QUESTION

Will my fiancé’s visitor’s visa being denied affect my I-130 application for him when we get married soon?

Asked on Mar 20th, 2014 on Immigration - Texas
More details to this question:
I am a permanent resident and qualify to naturalize in 2015.I have never been married and plan to marry my ex-boyfriend. My fiancé was refused a visitor’s visa this year.
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4 ANSWERS

No it should not since the criteria for getting the two different types of visas are very different.
Answered on Mar 26th, 2014 at 5:31 AM

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Adebola O. Asekun
The fact that the consular officer denied your boyfriend a fiance visa does not necessarily mean that it will also deny a Form I-130 petition when you marry him. At this point, you should inquire as to the factual basis for the consular officer's decision to deny his Form I-129 F fiance. If there are legitimate basis for denial of his fianc?e visa, such as for example criminal grounds or fraud in your relationship, a Form I-130 petition may also not be approved.
Answered on Mar 24th, 2014 at 11:49 AM

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Most visitor's visas get denied because the applicant fails to show that he/she has strong ties to the native country and does not intend to remain in the U.S. For example, simply mentioning that he has a fiancee in the U.S. would likely result in a denial of a B1/B2 visa. If your fiance's visa application was denied only because he did not prove that he has no intention to immigrate to the U.S., this denial will not affect the outcome of your I-130 petition for him of of an application for a K (fiance) visa. If however, your fiance's B visa application was denied because he has a criminal record, or a history of violation of immigration laws of the U.S., or a disease that makes him a danger to others, or an association with a terrorist organization; then your I-130 petition will not be approved.
Answered on Mar 21st, 2014 at 2:38 PM

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Bruce A. Coane
Generally, under the law, the denial of a B-2 visa should have little or no effect on the visa interview for an approved I-130.
Answered on Mar 21st, 2014 at 9:37 AM

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