USA 10-year B2 Visa Cancelled! Options?

[huja]

Hello, I have some general questions - any advice would be greatly appreciated! My girlfriend is Thai, and was on a 10 year B2 visa. She visited The States 4 times, over a period of 5 years. On her last visit, there was some confusion with the date of her allowed 6 month stay by 2 days. Her visa was subsequently cancelled.

She was originally granted this visa to come and visit her sister, who is married to a wealthy American man, who could very easily sponsor and provide for her. They attempted 4 times before her visa was granted. Her sister and I would both love for her to be here, and we're trying to determine the best way to go about re-applying for a new visitor visa. We have only been together about 6 months, so I'm hesitant to apply for a fiance visa.

Here are some of my questions:

* I will be visiting her in October. I am an American citizen, have a decent job (six figures), and can easily sponsor her. Should I? Or is it better for her family to be the sponsor, and keep the boyfriend out of the equation entirely?

* Will it help for me to be at the interview in person? Or is it better for her to qualify on her own?

* How negatively will a rejection effect her future attempts? If it's no big deal, I can try in October, and her family can try again in December.

* How big of a deal is this two-day overstay? Will this be a big hurdle to overcome?

* Aside from the usual documents, is there anything that could help her chances? (Apology letter from her family, as the overstay was their fault, etc)

* Is there anyone I can contact, in America, or in Thailand, who could help us, or provide more information (embassies, senators, lawyers, etc)?

Thank you all very much for any advice you can provide. She was really devastated when they cancelled her visa over a two day mistake. Hopefully we can make this right!

[Thanyaburi Mac]

A Q here: Where was she "caught" with the two-day overstay on what I presume was a six month permission of stay on her I-94 form? Did the airline check-in staff for her flight to return to Thailand catch this and then notify U.S. Immigration to check her out?

As to your Qs, see notes below:

Here are some of my questions:

* I will be visiting her in October. I am an American citizen, have a decent job (six figures), and can easily sponsor her. Should I? Or is it better for her family to be the sponsor, and keep the boyfriend out of the equation entirely?

Mac says: Sponsors for U.S. tourist visas don't really count for much at the consular interview. If anyone is mentioned, I'd think her family would be best, since her sister will be named on the application. Mentioning a boyfriend could imply that she might be planning to get married and then apply for Adjustment of Status thus beating the normal immigration queue.

* Will it help for me to be at the interview in person? Or is it better for her to qualify on her own?

Mac says: No one is allowed to accompany her to the interview, she'll be all on her own.

* How negatively will a rejection effect her future attempts? If it's no big deal, I can try in October, and her family can try again in December.

Mac says: Sure won't help! A very short cover letter explaining just what happened might be appropriate. Dumb mistake?

* How big of a deal is this two-day overstay? Will this be a big hurdle to overcome?

Mac says: see above.

* Aside from the usual documents, is there anything that could help her chances? (Apology letter from her family, as the overstay was their fault, etc)

Mac says: see above.

* Is there anyone I can contact, in America, or in Thailand, who could help us, or provide more information (embassies, senators, lawyers, etc)?

Mac says: no real advice here, sorry.

In any case, good luck.

Mac

[Whyamiandwhatamidoinghere]

Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail. If her sister wants her to live in USA why are you getting involved. Let them sort that out. The problem is she overstayed and her visa was cancelled. Most likely she will be blacklisted and you better off being a white Knight to another Thai girl. You say you have known her for only 6 months. Slow down dude... Smell the roses and listen the sounds of nature. Be content with coming to visit her. Take time to know who you are getting involved with.

[huja]

Thanks for the quick replies. From everything I've been reading, and your comments, it's best if I just stay out of it all, and she doesn't mention me in the interview.

As to your question Mac, I believe she was actually caught upon re-entry to America, on her next visit after her overstay. They apparently allowed her to enter to enter one last time, but cancelled the visa, so she cannot return for any future trips.

Thanks again for all of your help.

[Thanyaburi Mac]

"Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail."

Above doesn't make much sense, and is quite incorrect. No jail time for a sponsor.

