Want to bring my wife from Thailand: K-3 or immigration visa?

Getting visa for a girlfriend

• Here is a brief description of my case: I am a full-time student in Vanderbilt University (MBA program) and I have a 3-year F1 visa (I am a citizen of Ukraine). My fiancé is also a citizen of Ukraine and she is currently in Ukraine. I want to bring her with me for this academic year, but I do not know how to get her a valid visa. I guess I cannot get an F2 for her because she in not my wife, and I am not going to marry her soon. Therefore, I need someone to research all the opportunities and give me an advice on how to get her a visa in the most cost-efficient way. For example, enrolling her in a university just to get a visa might be too expensive. She does not need a work visa - I just need to get her here from September till May (or for shorter term, if September-May is impossible). Additional details: She has been to the USA twice during last two years - each time she stayed for six month. Once she had a J1 visa (worked at YMCA camp), and the second time she had a six-month internship (B1 visa) in a local medical company. During her second stay there was some discrepancy - she had a ticket back with flexible date range, and although she got a 6-month visa, a clerk in the airport put the earliest return ticket date in as a date in her I-94. Neither she nor her employer knew about this issue, so she stayed for the whole six month of the contract and realized the problem only after her return to Ukraine. However, her employer and the person who guaranteed her stay in the US can confirm that no one realized this potential problem. Also, either I or her family friend in the US can confirm that she has enough money to stay in the US for virtually any amount of time, so this should not be a problem. In addition, if the abovementioned violation is a problem, her family friend can get a letter from US congressman confirming that she is not intending to violate any immigration laws (however, this is an extreme measure). Also, we are ready to pay any additional fees (Lawer, INS etc) that may arise.

• Answer:

  Hello, pepelaz-ga! I certainly understand your desire to have your girlfriend close by while you are studying this year. I also understand your confusion over what type of Visa might work for her this time around. The many ins and outs of the Visa process are enough to make anyone's head spin!!! I thought the best approach to tackling your question would be to highlight those Visas that "might" enable your girlfriend to visit the United States while you are in college. I emphasize the word "might" since I am not an immigration lawyer or advisor. I advise you to continue consulting with a lawyer if possible to obtain a legal perspective on how the following suggestions might work. == Immigration.com is an extremely comprehensive website concerning immigration issues and Visa questions. For an overview of the many Visas applicable to specific situations, you can look at the chart on the following webpage. You can click on each Visa type for specific information: http://www.immigration.com/faq/ == Also, please refer to FAQ portion of the United States Embassy in Ukraine for excellent information about the Visa process: http://www.usemb.kiev.ua/visa_faq_eng.html Information about the Visitor's Visa is also helpful, since that might be feasible consideration: http://www.usemb.kiev.ua/visa_faq_howtoapply_eng.html == The following suggestions might be workable. Again, as I stated in my previous clarification, you will need to do some legwork to help make these options a reality! ==================================================== APPLICABLE VISAS - B-1, Visitor's Visa (B-2), and F-1 ==================================================== B-1 VISA - to be used for another internship or possibly volunteer work: ======================================================================== http://www.immigration.com/faq/bvisa.html This Visa "might" apply if your girlfriend can benefit from some type of internship or you can find her a position in a non-profit volunteer agency. You had mentioned she might be interested in perfecting her English skills. How about perfecting her English in a counseling or school setting? Is she presently employed in the Ukraine, or does she have a potential employer in mind upon her return that would be willing to give her a written letter stating the validity of her internship in the US? ** Do you have any local contacts at the University or surrounding elementary or high schools that might be willing to sponser her in an internship? How about in the counseling center of the University? **Are there any non-profit volunteer agencies in Nashville that would be amenable to sponsoring her? Refer to the Vanderbilt University Office of Community Activities: http://www.vanderbilt.edu/volact/ovaagencies.html Examples: Susan Grey School for Children http://www.vanderbilt.edu/kennedy/sgs/ http://www.vanderbilt.edu/kennedy/sgs/sgs_volunteer.html Healing Hands International http://www.hhi-aid.org/about.asp Recent shipments have gone to Ukraine. Perhaps your girlfriend could donate her time in an administrative capacity. Remember, potential sponsors are getting the benefit