Tourist Visa To Us For My Girlfriend

[qsxd]

Hello, I'm 32 years old naturalized Korean American citizen. I met my girlfriend while I was in Thailand last November. After spending time with her for about 2 months, I came back to USA. Now, we want to get together and the best way would be getting her US tourist VISA. She will have the VISA interview in about 2 weeks.

Here is the description of my girlfriend.

- is 25 years Burmese (Myanmar)

- owns mobile phone in her name (valued ~4K, it's very expensive in Myanmar)

- owns land and condo in her name (valued ~20K+)

- owns a car in her name (valued 35k+)

- owns a beauty salon in her name (Her family owns various small businesses)

- has been issued a few Japan VISA and has spent alot time in outside of her country but never overstayed.

- I'm sponsoring her trip (I-134)

I have sent her

- notorized I-134, verification of my employment, bank statements, W2s, pay stubs, invitation letter to my girlfirend, letter to the US embassy (via fax, do I need to send her the origial copies?)

Her VISA application will include the proof of her ownerships I listed the above and the stuff I sent to her.

So far, looks like she has all basic requirements but my biggest concern is the fact that she is visiting her boyfriend.

My questions are

1. In the letter to US embassy, I want to assure that we will not marry while she is in USA with tourist VISA because it would be considered as VISA fraud. If one day we decide to marry, I'll invite her via fiance VISA.

Does consular official actually read the sponsor's letter to US embassy at all? Would it better my girl friend to explain the consular official why we won't marry while she is in US with tourist VISA as I described the above? I want this message is clearly delivered to the consular official.

2. Length of stay. It can be anywhere between 3 months to 6 months. Do consular officials like to hear the exact length she want to stay instead of vague answer like a few months?

3. Anything else that we should add to her application?

Thanks in advance for your advice.

[lopburi3]

What currency are you using? The handset cost 4,000 USD I suspect but most people would assume the use of Baht when in Thailand.

A 3 to 6 months visit does not say much for her need to return to Thailand (or wherever) for business and you can not guarantee anything about marriage because there is no legal way to enforce it. But yes, believe they would like to see a detailed itinerary.

Japan visas may help but I don't really see any reason for her to return - but hopefully she can win them over.

[qsxd]

What currency are you using? The handset cost 4,000 USD I suspect but most people would assume the use of Baht when in Thailand.

A 3 to 6 months visit does not say much for her need to return to Thailand (or wherever) for business and you can not guarantee anything about marriage because there is no legal way to enforce it. But yes, believe they would like to see a detailed itinerary.

Japan visas may help but I don't really see any reason for her to return - but hopefully she can win them over.

loburi, thanks for your opinion.

However, could you explain why you think she wouldn't return to her country? If you explain the reason you think she wouldn't return with more details, it would be helpful for us to prepare better application and interview.

I think there are 2 cases that people think she wouldn't return.

1. Getting marry while she is in USA with tourist VISA

- I already explained that we well understand the possible consequence getting marriage while she is in USA with tourist VISA. This is considered as VISA fraud. If we get married and try to change her VISA status, she can be deported and permanently barred from entering USA. Why would we take such risk when I can legally invite her via Fiance Visa?

2. Stay in USA for work

- If she is looking for a work in the first world country, she can easily obtain Japan VISA and legally work there. She can speak Japanese pretty well and the average salary in Japan is higher than USA. So why would she want to work in USA as an illegal immigrant instead of working in Japan if her primary interest is finding a higher pay job?

Plus, she owns over 70K of properties in her name. This may not alot of money but not small asset even in America USA. How many people would abandon this kind money to become an illegal immigrant in USA?

If my argument is not strong enough, please explain me with more details why you think she would not return to her country after visiting USA. If I can't convince you, I don't think I'll be able to convince consular official either.

BTW, She lives in Myanmar, not Thailand. Myanmar is located right next to Thailand. In Myanmar, a celluar phone sim card costs over 3K. I heard less than 2% people owns celluar phone in Myanmar.

Thanks.

[lopburi3]

I do know where Burma is. But again you provided sums with no mention of currency.

AFAIK marriage on a tourist visa is still legal and you are still able to apply for a change of status after the fact. Believe the UK has disallowed this but was not aware the US has. If indeed this has changed would be interested in a link to the laws and expect the chance for approval would greatly increase.

As for the land/business the fact she can leave for six months shows she has no need to return to run it. Other property can be sold or become family property.

Again I am concerned that a female visiting for a vacation with a male suitor is not likely to return and that this is an attempt to circumvent the fiancee visa requirements/delay. Now if you can cite a recent change in the law my view my change also.

I should add that I am not the one making the decision and believe every effort is currently being made to approve those where the doubt is not too great - so she may have smooth sailing.

[qsxd]

I do know where Burma is. But again you provided sums with no mention of currency.

AFAIK marriage on a tourist visa is still legal and you are still able to apply for a change of status after the fact. Believe the UK has disallowed this but was not aware the US has. If indeed this has changed would be interested in a link to the laws and expect the chance for approval would greatly increase.

As for the land/business the fact she can leave for six months shows she has no need to return to run it. Other property can be sold or become family property.