Mac

[yankee99]

Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail. If her sister wants her to live in USA why are you getting involved. Let them sort that out. The problem is she overstayed and her visa was cancelled. Most likely she will be blacklisted and you better off being a white Knight to another Thai girl. You say you have known her for only 6 months. Slow down dude... Smell the roses and listen the sounds of nature. Be content with coming to visit her. Take time to know who you are getting involved with.

The way i understand is that sponsorship is a road to immigration to the usa. Tourist visas are not sponsored at least ive never seen this option...

Rich Americans and six figure salaries do not weigh in on approval and you will not be allowed in the interview . Her having relationships and friends in the usa are BIG negatives as its a motive for her not to return.

[GOLDBUGGY]

"Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail."

Above doesn't make much sense, and is quite incorrect. No jail time for a sponsor.

Mac

You are right about the no jail time.

The worst that can happen is 2 things.

a) You will not be allowed to sponsor anyone for a period of time, which I believe is 5 years.

You are still obligated to support this person financially no matter where they go. If they get hit by a car and end up in the hospital with no insurance, you will be held accountable.

Sponsorship is like co-signing a loan. All is fine as long as the other person follows the rules. It is when they don't you discover your mistake. So care should be taken when you sponsor anyone.

[huja]

Thanks for the info Goldbuggy.

In response to yankee, yes, you most certainly can sponsor someone's tourist visa. You have to submit an affidavit of support, your financial information, and be able to prove that the person you are sponsoring will not be a burden. http://www.immihelp.com/visitor-visa/sponsor-documents.html

I think the main thing I'm taking away from this is that I am not allowed to be part of the interview. I was under the impression that if her sponsor were there, in person, on the day of the interview, I would be in the room with her, or at least questioned separately. I've heard that sometimes you'll get Thai interviewers, that speak some English, and sometimes you'll get American interviewers, that speak some Thai. Explaining a visa overstay in a broken language might be a bit tricky. I was hoping to help with that, especially in the case of her getting an American interviewer.

I don't care who sponsor's her - myself, or her family, but her family will not be in Bangkok, and I will be. If there's any benefit from me being there in person, I can sponsor. If there's not, then her family can sponsor, and I see no reason for me to be mentioned at all.

Thanks again for the replies, they've been very helpful.

[Thanyaburi Mac]

Re the I-134, incorrect info, not for B2 Tourist Visa.

For better info, try www.visajourney.com

Or the Embassy's www page: http://bangkok.usembassy.gov/non-immigrant_visas.html

Mac

[MyFriend You]

Thanks for the quick replies. From everything I've been reading, and your comments, it's best if I just stay out of it all, and she doesn't mention me in the interview.

As to your question Mac, I believe she was actually caught upon re-entry to America, on her next visit after her overstay. They apparently allowed her to enter to enter one last time, but cancelled the visa, so she cannot return for any future trips.

Thanks again for all of your help.

Its a slippery slope, be careful this story has more holes in it than a swiss cheese. I'd stay clear.

[TimBKK]

Seems like the visa was cancelled by CBP...they saw the two day overstay when screening her at her last entry, and decided to let her in, but also cancel the visa full stop.

A bit overzealous but of course they have the right to do this. Technically, however, i dont think she would be inadmissible. If memory serves, there is some period of leeway beyond the period of time she was legally granted on the I-94 before she runs afoul immigration law. Im fairly certain of this...

With her travel history, i would be surprised if she isnt able to get a new visa. I think the consular officers might be a bit more reasoned when deciding whether or not she qualifies. Unfortunately, its now a red flag so get your ducks in a row...

See this:

"Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and its one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay."

http://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Good luck to her.

[gk10002000]

"Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail."

Above doesn't make much sense, and is quite incorrect. No jail time for a sponsor.

Mac

You are right about the no jail time.

The worst that can happen is 2 things.

a) You will not be allowed to sponsor anyone for a period of time, which I believe is 5 years.

You are still obligated to support this person financially no matter where they go. If they get hit by a car and end up in the hospital with no insurance, you will be held accountable.

