B-2 Visa denied because of cohabitation

[DRVTGirl 0]

I've been living and working in the Dominican Republic for 3 years now, been in a relationship with my Dominican boyfriend for 2. We have been living together for about 7 months and it is documented, as my boyfriend needed to clear a background check with the organization I work for before we could officially move in together. I will be leaving the Dominican Republic at the beginning of June in order to go for my Master's degree.

We applied for a B-2 tourist visa with the intent that he would visit for 3 weeks in order to spend time with myself, my family and friends. We prepared multiple documents with invitation letters (as recommended by fellow co-workers who have also applied for B-2 visas for their significant others), bank statements, property documents, as well as a custody agreement he has with the mother of his son, stating that he has been given custody while she is studying for her Master's degree out of country. He has never been married and has been caring for his son on his own for 8 months, which we thought would be a positive aspect, as it shows his dedication to the raising of his son.

However, upon the interview, the documents were not even asked for and he was immediately denied the B-2 visa. The reasoning being that because he was living with me, we could only apply for a fiance visa. Though marriage is not off the table, we have no intention of getting married for some time (re: at least 2 years), as money, timing and other circumstances are not and will not be ideal.

My question is: because I am leaving and we will no longer be living together, is it worth it to reapply for the B-2 visa in a few months? Or should we just expect another denial?

[Transborderwife 4,666]

Sure, but I don't anticipate it getting any easier for him.

[Cyberfx1024 7,980]

If you apply again then more than likely you will be denied. This is a B2 visa it is automatically assumed that the person is going to immigrate to the USA unless the CO is convinced otherwise. So the CO thinks that you two will both go to the USA and get married in country.

[Boiler 45,949]

What does he do?

Children do not seem to be much of a tie, surprised me, but often they are left behind.

[Unlockable 7,315]

Not only that, Boiler, but it seems the BF has a custody agreement in place already which could possibly be used to migrate his son to the US.

OP,

He is free to reapply but expect future denials. Basically it looks like he wants to follow you to the states without waiting for a fiance or spouse visa (in the eyes of immigration).

Basically all the evidence you just described shows it would be easy for him and his son to migrate to the US.

[Mollie09 1,543]

To be clear, he wasn't denied because of cohabitation, he was denied because he doesn't have strong enough ties to the DR.

[DRVTGirl 0]

Hi all,

Thank you so much for all of your responses so far. I'd like to follow up with another question in this case and ask if anyone has any recommendations? As well, since we were told our only option is the fiance visa, if this becomes an option for us, how would him having a child affect this application?

[Boiler 45,949]

no difference

[Transborderwife 4,666]

He'd need permission to bring the child and if he did it would up your household count.