Overstay A Fiance Visa

[ngeean]

Alright! Here it is...

I lived in Thailand for nearly 8 years working for a US govt sponsored project. I returned to the states a little over a year ago and have been miserable ever since.

I secured a fiance visa for my Thai gf and now she is here. Her fiance visa will expire soon and my problem is 2 fold: 1 we need more time together to see if this will work and 2 I may be taking another job back in Thailand but will not know the status for several months (in this case we will return to Thailand together unwed).

If we let her fiance visa expire and she stay illegally in the US, what are the odds of her getting caught? There are many Thais here that came to the US on student visas and never returned to Siam and they have been her working and living illegally for years.

Does the fact that she carries a fiance visa make her easier to track and deport or is getting caught just a matter of being in the wrong place at the wrong time?

[dr_Pat_Pong]

Alright! Here it is...

I lived in Thailand for nearly 8 years working for a US govt sponsored project. I returned to the states a little over a year ago and have been miserable ever since.

I secured a fiance visa for my Thai gf and now she is here. Her fiance visa will expire soon and my problem is 2 fold: 1 we need more time together to see if this will work and 2 I may be taking another job back in Thailand but will not know the status for several months (in this case we will return to Thailand together unwed).

If we let her fiance visa expire and she stay illegally in the US, what are the odds of her getting caught? There are many Thais here that came to the US on student visas and never returned to Siam and they have been her working and living illegally for years.

Does the fact that she carries a fiance visa make her easier to track and deport or is getting caught just a matter of being in the wrong place at the wrong time?

It will be a B I G problem for her. I'd be having a chat to the authorities before you prejudice her future relationship with the US Government.

[the scouser]

Providing she keeps her nose clean I would suggest that there is little chance of her being caught. However, once she's overstayed this will seriously jeopardise her chances of getting another visa in the future. If you do intend to have a lasting relationship I would regularise her stay with the authorities.

Scouse.

[mrvietnam2001]

You aren't doing the right thing and it's guys like you who make it tough for everyone else.

Mr Vietnam

[lopburi3]

Providing she keeps her nose clean I would suggest that there is little chance of her being caught. However, once she's overstayed this will seriously jeopardise her chances of getting another visa in the future. If you do intend to have a lasting relationship I would regularise her stay with the authorities.

Scouse.

Although that may be true at this time in space would not want to take the chance. This is not a student with no known address but a sponsored visitor with direct links to an American who has provided his address and bio data and immigration would have little difficulty in finding her if they decide to do so.

[the scouser]

Although that may be true at this time in space would not want to take the chance. This is not a student with no known address but a sponsored visitor with direct links to an American who has provided his address and bio data and immigration would have little difficulty in finding her if they decide to do so.

I think the operative words in your post are, "if they decide to do so". I would suggest that the INS does not have the resources to actively seek those who overstay but will apprehend those who bring themselves to attention. Consequently, the chances of his fiancée being caught are slim unless she commits a misdemeanour.

However, I am not advocating that he allows her to overstay but, rather, pointing out the reality of the situation.

Scouse.

[IamMaiC]

You aren't doing the right thing and it's guys like you who make it tough for everyone else.

Mr Vietnam

The best post on this thread I had to wait two years because of people like you and your GF You get a fiance visa because your all lovey dovey and then you don't marry??? Last i heard you had ninety days to marry try being without her for two years as in my case My opinion let her stay and when she gets caught call me and i'll laugh at both of you when your putting her on the plane back to thailand It'll be a better laugh when my wife is on a plane to the states and she is getting off when your GF is going back HA!!!

[lopburi3]

Although that may be true at this time in space would not want to take the chance.  This is not a student with no known address but a sponsored visitor with direct links to an American who has provided his address and bio data and immigration would have little difficulty in finding her if they decide to do so.

I think the operative words in your post are, "if they decide to do so". I would suggest that the INS does not have the resources to actively seek those who overstay but will apprehend those who bring themselves to attention. Consequently, the chances of his fiancée being caught are slim unless she commits a misdemeanour.

However, I am not advocating that he allows her to overstay but, rather, pointing out the reality of the situation.

Scouse.

With the increased monitoring of travel and records put on computer it is, or so will be, a one key click process to find someone like this and well within the abilities of those involved. There has been a lot of egg on faces from past events and suspect this (overstay) is currently a priority concern. Although agree a Thai lady probably would not be in any deck of cards.

[the scouser]

Hi Lopburi3,

I agree that in the current climate more detailed records are kept. However, my point is that when you consider the number of overstayers in the USA at any one time, the INS is simply not sufficiently staffed to be able to apprehend all but a minority. Furthermore, as you alluded to in your post, I think there are more politically sensitive nationalities than Thai and it is those that would attract the attention of the authorities.

