QUESTION
Can I marry a US citizen despite a working visa denial (214b) in the past?
Asked on Jul 03rd, 2014 on Immigration - New York
More details to this question:
Good afternoon. I was refused a working visa in the United States a couple of years ago despite having previous working visa history in the United States. I was refused under Section 214(b). I have met an American whilst working. I have known this person for some time now and taking our relationship to the next stage; whether it be an engagement (fiancé visa) or marriage, we are unsure as of yet but would just like advice as my situation is not that straightforward. I appreciate your advice in advance.
2 ANSWERS
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Generally, you should be able to obtain permanent residence. It is advisable to schedule a consultation with an attorney so they can ask detailed questions about your immigration history.
Answered on Jul 07th, 2014 at 5:17 AM
Adebola O. Asekun
If you are married to a US Citizen you should be eligible to receive an immigrant visa ( green card) if your US citizen spouse files paperwork with CIs on your behalf despite the fact that you may have been refused admission in the past. The requirements for a visa based on marriage are not the same for employment visa which, may have been denied for reasons having nothing to do with a marriage based petition. I must however advice that you wil be better served by consulting with an attorney who (a) needs to review your case to determine whether to pursue a fiance petition or an immigrant visa application (green card) Next, regardless of the option you select, the lawyer will need to (b) make inquiry regarding the factual basis for the refusal of your previous employment visa to ensure that the denial was not due to fraud or other grounds that will bar future approval of subsequent petitions or applications.
Answered on Jul 04th, 2014 at 10:06 AM