of her help for "free" while she is perfecting her English in a setting applicable to her job interests. What is the general US rule regarding B1- Status? ------------------------------------------------- "B-1 visa holders cannot take up work in the U.S. The general rule is that the activities of the B-1 person in the U.S. must be for the benefit of the foreign employer. As the State Department's Foreign Affairs Manual (FAM) puts it, "Engaging in business contemplated for B-1 visa classification generally entails business activities other than the performance of skilled or unskilled labor." What are the documents to be carried by B-1's? ---------------------------------------------- " B-1 visa holders should carry with them the documentation (such as a company letter) that they used to obtain the visa, in case they are asked at the port of entry about the purpose of their trip." ** Are there any other circumstances that a B-1 visitor can work?** -------------------------------------------------------------- "Certain B-1 visitors may perform work here under certain narrow circumstances. Some examples are missionaries, ***volunteer workers for non-profit entities,*** certain domestic servants whose employers are not U.S. residents, and certain airline employees, among a few others. ++++++++ VISITOR'S VISA (B-2) (with possibility of extended stay) ======================================================= Information about the Visitor's Visa from the US Embassy in Ukraine: http://www.usemb.kiev.ua/visa_faq_howtoapply_eng.html ** Do you know anyone who would be willing to sponsor your girlfriend on a Visitor's Visa? Excerpted information about the Visitor's Visa from Immigration .com http://www.immigration.com/faq/visitorsvisa.html#385 What documents should I send to sponsor for a visitor's visa? ------------------------------------------------------------- 1. Statement from your employer, on business stationary, Showing: a) Date and nature of employment. b) Salary Paid. c) Whether position is temporary or permanent. 2. Letter from the Bank, giving the following details: a) Date on which the account opened. b) Total amount deposited for the past year. c) Present balance. 3. Get I-134 notarized in your bank [$1 fee for notarization]. You can get I-134 from BCIS (INS) or your international student office. I think you can use xerox copies of this form. 4. Letter from you stating that you will take care of their expenses in USA. 5. Visitor fee $100 each (this might have changed) How can I extend a visitors visa? Which form needs to be filled? What supporting documents need to be sent along? What is the fee? ----------------------------------------------------------------------- a) I-539 (Extension of stay/change of status) b) Reason for asking for extension, proof of financial support (i.e. you have enough financial resources to take care of them), c) copy of their return tickets (to show that their stay is temporary). d) The fee is only $120 including all applicants ** Read further concerning when the dates for extension should be filed and the timeframe involved. Can the immigration officer at the port of entry (or any other BCIS (INS) officer) cancel the B1/B2 visa? If so, on what grounds? -------------------------------------------------------------------------------- "The BCIS (INS) can refuse entry (which functionally amounts to the same thing as canceling a visa). That happens mostly when the BCIS (INS) discovers something that is contrary to your declared intention in getting the B-1/B-2. Typical example: you have a fiance(e) in the U.S. BCIS (INS) discovers love letters (long, mushy ones) in your documents. Or during conversation with an BCIS (INS) officer you let slip that you are planning to get married in the U.S." "Legally, there is a bunch of grounds such as past criminal convictions, **past immigration violations, certain diseases etc. Technically called "grounds of exclusion", that can bar ones entry despite possession of a valid visa." ** This is where your girlfriends previous extension violation might surface! ** ++++++++++++++ F1 VISA Information pertaining to academic programs: =================================================== http://www.immigration.com/faq/fvisa.html (There are a lot of questions and answers, so read through any others that might apply) What financial requirements must be met to receive an F visa? ------------------------------------------------------------ "The applicant must demonstrate adequate financial support to cover him/her through the entire academic program will be available and that adequate funds are currently available for the coming academic year. Acceptable evidence may include school financial aid, personal and family funds and government assistance. Anticipated earnings from employment during school may not be used to show adequate financial resources. What are the procedures for applying for an F-1 visa ? ---------------------------------------------------- "Unlike most non-immigrant visas, it is not necessary to obtain prior clearance from the BCIS (INS). Rather, the student must obtain an I-20 A-B Certificate of Eligibility from the school where the student intends to enroll and submit together with the OF-156 