Again I am concerned that a female visiting for a vacation with a male suitor is not likely to return and that this is an attempt to circumvent the fiancee visa requirements/delay. Now if you can cite a recent change in the law my view my change also.

I should add that I am not the one making the decision and believe every effort is currently being made to approve those where the doubt is not too great - so she may have smooth sailing.

Thanks for quick reply. Sorry, it was my fault that I didn't state the currency. I'll correct it.

Even though you are not the one who makes the decision, your opinion is very valuable to me. I want to make sure that our documents clearly show our true intention for this application.

About VISA fraud I mentioned, here is a source. Similar comment can be found in many other websites.

============================================

http://www.siam-legal.com/usvisak1.html

Can I apply for my Fiance (e) to visit U.S. on a tourist visa and remain in the U.S?

The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancé(e)'s sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiance(e) enters the U.S. as a tourist, without disclosing that they are your fiance(e) and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

============================================

When we apply tourist VISA, we are not hiding the fact that she is visiting me as her boyfriend. In I-134 form, I sworn I'll sponsor her trip as her boyfriend and make sure she will leave the country before her VISA expires.

With all proper document signed, I want to clearly deliver message to consular officials that we know the possible consequence of marriage while my girlfriend is in USA with tourist VISA. Therefore, there is absolutely no reason for us to take such risk.

This is very sad that it requires so much effort to make everything right. Just like most couples, our true intention is just staying together for a few months and then decide our future. Worst of all, there is no way to guarantee the VISA even with all this effort. This is one of most stressful time in my life.

Thanks.

[lopburi3]

Unfortunately a legal firm in Thailand is not the US Government. The fact is that people do get married on tourist visas and then apply for a change of status bypassing the normal vetting procedure of a fiancee visa so applications for tourist visa are suspect when there is romance involved. I know how much anxiety you must feel and do not want to add to it. But you should be prepared for the coin toss to fall either way. She obviously has a high status to have a passport and free travel so that will probably be a plus.

If this does not work out you still have the fiancee visa application later as a possibility.

[BKK90210]

I think I just came up with something here

Let’s see if I am the visa official….

The Facts: Hmm…. she’s is 25 yrs old…have asset of 70K (assumed US dollar)…owns land, house, condo, car, the successful beauty salon, and …oh – and don’t forget that expensive 4k cellphone! Yike!

I’m thinking, with reasons: How a single 25 yrs young female can have so much, and own 4K! cellphone too – in which only 2% of the population can have them ….she must be that top 2%....Hmm…very..who is she anyway….either she is from a very rich family, like a member of royal family, or a member of high ranking official. The money doesn’t come easily in the country like Myanma, the regular people can not become that rich…unless she’s Chinese and her family emigrated from china. And how can she leave her successful business for...not sure yet…but she thinks will be around 3-6 months…with someone who she barely knew and just met since November? How can she leave every things and all that behind and for so long?

(I also own a business and in order to have a sucessfull business you can not be absent for not sure amount of time!...3 weeks maybe!... I'm sorry I don't buy it)

My conclusion: She’s planning for AXILE!...and the rest of her family will soon follow too!

Tell me…Am I too smart or just plain crazy?

Edited January 30, 2006 by BKK90210

[qsxd]

Well, BKK90210, when young people owns so much stuff, usually it's bought by their parents. This is true in most countries including America.

Isn't it a common sense?

She was able to travel many countries in the world not because she made successful business by herself but because she is lucky enough have well-being family.

Usually, kids from upper class family are abel to travel around world in early 20s. When I was in college, I had so many friends from Korea who stayed in USA with student VISA. Yes, some of them owns $50K cars and alot of stuff but none of them want to stay in USA illegally and none of their family want to move to USA.

Usually rich family has no intention to immigrate to other countries and start all over again. If consolar officials don't know about this, no one in the 3rd world country can obtain any kind US visa.

[BKK90210]

Well, BKK90210, when young people owns so much stuff, usually it's bought by their parents. This is true in most countries including America.

Isn't it a common sense?

She was able to travel many countries in the world not because she made successful business by herself but because she is lucky enough have well-being family.

Usually, kids from upper class family are abel to travel around world in early 20s. When I was in college, I had so many friends from Korea who stayed in USA with student VISA. Yes, some of them owns $50K cars and alot of stuff but none of them want to stay in USA illegally and none of their family want to move to USA.

Usually rich family has no intention to immigrate to other countries and start all over again. If consolar officials don't know about this, no one in the 3rd world country can obtain any kind US visa.

No, I’m not talking about the regular upper class. If she’s from the regular upper-class family, then it just fine. I’m sure she will have a bigger chance to get the visa. But due to the current political instability in Myanma…one has to wonder if she is a member of the royal family or a member of some high ranking official who family is trying to get out of the country!....AXILE!

As for as I know Japan doesn’t have a political asylums law but USA does

Just my thought

[qsxd]

BTW, I feel like this thread is heading to wrong direction.

My original intention was getting some advice how to prepare better application and interview. Not some random reasons why she will be rejected.

If giving some random rejection reasons and advice me how to prepare for that, that would be very helpful.

