Clarification on Visa Expiration Date - When does she really need to leave...

[Saltheart]

In one of my other threads, the topic of Visa Expiration came up and I just wanted to clarify this as there seems to be some misunderstanding still.

Using a B2 Tourist Visa as an example..

When a RW applies for a tourist visa to the US a couple of things happen...

- If approved, they are supposed to issue the visa for the MAX DURATION possible unless there is good reason not to... for example, my RW asked for a 2 week tourist visa and was granted a 1 year visa... I have read that if she was to apply for one again, now that she has shown that she was responsible with it the first time, the second time should be even longer, 2 years, 3 years - up to 10 years I believe.  3 years should soon become the standard for first time visitors..

- It's luck of the draw, but she will be granted a one time, or 2 time, or 3 time or in many cases, an unlimited multiple entry visa that allows her to enter and leave the country as much as she wants during that period (more on this later)

- The expiration date on her visa is not the time she has to leave the country.... it is the time she has to get INTO the country...up until the last day of the expiration date.

- When she lands and the immigration officer asks questions, etc., they are supposed to grant the max allowable stay (6 months) unless they have reason/cause not to (they might just be having a bad day, it's very subjective...) --- The stamp they put into her passport is the I94 stamp and THIS is the real date she has to leave the country by....unless she files for an extension, which can last up to another 6 months if granted.  Better have a good and valid reason for the extension...

Ok - hope that clears that up....  so.... visa expiration date is the time she has to come into the country... the I94 says when she needs to leave.

Note on multiple use visa's...

In my case, my RW has been to the country several times..at a certain point, a sharp immigration person is going to say, hey... what's the deal here?  Even though technically she can come and go as she pleases, that is only true as long as the spirit of the use of the Visa is intact... and of course, with a lot of this being in the hands of the immigration representative, that's up for interpretation so they can ruin your day (and plans) really quick if they feel like it's being abused.

I read a story of a woman who had 3 children here... she came to visit one, stayed for 6 months (max allowable)... went home for a couple months, came to visit another one for 6 months...went home for 2 months....came to visit another, stayed 6 months, then filed for an additional 6 month extension, then went home for 4 months, came to see another one again and got denied.... they thought she was abusing it.  During this of course her visa expiration expired ...she filed for a new one, and got denied.... again, they feel like she had abused it, so now her only recourse was for her family who lived here to file for a more permanent status for her.... so, long and short of it is, it needs to be thought out and managed carefully.

One other note, technically, the max stay is 6 months, but what if during one calendar year she exceeds that through multiple trips...say... four, two month trips, well, thats 8 months in one year.. well, in that case, she needs to file an IRS return by the way as she is considered a tax payer haha...(if it exceeds 6 months) and second, it is possible she has inadvertently extended her stay past the 6 months and depending upon who is doing the stamping, she may get denied and or have difficulties in the future.

It's a minefield I am finding.

In our case, she will have exceeded the 6 months in one calendar year a couple months from now... we plan on filing for a K1 Visa in August...to minimize the "apart time"... when she has to leave in early December, at that point we should be about a month away from her K1 interview in Moscow... we will spend the time in Mexico for a bit (RW's can get a visa on the internet in 2 days there) and then fly into Russia for 2 weeks, visit family/friends and then do the interview... if all goes well, she comes back middle of January, then we have 90 days to get married.

That's the plan anyway....unless I monumentally screw it up... which I am more than capable of

Hope this helps someone.

-Salty

Link to more info:  http://travel.state.gov/visa/temp/info/info_1298.html#1

[viking]

One possible fly in the ointment is that you are counting on about 4-5 month lead time from filing a K1 to the interview date. I would not put that timing in stone. It can take 4-5-6 months just to get the papers to the embassy ( assuming no issues) and then another 1-2 months before you are scheduled for an interview. And assuming no issues there. If you are present with her, that will help A LOT.

[Saltheart]

Thanks Viking, yes, I was planning on something along the lines of 5 1/2 to 7 months for the actual interview.  I wasn't aware that me being there or not was part of it?  Am I even allowed in during the interview?  Thanks.

[Kuna]

Salty,

  .. but, out of curiousity -  it seems you're not intending to visit her home and meet family/friends until after filing her visa application AND having a holiday in Mexico.

While it may not be mandatory,  I would have thought the visa application would be looked on more kindly if you'd met friends and family, as a couple would in a normal relationship.

I certainly know in Australia one of the criteria for evaluating the visa is the genuine nature of the relationship, and a part of that is evidenced through things like invitations from family and friends to events,  photos and even things like birthday and Christmas cards.

Personally, I would never marry anyone if I'd not met her family and friends first because my curiousity would dictate that I know about my partners life first hand,  not through just talking about it. 

I know you'll probably meet them before you marry...  but aren't you just a little curious?  I would think her family would feel much better too if they'd met you and feel less "left out".  Family is important to me so I would also think about that.

Finally,  just going there allows you to see all the good AND bad stuff.  I would never REALLY appreciate many of the things my wife talks about without having been there and seeing it.

Your path is unconventional - which is not a bad thing... there are plenty of benefits on your path, but for me you're missing out some of the great experiences you could be having.

While you seem to be skirting the limits of visa rules maybe you're skirting some other misunderstandings in future too?

Just thinking out loud...  you're free to ignore this is you want.

[Faux Pas]

Salty,

  .. but, out of curiousity -  it seems you're not intending to visit her home and meet family/friends until after filing her visa application AND having a holiday in Mexico.