Non-Immigrant Visa form and supporting documentation regarding financial resources evidencing an intent to return to the students home country to a U.S. Consulate in the students home country. After the visa is issued, the student applies at the U.S. border for admission. If the applicant is already in the U.S. in another non-immigrant status, the student applies to the BCIS (INS). How long can I stay on an F-1 visa ? ----------------------------------- "Foreign students are permitted to stay in the U.S. for the entire period of enrollment in an academic program ** plus any period of authorized practical training and a 60-day grace period to depart the U.S. ** "The whole period is normally referred to as duration of status and is noted on the I-94 as D/S. The student must complete the academic program prior to the date of expiration listed by the designated school official on the I-20AB (a form issued by the school). Do note, however, that you must carry a full time course load (except if you are in your last semester of study)." Can I pursue an F-1 visa if similar training is available in my home country? ------------------------------------------------------------------------------- "Yes. However, to pursue practical training, such training must not be available in the aliens home country. In most cases, however, BCIS (INS) does not make a big issues of it." What if I am unable to complete my program by the time indicated on my I-20AB? ------------------------------------------------------------------------------ "You must apply to your foreign student advisor for an F-1 extension within 30 days preceding the expiration of your I-20AB. You are eligible for an extension if 1) your application is timely; 2) you have maintained your status without violation; and 3) you can demonstrate that the need for an extension is due to compelling medical or academic reasons. Am I in status if I do not study during my schools summer vacation? ------------------------------------------------------------------- "Yes, if you are eligible and intend to return to school in the next term. You may take a vacation at any point after an academic year is completed, but two vacation terms may not be taken consecutively and vacation time may not be accumulated. How do I apply for F1 status? ------------------------------ Contact schools for the application materials. Each school has a Designated School Official (DSO), often referred to as the International Student Advisor, who can help you with the process, advise you if any English language proficiency tests may be needed, and so forth. The DSO fills out a form called an I-20 that indicates the expected duration of the study program, the costs, and other information. These items have to be submitted to the U.S. consulate in the F1 visa applicant's home country, if applying for the F1 visa overseas, or to BCIS (INS) if applying for a change of status to F1 while in the U.S. Is working permitted on a F1 Visa? --------------------------------- "You will be authorized to work for a specified period of time only if you are granted either Optional Practical Training or Curricular Practical Training. == Since the deadlines for Certificate Programs at local community colleges have passed, enrollment in an English Immersion program is one possibility. INTENSIVE ENGLISH LANGUAGE PROGRAMS - F1 Visa ============================================== Vanderbilt University - English Language Center http://www.usjournal.com/en/students/campuses/vanderbilt.html "Students come to Vanderbilt's English Language Center for various reasons: to prepare for academic study in a U.S. university to improve current academic performance to prepare for business and professional careers to develop conversation and social skills to learn about U.S. life and culture Cost for one term - $3200 (This cost could be cut way down if she did not live on campus) Cost for two terms - $6380 (Cost cut in half is she did not live on campus) "ELC's intensive program provides full-time English learners with 20 hours or more per week of instruction during all terms except for the shorter Summer II term, when it provides 25 hours per week. Students with I-20s (Certificates of Eligibility for F-1 visas) from the English Language Center must be enrolled full-time." http://www.usjournal.com/en/students/campuses/vanderbilt.html#elc == University of Tennessee - Knoxville http://www.outreach.utk.edu/eli/default.html A 3-Hour drive from Nashville - approximately 180 miles! Only the Spring 8-week term would be applicable since Fall term has already started. English Language Institute at the University of Tennesse, Knoxville http://www.outreach.utk.edu/eli/calendar.html 8-week intensive program - Cost $3705 ELI Terms 2003-2004 Fall I, 2003 August 20-October 14 Fall II, 2003 October 16-December 11 Spring I, 2004 January 12-March 5 Spring II, 2004 March 15-May 7 Application and Admission: http://www.outreach.utk.edu/eli/application.html "For the full-time curriculum, the English Language Institute accepts students who are at least sixteen years of age, seriously interested in learning English, and eligible for F-1 non-immigrant student status. Applicants should return the completed Application Form of