Question about Applying for Fiance Visa

[Boring 0]

HI-

Currently I have been gathering all my info to file for a fiance visa. My fiance's mother is in the USA I believe as a permanent resident with her youngest daughter, his sister. She applied for a family visa in august of 2009 to bring over my fiance and his brother. He has tried to get a visiting visa twice now but because he is younger, and does not have the ties the country he has been denied. We want to file a fiance visa. Will his mother's filing affect his approval for a fiance visa? Would it be easier to just get married in his country??

[L&V 1]

HI-

Currently I have been gathering all my info to file for a fiance visa. My fiance's mother is in the USA I believe as a permanent resident with her youngest daughter, his sister. She applied for a family visa in august of 2009 to bring over my fiance and his brother. He has tried to get a visiting visa twice now but because he is younger, and does not have the ties the country he has been denied. We want to file a fiance visa. Will his mother's filing affect his approval for a fiance visa? Would it be easier to just get married in his country??

Hi,

The family visa filed in 2009, the denial of the tourist (visiting) visas will definitely play a role in your fiance (K-1) petition.

Looking from the USCIS perspective. Your fiance has not been able to get into the US, now he's trying to get into the US from another process (K-1). The burden of proof is on you and your fiance to show hard evidence that there is a genuine relationship. It's hard to say if the spouse visa will be easier (getting married in his country).

Consider the following:

*what is the status of the family visa petition?

*if your relationship and/or engagement began recently (after the family visa petition), this will create some doubt.

*what evidence do you have of the relationship? (face-to-face visits, engagement and other photos, join bank accounts, etc... the more the better)

[NigeriaorBust 4,087]

Also what country is involved ? Some countries you don't get a visitors visa and almost the whole country has tried at least once.

[tammy_sheldon 1]

The country is Jamaica...the relationship started 6 months before the family petition....and there is proof of meeting in person March and August of 2009, as well as phone conversations. Can you file a finace visa when a family petition is in process?