ESTA and B1/B2 visa refusals for UK citizen [closed]

I have completely re-edited my post and deleted my comments. I hope this isn't breaking any rules, if so please inform me and tell me what to do.

My boyfriend goes to school and helps take care of his brother, and all of his family is in the UK. I also go to school and help take care of my brother, and I am the only thing he has in the US. He tries to come see me whenever we both have off, no one feels comfortable with me travailing international by myself. He came to the US Nov 1, 2016, and stayed until Jan. 28, 2017, on Feb. 7, 2017, he applied for the B2 visa which was denied for not having enough ties to the UK, looking back I have no idea what we were thinking applying that early.

We just wanted to be able to book a ticket early before they got super pricey (we were going to travel July/Oct time) on March 1st he applied for ESTA which got denied. We did talk about getting married seeing as that's always been the plan just not this early, but we thought it might look staged because of the visa denials previously, and we still would have to wait a year to get married. Would the fiance visa still work if he got married at the courthouse and had an actual wedding later on? Do we have any other options? What are the chances of the ESTA being approved in Aug? Should we wait longer to apply for the ESTA?

Best Answer

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2). Often, the visa will be issued as a B1/B2, combining the two, allowing the flexibility of entering for either, or both, purposes.

After the refusal, he can reapply (unless it was a 221(g) refusal). Before he does, he should consider the shortcomings, such as attempting to live in the US, and remedy any deficiencies (emphasis mine).

An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law.

After being found ineligible for a visa, you may reapply in the future. [Y]ou must submit a new visa application and pay the visa application fee again. If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application.