Scouse.

[IamMaiC]

Hi Lopburi3,

I agree that in the current climate more detailed records are kept. However, my point is that when you consider the number of overstayers in the USA at any one time, the INS is simply not sufficiently staffed to be able to apprehend all but a minority. Furthermore, as you alluded to in your post, I think there are more politically sensitive nationalities than Thai and it is those that would attract the attention of the authorities.

Scouse.

Yeah you are right but the threadstarter knows he is doing wrong!! and all the others that overstay are doing wrond heck even my own cousin overstayed but she ended up getting married. When we have people doing wrong and the people that do the RIGHT thing get penalized

I did the right thing applied all the forms and i had to wait two years FAIR No i don't think so and this man comes here for advice to do the Wrong Thing!!!! Stupid in my opinion Also he applied for a fiance visa and didn't take adavantage of it Now that Visa is of no use My opinion Whoever does wrong including the Sponsor of the Person from another country gets sent to the other person's country and stripped of their citizenship but of course this will never happen

To the threadstarter I hope she does get caught now only fair to the people that went through the Correct procedure

[the scouser]

Hi IamMaiC,

If you re-read my posts you will see that I have nowhere advocated that the original poster's fiancée should overstay. I have solely responded to the question that he posed:-

If we let her fiance visa expire and she stay illegally in the US, what are the odds of her getting caught?

In my view, minimal.

Scouse.

PS. Can you please try using punctuation as it makes the posts easier to decipher.

[IamMaiC]

Hi IamMaiC,

If you re-read my posts you will see that I have nowhere advocated that the original poster's fiancée should overstay. I have solely responded to the question that he posed:-

If we let her fiance visa expire and she stay illegally in the US, what are the odds of her getting caught?

In my view, minimal.

Scouse.

PS. Can you please try using punctuation as it makes the posts easier to decipher.

yeah, sure. But you guys are advising him to do the wrong thing?? correct??

He looks at "minimal" and then thinks Ohhhh Maybe I can get away with this!!!

You Know if Cubans come to the states by whatever means necessary and touch land They are aloud to Stay, Because they are coming from a Communist Country. Is That Fair, I say let them Commies Rot in their own country.

I went through mounds of paperwork and some good amount of money so far, I had to wait TWO YEARS!! The threadstarter is crying because he misses his GF. How long was he without her!!!! Let him do what I did and see if he stayed with her. I doubt it.

[taxout]

Before you stand by and watch your GF become an illegal immigrant, talk to some illegal immigrants and discover just what kind of lives they're forced to live.

And consider as well not just her risk, but yours. For you did sign this statement when you sponsored her visa:

"I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct."

[IamMaiC]

Before you stand by and watch your GF become an illegal immigrant, talk to some illegal immigrants and discover just what kind of lives they're forced to live.

And consider as well not just her risk, but yours.  For you did sign this statement when you sponsored her visa:

"I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States.  I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct."

No he never intended to marry her or he would have done so he just wanted an easy visa so she could come and stay forever IMHO that's what he wants now he's getting worried if he does go through with it will i also get into trouble he is now thinking i say deport both of them Lucky i don't know where he lives or i'd go to the authorities myself.

[the scouser]

Hi IamMaiC,

But you guys are advising him to do the wrong thing?? correct??

Not at all. I'm just giving my objective opinion to his question. Nowhere do I say that his fiancée should overstay. What the original poster chooses to make of the advice, to coin the Thai vernacular, is up to him.

If you re-read my first post in this thread I did say, inter alia:-

once she's overstayed this will seriously jeopardise her chances of getting another visa in the future. If you do intend to have a lasting relationship I would regularise her stay with the authorities.

For the record, I do agree that people who overstay adversely effect the chances of those who are genuine.

Scouse.

[IamMaiC]

Hi IamMaiC,

But you guys are advising him to do the wrong thing?? correct??

Not at all. I'm just giving my objective opinion to his question. Nowhere do I say that his fiancée should overstay. What the original poster chooses to make of the advice, to coin the Thai vernacular, is up to him.

If you re-read my first post in this thread I did say, inter alia:-

once she's overstayed this will seriously jeopardise her chances of getting another visa in the future. If you do intend to have a lasting relationship I would regularise her stay with the authorities.

For the record, I do agree that people who overstay adversely effect the chances of those who are genuine.

Scouse.