However, I don't see much value from providing some random rejections reasons without giving any advice.

In fact, there is no perfect candidate for USA tourist VISA. Anybody can make up hundreds reasons why one will not return one's country after visiting USA.

Again, what I wanted to hear was how to prepare better application and interview.

When I searched this forum, I found stories of girls who got USA tourist VISA even though they own almost nothing. I also found some stories of girls who got rejected USA tourist VISA even though they seem perfect candidates.

The difference would be mainly from consular officials. However, I personally believe that preparation of applications and interviews do make a huge difference.

So I just want to minimize rejection factors from application, supporting documents, and interview which I have control over.

Thanks.

Edited January 30, 2006 by qsxd

[Smokin Joe]

- I'm sponsoring her trip (I-134)

I have sent her

- notorized I-134, verification of my employment, bank statements, W2s, pay stubs, invitation letter to my girlfirend, letter to the US embassy (via fax, do I need to send her the origial copies?)

Not sure why it wasn't mentioned earlier but you can not "sponsor" her for a tourist visa and should not submit inappropriate (I-134) forms that are for different type visas. She is supposed to qualify on her own.

Of course in reality the embassy folks will accept the fact that you may be paying for the trip and all expenses etc. so I would submit your financial info for them to examine but don't give them the I-134.

Good luck.

P.S. I wonder what an AXILE is?

[BKK90210]

P.S. I wonder what an AXILE is?

Duhh me...should have check my spelling first..meant to type...EXILE!

Thanks for patrolling this area

[qsxd]

Thanks for concern, Smoking Joe.

Here is the link that shows the use of I-134.

http://www.visapro.com/US-Immigration/I134...-of-Support.asp

========================

Affidavit of Support - I-134 is Suitable For:

Foreign nationals entering the U.S. as dependents of nonimmigrant visa holders

Foreign nationals visiting the U.S. on a B-2 tourist visa sponsored by relatives or friends in the U.S.

==========================

There are many other sites that shows similar information.

I like this form since I sworn that I gurantee the person I'm sponsoring will maintain non-immigrant status.

http://uscis.gov/graphics/formsfee/forms/files/i-134.pdf

See item #5.

I hope this form gives a little comfort to the consular official.

Thanks.

Edited January 30, 2006 by qsxd

[Smokin Joe]

Your first link is a commercial service with no US Government connection and has questionable credibility IMHO.

If you follow the official instructions for "Tourist" visas there is no use of this form I believe.

Hopefully in either case it would not hurt you, merely be unnecessary.

Sounds like she has a pretty strong case anyway.

[qsxd]

Smoking_Joe, you are right that non of offical sites (travel.state.gov or uscis) clearly define the use of I-134 form.

However, Here is the use of Affidavit of Support that is explained in the official site.

http://travel.state.gov/visa/frvi/glossary...idavitofsupport

=======================================

Affidavit of Support: A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support. Go to our I-864 information to learn more.

=======================================

According to this definition, I don't see any reason why it can not be used for my girlfriend or friend. "an applicant" can be a tourist visa applicant, isn't it?

If you search google with "134 tourist VISA", you will find that hundred sites, including immigration attorny sites, state that I-134 can be used for tourist VISA.

Thanks.

[lopburi3]

Rule one (and the only rule) the applicant must qualify on there own.

[qsxd]

Found an official US consulate site that mentions about I-134 Affidavit of Support when applying tourist VISA (B2). It's not required but it is used when an applicant has a sponsor.

http://mumbai.usconsulate.gov/tourist_visas.html

Lopburi, I see your point but I don't think your statement is 100% true. Many tourist VISA applicants are not financially qualify for tourist VISA but they can get the VISA if they have sponsors.

Especially in this forum, it seems most couples work together to obtain their partners' VISA.

[lopburi3]

With a sponsor they can get a visa for medical or education type travel and probably family type visits. Not for tourist travel.

[britainmal]

If she is looking for a work in the first world country, she can easily obtain Japan VISA and legally work there. She can speak Japanese pretty well and the average salary in Japan is higher than USA. So why would she want to work in USA as an illegal immigrant instead of working in Japan if her primary interest is finding a higher pay job?

The salary is not really higher than the USA because Japan's cost of living is much higher than in the US. You take that into consideration. If she is that rich, she will not have any problem getting the visa.

Also, don't forget in the US ,she can get citizenship, but in Japan she can never even if she speaks Japanese similar to Korea.

[justwilliam]

I hate to be cynical, but when dealing with the US Embassy in Bangkok, it's just a crapshoot. My (then) ladyfriend was rejected four times in 1998 for a tourist visa to the US. She was in her late forties, had two children and four grandchildren in Thailand, owned her own house, was a 50/50 partner with her brother in a legitimate, legally incorporated small retail business, was taking care of her aged mother, and was only planning to visit the US for three weeks. Yet they considered her too much of a risk (of staying permanently and illegally).

The Embassy also informed me in no uncertain terms (and not pleasantly) that I was unable to "sponsor" her in any way.

She is now my wife and her green card was issued in California in 2001.

Good luck with your quest.