Fiance/Tourist visa Reapplication

I heard that if a Dominican applies for a tourist visa and gets rejected they can't apply again for one year. However, does that one year restriction also apply to the Fiance Visa?

For example: I would like my girlfriend to come here to visit the US before getting engaged. If she applies for a tourist visa and is rejected would we have to wait an entire year to start the fiance visa process for here to come here to get married?

ooooh, be careful!

My brother tried to do what you did, and have his girlfriend go and apply to the consulate to visit first. They told her that because she has a boyfriend in the US, there was no way she was going to get a tourist visa.

He eventually applied for the K-1 fiancé visa and it was approved, though the interview has not been scheduled yet. I learned from his mistakes and just went straight to the K-1 route.

If she is wealthy enough on her own to qualify for a tourist visa then she may get one, though not to visit you, and she would basically have to prove she was going back. It seems though that the are no way going to give her a visitors visa if the purpose is to see you, or if they even know she has a boyfriend in the US.

>>>>>>For example: I would like my girlfriend to come here to visit the US before getting engaged. If she applies for a tourist visa and is rejected would we have to wait an entire year to start the fiance visa process for here to come here to get married?

More likely than not, INS would figure you are trying to circumvent the process and deny the visa

Tom

Indicating you even KNOW someone in the USA is a bad mark when applying for a USA tourist visa. It is one more indication you might not come back. However, sponsership by a local from the host country is a GOOD thing for most European destinations. Most of the locals I know that have been to Europe did so by presenting letters of invitation.

Jim Hinsch JimHinsch@CSI.COM

Thanks for your insights!!!

Hello Vincent,

I am in the process of getting a fiance visa for my girlfriend in the D.R. The form number is I-129(F). You can get a set of applications from INS on the net at http://www.ins.usdoj.gov/

The form specifically asks if you and your girlfriend have seen each other at least once in the past two years. If she has been denied a visitor's visa to see you and she is not finacially able to prove that she will return to her "valuable assets" visiting you, then you will have to visit her. No way around the requirement to have seen eachother at least once in two years.

Denial of of a visitor's visa in no way affects the processing of a fiance visa. Because: in one case she is denied a visa because she can't show she will definetely return and in the other case you will have to submit an affidavit of support and so they don't care if she doesn't return because you bear the burden of her support for two years. That means, if she leaves you and winds up on the welfare rolls for any reason you will be expected to repay the system. Your declaration of support must be notarized.

If you need any more information let me know.

Irv Siva irvs@hotmail.com

One correction: YOU BEAR THE BURDEN OF SUPPORT UNTIL, SHE BECOMES A US CITIZEN OR LEAVES YOU AND RETURNS TO THE COUNTRY OF ORIGIN!!! IF SHE ABANDONS YOU AND RUNS OFF TO LAS VEGAS, YOU ARE RESPONSIBLE, FOREVER!!!! THE FORM I-864 IS NOT TO BE TAKEN LIGHTLY! YOUR CLOCK CAN GET TAKEN TO THE CLEANERS!!!

Loren, How are you responsible forever if they abandon you? You hope that the person cares for you as much you do them but if it's a sham and they abandon you, how are you responsible for them? How do they determine your liability??? Also, if it is a sham and they just married you to get into the country, isn't that viewed as immigration fraud and they are deported and you possibly fined or imprisoned if you had prior knowledge??? Please clarify.

Thanks, for the info.

We see each other several times a year. (Usually every month or so) So the seeing each other in person is not problem. I wanted her to see the US first hand before committing to coming to live here. I think the US is great (not perfect) but great none-the-less. However it is different from the DR and would take some getting adjusted to. I was worried that if she tried for a visitor visa and got rejected she would not be able to apply for the Fiance visa either for a year. From your answer it sounds like we don't have to worry about that. Thanks again.

Ok, I'm no lawyer, but I am pretty confident in my understanding. If I am wrong, someone please correct me.

When you sign the I-864 Affidavit of support, you are entering into a binding contract with the US government that basically says "I accept liablity for any burden this person may cause on the people of the United States." So, what happens, is if this person goes on welfare or something at some time in the future, the feds send you the bill. To prevent shams, her first green card is only good for 2 years. After that she gets regular permanent residency, and even if she dumps you, you dump her, etc... she is under no obligation to leave. However, the government says it was your idea to bring her here in the first place, so you are still responsible. If she becomes a citizen or abandons her residency, you get out of your oblication. thats the only way.