Sponsorship is like co-signing a loan. All is fine as long as the other person follows the rules. It is when they don't you discover your mistake. So care should be taken when you sponsor anyone.

Does anybody have any first hand knowledge of a sponsor actually being held accountable for anything financially? I am aware of the sponsor information and some of the forms the USA asks for because a Chinese girl I was dating asked me to sponsor her Mom. I can't fault the lady for that. I am an engineer, have a job, etc. Reading the form(s) sure seemed like I was liable for a lot, so I said no. Of course the lady quickly lost interest in me. So be it. But has anybody really seen anybody been held accountable? Did you get sent bills from hospitals or whatever demanding payment? Were lawsuits filed against you? It is likely some costs might have been incurred in a different state than you lived in, so did agencies in other states sue you? Did the Immigration boys send you a bill?

Thanks

[AaronLV]

"Any American citizen can sponsor. Just go to the embassy in USA and sign. If she fails to return to Thailand you'll go to jail."

Above doesn't make much sense, and is quite incorrect. No jail time for a sponsor.

Mac

You are right about the no jail time.

The worst that can happen is 2 things.

a) You will not be allowed to sponsor anyone for a period of time, which I believe is 5 years.

You are still obligated to support this person financially no matter where they go. If they get hit by a car and end up in the hospital with no insurance, you will be held accountable.

Sponsorship is like co-signing a loan. All is fine as long as the other person follows the rules. It is when they don't you discover your mistake. So care should be taken when you sponsor anyone.

Sponsors can only be used for a Immigrant visa and is not applicable to a tourist visa. As a sponsor you are financially responsible for the person for 10 years whether you are still together or not (divorce does not end your obligation). Once they become US citizens or have worked 40 quarters you are no longer responsible. There are no time limits or rules on how many people you can sponsor as long as you meet the poverty guidelines for the number of people in your household, which would include the people you are sponsoring.

As for what you are responsible for as a sponsor:

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. (includes state and local level, example: welfare, food stamps, etc)

Hospital is not a public benefit, so you are not responsible for any debt incurred (unless you are married which then you would be).

In my research I have not heard of the government coming back and suing any individuals for repayment of government assistance, however I don't think it would be very easy to get on some of these programs as a green card holder.

[Rocketsurgeon]

Lots of dubious info on this thread.

Why bother with this one with so much baggage? A 'boyfriend' living in usa, importing her prior. Fast fwd, you looking to LT her to usa well. Sounds very dicey, its a flag to me. Two posh boys flying in gik fir a bit of fun. Too busy with work, Thailand too ghetto...just order in. Problem solved.

Yeah, I get her cx visa. She's a kept woman. Not to be harsh but what sort of woman can leave her 'job' in Thailand for months at a time? Why with no job or whatever, no kids, no responsibility cant she get her ass out of the country on time?

Pretty clear to me what she's all about.

Six months in a dedicated Internet relationship and you eant to marry her AND she has past experience of being dumped by another guy in identical situation as you prior. Genius.

[Rocketsurgeon]

PS

You cant sponsor a tourist visa

In your case, this is far better left to her and her sister on SO many levels.

She sounds like poison. Sister married to a 'wealthy American'. She comes annually on fishing expeditions?

Have you even been to Thailand? How many times have you visited her here and for how long?

Fiance visa? Seriously?

[huja]

Tmacdadi, thanks for the vote of confidence. I hope it goes well too.

As to the last few comments, I think they were a bit misinformed and a little off topic. This was not an internet relationship - we were dating together here, in America. There was no "previous boyfriend". I'm not sure where that came from.

And no, I am not considering a fiance visa. By "hesitant to apply for a fiance visa", I meant that it's too soon, and I'm not willing to do it. Maybe that wasn't as clear as I assumed it was. The sister and husband are both very good people that I trust, and have been happily married for 15 years. They bring her here to visit, travel around America, and study English as often as possible. She comes from a large family, and she is the youngest, so yes, she is a bit spoiled by her family.

I appreciate the comments, but the judgmental and negative sentiment is a little harsh. I was just asking for info regarding the best way for her to come back on a tourist visa.

Thanks again!