Ask the Consul
How can my common law spouse/significant other qualify for a visa to travel with me?
Some of the greatest disappointments encountered during the
nonimmigrant visa interview arise when U.S. and Dominican nationals learn that
their friends or spouses do not qualify to receive a visitor visa.
Although these cases can be complex, the most common legal
obstacle such applicants encounter is that they fail to demonstrate that their
visit to the United States would be only temporary in nature. To overcome
Section 214(b) of the U.S. Immigration and Nationality Act, applicants must
demonstrate that they have a residence and/or other significant ties abroad that
would compel them to leave the United States at the end of a temporary stay. The
law places this burden of proof on the applicant.
Overcoming 214(b) can be particularly difficult for
unmarried applicants (including those in common-law marriages) who do not have
strong qualifications of their own. The common-law marriage has firm rooting in
Dominican culture, and many people are surprised to find that their
qualifications (job, bank account, house) are not always considered when their
partner’s cases are adjudicated.
If this happens to you or someone you know, please keep in
mind that the consular officer is not making a value judgment about you or your
partner. Marriage, aside from being a religious or cultural institution, is
also a civil arrangement that serves to legally confirm the existence of a bona
fide relationship between two persons. In the absence of marriage, consular
officers are left with little to evaluate how serious or long-term your
commitment to remain together really is. This is not to say that your partner
will not qualify to receive a visa until you are married, but in practice it may
be more difficult for him/her to demonstrate the necessary ties on his/her own.
Some suggestions for overcoming this obstacle in future
applications can include bringing to the interview several years’ worth of
utility or telephone bills that jointly list your name and that of your partner,
legalized birth certificates of children, or any other documents that you might
have that show a solid, long-lasting relationship. In short, be prepared to
prove to the consular officer in a short period of time that a long-term bona
fide relationship between you and the applicant truly exists.
We have previously promoted the advantages of completing
applications online at
http://www.usemb.gov.do or
http://evisaforms.state.gov. We would also like to stress that the form is easy to
complete, is free, and can be done at any point up until the day of the
interview. The forms do not need to be completed by the applicant them self
(although they must be signed by the applicant), so friends or relatives can
fill out the forms for the applicant if necessary. Simply remember to bring
your computer-printed application form (including the barcode printed on the
last page of the application) with you to the Consular Section on the day of
your interview. | 
