Wanting to bring fiance and child to the states for a visit

[ecosse 0]

Hello, I'm looking for advice regarding my situation. I am a US citizen who's been living in the UK for the past 4 years. I am here with my fiance who is Polish, and my 6 month old son. My fiance has never been to the states, but my son holds U.S. citizenship as a result of being born in the UK to a US parent. My fiance has tried to get a b-2 visa on two separate occasions, once in the poland and then london, both times denied.

Now, I have family in the states, whom we'd like to visit together for the christmas holidays (Dec./Jan.). I've been looking at all the visa's available, and all of them are meant for those people wanting to move to the states permanently, we don't want to try for another b-2 if its just going to be denied agian. Any suggestions?

Also, does a DCF work for someone who just wants to visit the states, with their US citizen spouse and US citizen child?

[JohnR! 5,495]

Hello, I'm looking for advice regarding my situation. I am a US citizen who's been living in the UK for the past 4 years. I am here with my fiance who is Polish, and my 6 month old son. My fiance has never been to the states, but my son holds U.S. citizenship as a result of being born in the UK to a US parent. My fiance has tried to get a b-2 visa on two separate occasions, once in the poland and then london, both times denied.

Now, I have family in the states, whom we'd like to visit together for the christmas holidays (Dec./Jan.). I've been looking at all the visa's available, and all of them are meant for those people wanting to move to the states permanently, we don't want to try for another b-2 if its just going to be denied agian. Any suggestions?

Also, does a DCF work for someone who just wants to visit the states, with their US citizen spouse and US citizen child?

If apse wants to come in as a tourist the B2 is her visa. She will have to go through the interview process again and give it another try. She may have an edge because if she had plans to come and stay she could marry you and immigrate on a green card.

Good luck!

[cathy2904 97]

DCF wouldn't work because you have to show intent to re-establish domicile in the US. The main thing would be that when she goes for her B2 interview she is able to show evidence that she intends to return to the UK - lease agreement, letter from employer etc. The fact that you are living in the UK should make that easier.

[ecosse 0]

- Gegel

We are considering emigrating to the states, but that would be in two years time when she finished with her studies.

- Cathy2904

During her 2nd try towards the B2 visa, she brought a letter from her school declaring that she's a full-time student, etc., etc., along with her bank account balance in the uk, but I guess it wasn't convincing enough. The flat is leased to me so that wouldn't work either.

In addition, we are planning on getting married in Poland, as that's where the majority of our family and relatives live, it's only my parents and my sister who live in the states. If we decided on getting married in the states, it would be a rather small wedding reception. This visa process seems really fruitless.

[Holly2234 66]

The only way forward really is a B-2. She is free to try again, so maybe third time will be the charm. Do you have bills in joint names? If not, they are very easy to change. These little things could help prove that she really does have ties to the UK.

[randye80 24]

If you were married, she would be the spouse of a US Citizen who lives in the UK, and her chances of getting a tourist visa would go way up. As a single female with a USC child, it is a lot harder to show that she has sufficient ties to a foreign country and that she would not remain in the US.

I think you will have to get married first if you really want to all come to the US by Christmas.

[ecosse 0]

What about applying for a green card? If she applied for a green card, which I imagine would take several months? Can she travel to and from the states on it with me? I've heard of other people who hold green cards and with them, having this option, but it seems easier than it sounds. Anyway, our plans will be to get married here, atleast a civil marriage, wedding reception and everything else would be done in Poland. After, the civil marriage we'll apply for a another B2 visa. It's just a shame that you have to fork over the money, whether or not you get it. In our case, that will also include traveling from way up north.

Edited August 3, 2012 by ecosse

[randye80 24]

The "green card" is intended for US residency, not for visa free travel (even though many seem to use it that way -- until they get caught).

She will need to get the green card once you decide to move back to the States permanently. The process is currently taking on average 10 months.

[ecosse 0]

- randeye80

Understood. By the way, thanks to everyone for all the replies, clears things up for me a bit.

[Anh map 2,098]

*Moved from Direct Consular Filing forum to Tourist Visa forum*