OK then I understand and i apologise for jumping the gun but i'm upset at this You see my wife and i got married in 2002 I love her dearly I have been waiting patiently I even got sick once and had to go to the hospital because at one point i was worrying so much.

My advice to the threadstarter do it the right way or don't do it at all OK 'NuffSaid

[Darth Bangkok]

I think her chances of getting caught are rather high. You do not pass thru immigration when leaving the states, but the airlines have the responsibility of checking both whether the traveler has the correct visa for where they are going and if they have overstayed in the US or not. There is a good chance that the airline will report your GF to the authorities who will then be waiting for you at your departure gate.

I would also suggest you go to the immigration authorities in the US to explain the situation. however, if will probably be hard for you to explain why you are not getting married. It won't make much sense. The fiance visa is for people who want to get married and not people who want to 'think about it' (although I am in that second category as well!! ) You would have a much better time if you were already married, and you just were asking for them to extend her permitted time to stay. Which would be different than what usually happens next, that is you apply for her permanent residence. Obviously , if you don't intend to live in the US, why would you apply for permanent residence.

The trouble is, the law makes it hard for people who are in the middle, between dating seriously and getting married. Since my GF can;t get a tourist visa, we are applying for a fiance visa as well. But we are not 100% sure we want to get married (well, she is pretty sure) or that we will settle in the US or somewhere else (I was thinking of working for my company in a third country, like Australia).

So rather, than simply visiting my family and coming back to Thailand together, we are applying for the fiance visa. This may result in her actually living and working in the US eventually. Exactly what they were afraid of her doing when they denied her a tourist visa (3 times). If she had got the tourist visa, she would have stayed with me 2 months in 2003 and 2 months in 2004 in the US and that would be that.

[neverburi]

You aren't doing the right thing and it's guys like you who make it tough for everyone else.

Mr Vietnam

"######"

[neverburi]

You aren't doing the right thing and it's guys like you who make it tough for everyone else.

Mr Vietnam

"######"

[ngeean]

Clarification for Mr. MaiNoiDoi!

I did intend to marry my fiance but you must undrstand that most Thai women (that are not bar girls) do not want to leave their country.

Our plan was to have her stay for the 90 days and then evaluate whether or not she was happy. Now that the end of the 90 days is at hand she would rather be in Thailand.

I might add that 90 days is not a sufficient amount of time for ANY expat to overcome the culture shock of living in a new culture.

You need to THINK OUT OF THE BOX...instead of jumping to conclusions like a jealous school girl!

[mrvietnam2001]

You are not a good person for what you're done and I personally hope you get nailed for fraud.

Mr Vietnam

[dr_Pat_Pong]

Hi IamMaiC,

But you guys are advising him to do the wrong thing?? correct??

Not at all. I'm just giving my objective opinion to his question. Nowhere do I say that his fiancée should overstay. What the original poster chooses to make of the advice, to coin the Thai vernacular, is up to him.

If you re-read my first post in this thread I did say, inter alia:-

once she's overstayed this will seriously jeopardise her chances of getting another visa in the future. If you do intend to have a lasting relationship I would regularise her stay with the authorities.

For the record, I do agree that people who overstay adversely effect the chances of those who are genuine.

Scouse.

In my view Scouse, you have told it exactly as it is. It sounds as if old mate doesn't know what he wants anyway.

[nautilus]

Clarification for Mr. MaiNoiDoi!

I did intend to marry my fiance but you must undrstand that most Thai women (that are not bar girls) do not want to leave their country.

Our plan was to have her stay for the 90 days and then evaluate whether or not she was happy. Now that the end of the 90 days is at hand she would rather be in Thailand.

I might add that 90 days is not a sufficient amount of time for ANY expat to overcome the culture shock of living in a new culture.

You need to THINK OUT OF THE BOX...instead of jumping to conclusions like a jealous school girl!

why did u make such a foolish plan if you know 90 days is not enough to "evaluate" your situation.

[Ken]

Clarification for Mr. MaiNoiDoi!

I did intend to marry my fiance but you must undrstand that most Thai women (that are not bar girls) do not want to leave their country.

Our plan was to have her stay for the 90 days and then evaluate whether or not she was happy. Now that the end of the 90 days is at hand she would rather be in Thailand.

I might add that 90 days is not a sufficient amount of time for ANY expat to overcome the culture shock of living in a new culture.

A little confused. You say that she would now rather be in Thailand yet you talk about her staying in the USA illegally with an expired Visa. Why won't you let her go back to Thailand instead of wondering if it would be ok to break the law.

I really do believe these kinds of situations make it so much more difficult for legitimate/honest people to get a visa at the Amercan embassy in Thailand.