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ResourcesVisa & Immigration LawUS Immigration LawUS Tourist, Fiancée, and Marriage Visas: 214(b)

US Tourist, Fiancée, and Marriage Visas: 214(b)

Transcript of the above video:

As the title of this video suggests, we are discussing Fiancé Visas, Tourist Visas, US Marriage Visas and we are talking about what is called Section 214(b) of the Immigration and Nationality Act. I have a lot of people that contact me on a relatively regular basis asking me: "Why was the application for my girlfriend, my fiancée or my wife's Tourist Visa denied? I want to take her to the United States to visit." Unfortunately yeah, we see this pretty frequently.

We ourselves do not deal with Tourist Visas on any kind of a regular basis. My opinion, there is very little value added by a lawyer to the US Tourist Visa process. The other thing is if you are watching this video and you are out there talking to anybody that claims any kind of 'special' relationship with the Embassy that is a nonsense and if you hear that from any service provider, run, because that is not somebody you want to be dealing with. Anybody that claims that, if it was happening and I have never thought it was, but in the few rare instances and there have been some like 12 years ago I remember hearing about something involving 'undue influence' if you will, yeah all those people went to prison; it's a felony to engage in activities which you are trying to essentially circumvent US Immigration Law, it is Immigration fraud okay. So if you ever hear that just walk away from that right away. Nobody has any special relationship with regard to the Embassy, the Consulate when it comes to Visa adjudication, that is just nonsense. 

Okay stepping away from that for the moment, there are other options. If you have been denied or your Fiancée or significant other or spouse has been denied for a US Tourist Visa, yeah you may be painted into a Visa category you don't otherwise really, really want but depending on your intentions and your circumstances, it may be your only option. You may have to go ahead and get a longer term type of visa, a more residence type of visa. Again it is going to be fact based; it is going to be based on your circumstances but yeah there are circumstances where we oftentimes will see somebody who gets denied for a Tourist Visa and then 6 or 8 months later they are coming to us and they are saying "hey I am looking to getting a Fiancée visa now, our relationship has progressed to another stage. Will this prior Tourist Visa application hurt us?" In the past, I could say with relatively high degree of certainty that "no a prior denial on a Tourist Visa application would not in and of itself jeopardize a future K-1 or Marriage Visa application." These days, I did a prior video where I referenced a video that Mr. Hacking, Mr. Jim Hacking over in the United States did regarding issues that they were having, it seemed like mostly cases out of Africa at that time but when it starts one place it seems to move all over eventually and he was bringing up the fact that, yeah USCIS was asking for information regarding prior denial on a Tourist Visa case. The minute I heard that I did an ALERT video and I continued to be kind of on alert for that overall issue. 

The thing to take away from this video, If you are looking at getting a Tourist Visa, if you are looking at bringing a significant other to the United States, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into the best options and ways to proceed.