Denied B2, Terminating Greencard process and VWP????

Hello everyone,

I am looking for any information or advice for this situation:

My wife (USC) and I (UKC) have been together for 6 years now living in both London and Spain. About 18 months ago my wife was getting a little homesick (my wife had not been back to the US for about 18 months) so we decided to apply for the Greencard. Only a few weeks later my wife considered this a big mistake as she was able to go back on holiday for two weeks and this settled things for her.

We are now considering terminating the visa process but one thing is causing some confusion. I was actually denied a B2 visa about 4 years ago. We applied for this as we had saved to travel America for 6 months and then head to South America for a further 6 months. We were completely unaware that as I was eligible for the VWP the chances of getting the B2 were very low indeed, if we had known this we would have simply gone for 3 months instead.

So a UKC that has been denied a B2 visa that is going to terminate the Greencard process and is ineligible for the VWP. Once I terminate the Greencard process how do I ever go to America on holiday?? What would I need to do?

Thanks,

Mike     

I don't think a terminated green card process will affect anything, but now that you have had a B2 refusal, you will need to apply for another B2 if you want to visit the US again.

It's a Catch 22 situation with the B2: your first application was refused because you were eligible for VWP... But the fact that it was refused means that you have now become ineligible for the VWP, and will need a B2 to enter the US as a visitor for the rest of your life (basically the moral of the story is never apply for a B2 unless you are ineligible for the VWP to start with - I have a 10-year B2, but only because I have a DUI and was told I could never use the VWP again).


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Hey ksand,

Thanks for the info.

If we were to terminate the visa process in say, December, when do you think would be a reasonable amount of time to leave before applying for the B2 visa?

Would terminating a greencard application prior to applying for a B2 visa create any suspicion?

Thanks,

Mike   

Hey ksand,

Thanks for the info.

If we were to terminate the visa process in say, December, when do you think would be a reasonable amount of time to leave before applying for the B2 visa?

Would terminating a greencard application prior to applying for a B2 visa create any suspicion?

I have no idea, I'm afraid.

I only have experience with applying for US student visas and B2 visas... both of which are temporary visas.

Hey ksand,

Thanks for the info, it is very much appreciated.

Mike

As long as you're just visiting I don't think you need a US visa. Shouldn't really be a problem

As long as you're just visiting I don't think you need a US visa. Shouldn't really be a problem

Actually, it will be a problem. The OP has a previous refused US visa, which means they can no longer visit the US without applying for a visitor visa in advance.

When a UK citizen visits the US without a visa, they need to fill out and submit the ESTA visa waiver form online for approval. The ESTA asks if they have any previous refused visas and if they do, their ESTA application will be denied and they will need to apply for a B2 visitor visa before travelling.

Forgive my ignorance. good to know