this brochure with a check or money order in the amount of U.S. $50.00, a non-refundable application fee, and a financial guarantee. The ELI will then send applicants notification of their acceptance and the I-20 Certificate of Eligibility. Entering The United States: Student Visa Status: "Students should apply to the ELI early in order to receive the I-20 Certificate of Eligibility. The I-20 is required for students to obtain F-1 non-immigrant student visas before leaving their countries. Students should not enter the United States with B-2 visitor visas unless "prospective student" is indicated on the visas. Students with evidence of admissibility to an academic degree program may find their applications for student visas to be facilitated at U.S. consulates. The I-20 Certificate of Eligibility, by U.S. law, is valid for one year from the date of issue. It does, however, stipulate a specific arrival date. ** Students who cannot enter the U.S. before the specified date should request an extension by contacting the English Language Institute. There is no extra charge if the original I-20 is still valid. It is required by U.S. Immigration law that a student enroll at the institution which issues the I-20 used by the student to enter the United States. ===== Maryville College - The Center for English Language Learning http://www.maryvillecollege.edu/academics/international/cell.asp (Approximately the same 3-hour driving distance since it is right outside Knoxville) See website for costs, dates and admission. You do not have to attend Maryville after completion of the Cell program. ======== Although a temporary work visa does not really seem compatible with the time frame you have mentioned, if it is an avenue you want to consider, please refer to the following US Immigration webpage: http://www.usais.org/tempworkers.htm ======== Unfortunately, the unintentional overstay of your girlfriend's last visit to the United States might prove to be the biggest stumbling block to gaining permission for another visit. According to Immigration.com, it is clear that there is no grace period for a B1 Visa, which is the type of visa your girlfiend used for her last visit: http://www.immigration.com/faq/visitorsvisa.html#385 Q - "Please let me know if there is a "grace period" for B-1 visa." A - "No." == From "Drop-Box (Non-Interview) Application Procedure. US Embassy Ukraine: http://www.usemb.kiev.ua/visa_appointment_dropbox_eng.html The US Embassy in Ukraine also mentions the overstay violation in information for those petitioners using the the "drop-box" method. This non-interview procedure is available to holders of a "used" US Visa who are applying for the SAME TYPE OF VISA under the following circumstances: 1) the used visa must have expired within the last 12 months 2) the applicant must live in this Consular District (Ukraine) 3) no overstays, as proven by entry/exit stamps in passport 4) no visa refusals since last issuance 5) application not subject to administrative processing Since Number 3 seems to be a RED FLAG, an interview will most likely be necessary. "If it is determined that a visa may not be issued based upon the documents submitted to the cashier, a personal interview will be required. All applicants should be prepared to be interviewed on the third business day. Please note that use of the drop-box is not mandatory for those who qualify. == Would written documentation from a friend, past employer or Congressman help to explain that the overstay was a simple error unknown to your girlfriend or her employer? Will the overstay be noticed if she applies for a different type of visa altogether? The only answer is to go through the process and find out! ========== Finally, you can receive an online Immigration Consultation from the United States Immigration Service for $35. Type in your questions on the following website: http://www.usais.org/immigrationhelp.htm "Only one question per submission. Experienced immigration professionals will review your question, perform the necessary research, and respond to your question within 5 business days." == You may also obtain a higher-priced, but perhaps a more effective consultation from the law office sponsoring the Immigration.com website. Refer to the following page: http://www.immigration.com/ourservice/consult.html == I wish you the best of luck. I hope I have given you some concise and useful information. Most of all, I hope that you can find a workable Visa for your girlfriend. Unfortunately, some of the one-year academic certificate programs are no longer available because of time constraints. However, they may still be an option for next year if you and your "gal" can remain apart until then! If I can be of further help, please don't hesitate to ask. I will help if I can. However, I again recommend that you put forth these suggestions to an immigration consultant. By the way....Congratulations on your pursuit of an MBA at Vanderbilt! You should be proud! Sincerely, umiat-ga Search Strategy --------------- Ukraine AND Visa to United states Nashville AND 1 year colleges M1 Visa AND tennessee schools +english +immersion programs +tennessee +Tennessee +ESL Vanderbilt AND ELC +nashville +nonprofit +International volunteers