Health insurance, Returning ticket, esta hard copy and Hotel/Tour reservation slip)????? Please

my US trip is coming up in June...