The presumption runs against you
Every applicant for a nonimmigrant visa is presumed to be an intending immigrant until they satisfy the officer otherwise. That presumption is why refusals under section 214(b) are so common and so frustrating: no rule was broken, the applicant simply did not overcome it.
What overcomes it is evidence of ties and of a coherent, temporary purpose — employment, property, family, studies and obligations that make a return credible, together with an account of the trip that hangs together.
Dual intent, and the categories that allow it
Some categories tolerate the possibility that a temporary stay becomes permanent. H-1B and L are the clearest examples; others fall between, and a few — B visitor visas and F student visas among them — require nonimmigrant intent.
This is why people whose plans may change should think about which category they enter on, not merely which one they can get.
Where intent becomes misrepresentation
Telling an officer one thing and doing another shortly afterwards is the classic problem. Entering as a visitor and filing for a green card within a short period invites a finding that the stated purpose was false — and a wilful misrepresentation of a material fact to obtain an immigration benefit is a ground of inadmissibility that follows a person for life.
There is a great deal of misinformation about a fixed number of days that makes this safe. Intent is judged on facts, not on a calendar, and the safest course is to take advice before you act.
Questions we are asked about this
I was refused under 214(b). What now?
It is not a permanent bar, and you may reapply — but only a genuine change in circumstances or in the evidence usually changes the outcome. We look at what the officer was told and what was missing.
Can I get married while visiting on a tourist visa?
Getting married is not itself unlawful. The difficulty is what you told the officer about the purpose of your trip, and what you do afterwards. This is a fact-specific question with real consequences — ask first.
Does applying for a green card ruin my visitor visa?
It frequently affects it. Once permanent intent is on the record, later applications in categories requiring nonimmigrant intent become harder.