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I have been refused a USA visa and/or an ESTA five times under 214(b). The first time I was married to a British citizen and have one child. We were supposed to travel together but I was the only person who needed a visa, because I had a 2-year spouse visa.

The second time I was divorced but wanted to go on vacation with my daughter. I had indefinite leave to remain at this time but was refused.

The tird time, I had an invitation from a friend to visit with my daughter but was refused because I don't have strong family ties in the States.

The fourth time, I had a British passport and applied for an ESTA but was denied. I applied for a non-immigrant visa, stating that I have a fiancé in the States and was going to visit him, but I was refused again and was asked to go and apply for a fiancee visa (K-1).

The fifth time, I tried ESTA again after a year but was denied.

My boyfriend has a green card and can visit me here but I can't visit him. And I cannot apply for a K-1 visa because he is not an American citizen.

What else can I do? I need advice please.

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3 Answers 3

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First, stop applying for ESTAs:

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

And:

Many people make the mistake of thinking that if they were denied a visa when they were a citizen of one country, then become a citizen of another country, they can travel to the U.S. under the visa waiver program using their new passport. That is wrong.

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

Secondly, seek help from a qualified US immigration orientated lawyer for any subsequent applications - you are in a situation now where your application history is working against you and you need professional help.

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    "your application history is working against you"—absolutely. On top of any other concerns, immigration officers will now be asking themselves "why is this person so desperate to come to the United States?"
    – eggyal
    Commented Feb 8, 2018 at 10:43
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    @eggyal that is true, but this particular person at least has a legitimate and relatively benign answer to that question: a boyfriend who lives in the US. It is only "relatively" benign, of course, because the possibility of the person illegally immigrating in order to live with the boyfriend makes it harder to overcome the presumption of immigrant intent. That may not be this person's main problem, though, since the series of refusals began under different circumstances.
    – phoog
    Commented Feb 8, 2018 at 13:30
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To be refused us visa four times means there is a fundamental problem with your application. Now you need to review all your previous applications carefully to detect where the problem is reoccurring.

For instance you said you were denied the third time because you do not have a strong family ties in the States. Having a strong family ties in the States can actually be a reason for the denial because you will seen as an intending migrant. You do not need to have strong family ties in the states but a strong family ties in your home country plus a professional and social ties to your home country that will compel you to return after your visit to the States. You need to demonstrate this during your interview as you 'may not" be asked to produce documents to back up your ties to your home country even though you have the documents. Documents are to assist you but are secondary to the consulate officials because visa approval are strictly based on the oral interview and the information in your DS-160 application form.

Your application history may be complicated now. So you need to re apply with a compelling and detailed argument in your favor to turn the denial around for you. There is a section in the DS-160 form were you are asked if you have ever been denied a US visa. You answer yes. Then a follow up paragraph will pop up asking you to explain. This is where you pull the trigger to get your visa. Whatever argument you put up there will determine your visa approval.

You may need someone with the knowledge to help you with that compelling argument.

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Even if your fiance were a US citizen, you should not need a K-1 visa to visit. The K-1 is for people who want to go to the US for the purpose of marrying a US citizen and then applying to adjust status to that of a permanent resident -- in other words, to stay permanently.

If you want to do that, the paperwork you'd need is different because your fiance is not a US citizen. If that is the case, however, you should be asking at Expatriates.

Assuming it is not the case, you need to convince the visa officer that it is not the case. You also need to overcome whatever other facts caused them to invoke 214(b), if there are any.

The fact that they told you you'd need a K-1 shows that they did not understand your circumstances fully from reading your application. Correcting that situation by repeatedly filling new applications is generally ill advised. I will echo Moo's advice that you engage a competent immigration lawyer to assist with your next application.

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