My brother is 28years old, he lives is Morocco.got denied a tourist visa and now want to apply for fiance visa?

by **lalla3** » Sun Feb 26, 2012 5:06 pm

we invited to our wedding ,and we were going to pay for his travel expenses, we provided enough docs to the immigration. he also provided that his has his own busniesses and sufficient funds ( enough ties), but he still got denied a tourist visa to the US. they say he doesnt have enough ties to his country and he has 2 sisters that live in the US. he is also in a long distance relationship with my sister in law who is 29. they met in our last vacation to Morocco. his plan is come as a tourist for my wedding and also to get to know my sister in law better. when he went to the tourist visa interview he didnt mention anything about his relationship . he just said he wants to come to the wedding for 2 weeks which are his true intentions.he got denied. now his and my sister in law thinking to get a fiance visa, but he is concern if the denial of his tourist visa will affect the decision on a fiance visa ?? he just got denied yesterday and they want to start the process for fiance visa right away. does anyone has experience on immigration matters and what is the best approach for this ? spouse visa which requires my sisiter in law to go to Morocco and get married or fiance visa? they have been talking online since december, 2011 ( enough evidence ), they have a lot of family pictures together to support their relationship. family is aware of the relationship and supportive.
please give me some insight , but no insult :)
thanx

by **tanishia** » Sun Feb 26, 2012 5:11 pm

The application for a K1 fiancee visa starts from the US citizen filing the visa petition. If your brother and his girlfriend decides to go through this fiancee visa route, they can. Tourist Visa and K1 visa have different requirements. There should be no problem as long as they're relationship is genuine. Since your brother has been denied with his Tourist visa application, he will have this record of denied entry in the United States Citizenship and Immigration Services. He needs to be totally honest if asked about the previous visa denial.

You can read more articles about the K1 Fiancee Visa Process here:

http://www.usimmigrationjourney.com/k-1-visa-petition

The previous visa denial will make this application a little tougher because now your brother has to really prove that he is not just trying to get into the US. Your brother and his US citizen girlfriend must build a strong evidence of their genuine relationship. It is good that they already met in person. That is one of the requirements of a Fiancee Visa. They also have to submit photos of them together, letters, phone bills, etc. Proper documentation is a must.

Goodluck!

by **cuartio52** » Sun Feb 26, 2012 5:12 pm

Why would this look like potential marriage fraud to immigration authorities? Lots of reasons. Morocco has become a major source of immigration/marriage fraud by males. He was denied for a tourist visa due to insufficient ties to his own country since he already has relatives in the US. As soon as he's denied, his gf (which he neglected to mention!) applies for a fiance visa for him?

If he has a flourishing business in his own country, he should apply for his fiancee to immigrate to Morocco and join him there. If this is true love, and he has flourishing business interests there, they'd be better off living there than trying to get someone with a record of visa denial into the US. Even if they have met in person, face-to-face, within the 2 years immediately preceding her filing for him, and even if she earns enough to guarantee his support and has a home for him. Filing for a fiance visa right now merely adds to proof that his prior application for a tourist visa bore crucial elements of visa fraud.

by **ruddy** » Sun Feb 26, 2012 5:20 pm

It is near IMPOSSIBLE for a young man from Morocco to get a visitor's visa to the U.S. The moment you entered the picture, you effectively killed his chances for a B2 for good.

And if you look at this now, you would see whey they assumed immigration intent: he wants to immigrate to the U.S.! This is why it gets harder and harder for Moroccans to get a visa; people like your brother prove that they will do anything to get there.

The K-1 is also a non-immigrant visa, but here immigration intent is implied. The U.S. consulate will make sure the relationship is genuine, meaning in case your 28 year-old brother intends to marry an older woman, that will raise a red flag. But if his fiance and he have met a few times, if he introduced her to his family, and has photos and other documents to prove this, the denial of the B2 will not have any adverse effect on the K-1 petition. If the consular people feel that he is using this engagement to get a ticket to the U.S., they will stamp presumed fraud on his petition and deny it. Then his fiance and he have to live for at least 2 years in Morocco before they can apply for a spousal visa. If his fiance doesn't move to Morocco, then they have even more prove that all of this was a sham from the get go and they will ban him for life.

by **rumford** » Sun Feb 26, 2012 5:22 pm

a fiancee visa is not the same as tourist visa ... if he meets the criteria it should not be too diffficult
and the US citizens meet the criteria required there and earn enough for the support affidavit

and of course they must have actually met... it does all sound a bit fake
and fraudulent though

http://www.visajourney.com/content/k1flow

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