While it may not be mandatory,  I would have thought the visa application would be looked on more kindly if you'd met friends and family, as a couple would in a normal relationship.

I certainly know in Australia one of the criteria for evaluating the visa is the genuine nature of the relationship, and a part of that is evidenced through things like invitations from family and friends to events,  photos and even things like birthday and Christmas cards.

It would help but from what I remember probably not mandatory for the K-1. Maybe the differences in the US and Aus. visa requirements. All he/she has to prove is the relationship exists. For good measure I'd advise him to document her every move while in the U.S.. Be sure and keep all of her airline tickets and such to and from Russia. His situation is odd. I believe technically, she has to have returned before he can file for a K-1. Filing for one with her in the country will probably be frowned upon

[LAman]

I don't know if this matters much but who send invitation letter to girl for visa application.
 
A question arose when a girl I invited to stay with me.... had we become close enough to file a K-1, is/was there anything on K-1 pertaining to immigration finding out I was the one who helped get girl her tourist visa. That is kind of a conflict of interest and maybe a reason for denial...saying tourist visa was used to 'get to know' each other, to decide if we were to eventually file K-1 papers...just a thought

[ML]

LA you stated something like this in another thread about need for invitation letter for tourist visa.

However, there is NO NEED for an invitation letter for tourist visa.

In fact, the USA would prefer that tourists to USA be self supporting and bring all their own money from abroad to spend in USA rather than simply spending a USA person's money in USA.

And, there is specific wording indicating the dangers of a man trying to help a woman get a tourist visa to USA.

Here is a snippet from http://ukraine.usembassy.gov/business-tourist.html

B1 or B2 applicants must show that they qualify under provisions of the
Immigration and Nationality Act. The presumption in the law is that every
visitor visa applicant is an intending immigrant. Therefore, applicants
must overcome this presumption

Below is a relevant URL and a section from "Ask the Consul" at US Embassy in Kyiv.

http://ukraine.usembassy.gov/ask-the-consul.html

Q: My girlfriend and I are thinking about getting married, but I want to
take her to the U.S. to meet my family before we decide.  What kind of
visa should she get?

A.  You have two very distinct choices: a) she can apply for a tourist
visa (B1/B2) or b) she can apply for a fiance visa (K1).

If she applies for a tourist visa (B1/B2), she must qualify on her own
merits as a short-term traveler who does not intend to abandon her residence
abroad.  Depending on the applicant, the fact that a traveler is in a
relationship or engaged to a U.S. citizen may in fact indicate immigrant intent. 
Applying for a fiance visa (K1) takes longer and is more expensive, but
has a greater chance of being issued if and when the relationship is
determined to be bona fide.  We review such cases with the understanding
that many applicants attempt to use the B1/B2 visa to circumvent the
lengthier K1 visa process.

- - -

Now, I understand fully that you previously wrote (I think it was you) that you provided an  invitation letter for a gal from Moldova and she got a tourist visa to USA.  I think you and she were VERY,  VERY LUCKY.

[LAman]

Man...in short.....SHE was VERY, VERY lucky to get visa. I only sent invitation letter. As we all know, not very many girls would qualify on their own merits.
 
You did mention something in your post that I brought out in my post:
 
"Depending on the applicant, the fact that a traveler is in a
relationship or engaged to a U.S. citizen may in fact indicate immigrant intent."

[viking]

Thanks Viking, yes, I was planning on something along the lines of 5 1/2 to 7 months for the actual interview.  I wasn't aware that me being there or not was part of it?  Am I even allowed in during the interview?  Thanks.

It is HER interview and you are not allowed to participate. However, if she is asked any questions and can answer that her US fiancée is sitting right outside it goes to the strength of the relationship. Also remember that she needs to be home to receive the initial packet from the embassy, respond to it and THEN you are placed in a interview schedule that will be at least one month out.
 
I can understand your wanting to reduce the away time but in the end you will be together for many, many years. Don't try to play games now and cut corners. Most of us waited many months for our wifes to come over. If they get wind you are juggling visas, and they will, it can come back and bite you big time. Understand that even if you are legal on all counts, they can delay things for a long time just asking for explanations.

[Wayne]

The US Embassy in Moscow does not allow the USA citizen to go to the visa interview. They were taking about 3 to 4 months from the time they received the approved K-1 until the interview was scheduled.
 
If you are planning to go to Russia, better to see the relatives and friends than to go to the embassy. Better to do this when the weather is decent.

[LAman]

My friend went with his fiancee to embassy for her interview. While he cannot be in the room with her during interview, the official was well aware of him waiting outside. My friend to this day insists it was a plus....and he actually got to speak( greeting) with the official afterward.
Also, since he accompanied his fiancee to embassy, they went straight to front of line to enter embassy( 100 people waiting in line)...I don't know if that was normal or not....

[tfcrew]

The US Embassy in Moscow does not allow the USA citizen to go to the visa interview. They were taking about 3 to 4 months from the time they received the approved K-1 until the interview was scheduled.
 
If you are planning to go to Russia, better to see the relatives and friends than to go to the embassy. Better to do this when the weather is decent.

Hi Wayne...you probably meant the approved f-129 petition.
The K-1 is the visa.
The petitioner does  have to sit in the waiting room or hang out somewhere else during the Moscow US embassy interview...........

http://moscow.usembassy.gov/fiancee.html

I attended my wife's interview [in Warsaw] That was some time ago.