Ask the Consul
I am a US citizen. Can my Dominican spouse/partner still apply and qualify for a B1/ B2 tourist visa?
February 28, 2011
The short answer is "yes". However, the legal basis for a decision is still the same. The Dominican spouse must demonstrate that his/her life is rooted in the Dominican Republic. If the American spouse is living in the Dominican Republic, and can present His/her residence permit, the determination will be simpler. The issue is whether the non-American spouse is going to the United States to live and is using a tourist visa as an alternative to an immigrant visa. If the American is living here and can demonstrate that he/she intends to maintain a residence here, the Dominican partner has a much stronger case in qualifying for a tourist visa.
Evidence that can prove an intent to continue living in the Dominican Republic could be Dominican residency for the American Citizen spouse, a business and a home, children in school here, property ownership, in short, an established life in the Dominican Republic. Lack of travel back to the U.S. - or short trips - are also good evidence. One can bring different kinds of evidence but the key is to demonstrate that the American is living in the Dominican Republic and the couple only wants to a short visit the U.S. and then return to the DR to live. If you can do that, the Dominican spouse can qualify for a tourist visa.