Asked on Apr 05th, 2013 on Immigration - Pennsylvania
More details to this question:
My fiance was denied his visa to the united states. The refusal number 21 4b. He is in lagos nigeria. He filed for a b1/b2 visa. He told the consulate interviewer that he planned to come see me for two weeks. He was honest and told her that we met online and maintain our relationship via video chats, emails, and calls over the past year. He ownsa business in lagos and had his father and myself as a sponsor. His he prepared to show all the documents from me, proof of our relationship over the past year, and his close ties to his family and business. The interviewer would not even look at his papers. Denied him after he told her about coming to the US to visit me. Please help any advise would help.
If you are a US citizen, you should have applied for a fiancé petition on his behalf as that is a specific visa for the purposes of allowing a fiancé to travel to the States to marry a citizen. Most consular officers would not consider giving a visitors visa to the fiancé of a US citizen as they would be hard-pressed to believe that the applicant had a nonimmigrant intent. If you are not a US citizen or you both insist on him coming to the US as a visitor, he can try it again after an appreciable period of time (usually six months) and hopefully have a more sympathetic consular officer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Your fiance is ineligible for anything but an immigrant visa or a fiance visa. Just file an I-129F for him. Any fiance trying to travel to the US on a B1/B2 visa will be denied because of immigrant intent (as a result of the engagement to a US citizen) and anyone with immigrant intent is not eligible for a non-immigrant visa such as a B1/B2 visa. The F-1 visa is designed for your situation. Here's a link with more information: http://1.usa.gov/Du2kr
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