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

[rich212]

Hi All,

This thread is full of great advice and I'm glad the OP finally got his visa approved.

Since I don't want to jeopardize my future travel plans to the states, I just want to clear something re: visa denial....i understand that if your visa is denied, you're not allowed to apply for the VWP. But is that for a certain period or permanently? If you're permanently denied entry into the states through the VWP, what are the alternatives?

Also, I've been researching this but haven't found a clear answer...generally what's the length of stay of the B2 visa? Am I correct in saying that Immigration at Port of Entry has the final say in how long you're legally allowed to stay?

So...here's my situation:

I recently returned from the states after living there for 3 years...although I did spend 6 months back here within those 3 years so technically 2.5 years. I completed a Masters program there and worked under OPT for a year. I was planning to continue to work there with the E3 visa but due to poor research I was caught unprepared as I found out the E3 visa had a prevailing wages condition. yesss.....I later found out I was severely underpaid.....

Even though there was a 60 day grace period after my OPT expired, I left ~ 1 month after my OPT ended. Being currently unemployed I would now like to take advantage of that and go back and spend more than three months there to visit friends and finish off all the travelling I was expecting to do as if I was working there on an E3 visa. Obviously, I'm not going to tell the consulate that I planned to apply for the E3 visa.

So I'm just asking y'all if there are any grounds for the consulate to deny my visa. Further, I do have an asset (apartment) here in Sydney and all of my close family is here so there are reasons for me to return.

I really appreciate all the advice.

Regards,

rich212

 

[silvermarch]

Hi Rich212,

I hope you've found a solution since your post. I've also had my visa recently denied due to being unprepared. I was, however, able to be approved at my next interview after I brought along far more documentation ($$$ statements).

To my knowledge:

1. The length of B1/B2 is 6 months. The visa is valid for 5 years (for an extra fee).
2. I don't think they can say how long you can stay but if they let you in and you stay longer than 6 months, it'll be a permanent strike.
3. I think with the VWP we're technically permanently denied... unfortunately.


I'm sorry to hear about your situation. I think there shouldn't be an issue with you applying for B2 as long as you show them proof of ownership of the apartment.
In my interview the lady looked at:
1. Job employment (i had a letter to state i was expected to come back to work from the university)
2. Monetary support (I had gotten my dad to show his bank account along with a legal statement stating he would financially support me, in case what I showed there wasn't enough).

Essentially, that was it! They didn't care for much else.

I hope this helps!