My partner lives in an economically under-developed country and has applied three times for a tourist visa and keeps getting denied. What can I do to help?

There is a presumption that a person applying for a visa at the American Embassy Abroad has an immigrant intent (intent to stay on a permanent basis in the United States) and it is the foreigner’s applicant burden to overcome the presumption.

Several factors are considered at the time of approving or denying a visitor visa. The age of the applicant, his or her ties to his or her country of nationality are crucial factors that permit the American Consul to determine whether or not the person is indeed a visitor for pleasure.

The final decision rest at the hands of the American Embassy/consulate oversees and all the process of filing, processing and ruling on the application is performed by the American Embassy at the Foreigner’s country of nationality.

An American citizen or permanent resident of the United States or any other person with the right to reside and work in the United States may assist in the process of obtaining a tourist visa or visitor for pleasure acting as a sponsor.

Sponsors complete the immigration form identified as Affidavit of Support Form I-134 to show that he or she can financially support the foreign person while in the United States.

In addition to the Form I-134, an employment letter, an statement from his or her employer written on business stationary showing the date and nature of the employment, salary and whether the position is full or part time.

Pay stubs shall be furnished for a period of no less than 3 months, bank statements showing the name of the financial institution, the date when became a customer and the balance for the past three or fourth months and finally, a letter directed to the Consulate, identified as an” invitation letter”, in which the sponsor indicate his or her desire to have the foreigner to come to the United States for a short trip ( tourist purposes only) the plans for the time he or she is in the United States territory and the fact that sponsor will provide the foreigner with food and shelter and all other means for him or her to stay in the United States for the duration of  his/her stay in the United States.

The documents herein mentioned are not filled directly with the American Embassy. The sponsor must provide the processed form and the documents to the foreigner for him or her to present to the American Embassy in support to his application for a non-immigrant visitor visa.