I was wondering, if I live in the USA (a citizen) and a european friend comes to visit me on say a 3 month tourist visa, can this visa not be extended officially, maybe indefinitely, by my signing some document which says that I would be 100% responsible for all expenses etc. of this person?
Or are things much more complicated than that?
If the friend is of the opposite sex and you marry him or her, maybe. It would depend on whether or not you could convince USCIS that this wasn’t the intention from the outset.
Otherwise, one of the conditions of entering the US on a visa waiver is that you cannot adjust your status after you arrive. So basically, it is indeed more complicated than you suggest.
Then what about making a declaration from the get-go at a US Embassy in Europe that the person is coming to live (not work) in the USA and that a means of support is assured, both room and board.
Sure it is called a K1 finance visa, you two will have to get married within 90 days and the total cost is around 1,500 USD in fees.
you two will also have to meet IN PERSON first if you haven’t already and provide proof of a relationship.
Yes. Much more complicated. Americans can only sponsor people for visas in certain highly regulated ways, and factors include the nature of your relationship and their country of origin.
I sponsored a European “friend” (really my partner, now husband) by creating a business which sponsored him for a visa. It had to be a position that could not be filled by an American. That then became his only legal option for employment in the US. I would not recommend that route, which was expensive and had the downside of forcing us to run a business together.
It is much, much more complicated than that. It’s not that easy to get permission to live in the United States.
I think you meant fiance(e) visa. That is indeed the quickest legal way to get into the United States permanently, but, yes, you have to get married within three months and a few years later you have to apply for a change of status, and show that your marriage is still legit.
My understanding is that a B2 tourist visa (which needs to be obtained before the trip) is usually 6 months. But as others said, it’s not easy to get a visa longer than that.
Well, as mentioned, the K1 visa serves that purpose for people who intend to marry, and for folks who are already married, there are the CR1/IR1 visas. Expect to have to demonstrate that this is a “real” marriage, though, not merely one contrived to procure an immigration benefit. And DOMA ensures that a same sex marriage will not be recognised for immigration purposes, even if that marriage is valid in the jurisdiction where it was solemnised.
Otherwise, it’s possible to sponsor some family members (parents, adult children and maybe some others) but there are quotas for this type of immigration and I believe waiting lists can run to several years.
If the person is just a friend? No, that isn’t going to happen, not even if you’re prepared to commit to support them entirely.
Indeed, it was a typo :).
My guess was autocorrect.
B-2 visas are usually valid for a 6-month stay, but that stay can be shorter at the discretion of the Customs and Border Protection officer who stamps your friend’s passport on arrival. But if you’re thinking of a 3-month entry period for a European, chances are you’re actually thinking of the Visa Waiver program. It’s next to impossible to extend your stay if you entered the U.S. on the Visa Waiver. (Applying for a green card based on marriage to a U.S. citizen is one, but even that has its issues - entry on the Visa Waiver assumes you intend to leave the U.S. in 90 days or less, and if you get married in less than 90 days, you may have a tough time convincing USCIS that you were telling the truth about your intent when you entered on the Visa Waiver.)
So yes, the very short answer is that it’s much more complicated than that.
Eva Luna, U.S. Immigration Paralegal
I had a discussion once with an Egyptian tour guide. He was bright, well educated, fluent in English. We discussed the situation - he had been guiding an American family for an extended visit (a week or more) when the revolution got going. Because of these circumstances, they became very good friends - the Americans invited him to come visit them in the USA if he could.
Well - if you are a single person, working contract work, and not rich (by American or Egyptian standards) - fuggedaboudit. The immigration people are paranoid (justifiably) about 3rd word visitors overstaying their visa. They want proof of roots and a return home - i.e. steady job, bank account (many Egyptians do not have a need of banks the way we do), etc. Then apparently you have to get all sorts of letters of recommendation, wait for hours at the embassy each time you go there, etc.
As to the OP scenario - IIRC, if they suspect you planned a permanent stay all along, then essentially your guest lied on their visitor visa application (where they said it was a temporary visit), which is grounds for immediate deportation and being barred from the USA. Not sure what eveidence they need, but once they haul them awaya and toss them over the border, it’s a bit late to start arguing. Once they do that, good luck even visiting again.
So, if someone arrives after applying for the three month visa or the six month visa and they then leave, let’s say they go to Canada. How long until they are permitted to apply for another 3 or 6 month visa?
They can apply anytime they want. Whether the new visa will be approved is another story, and there’s no single answer. It all depends on whether the consular officer believes they will leave the U.S. at the end of their stay, which involves showing they have something to return home to (job, property, family, etc.).
P.S. The length of the visa the person receives, and how many entries it can be used for, depends on the type of visa and the person’s nationality. It’s called “reciprocity.” Details are on the State Department’s website. It’s based largely on the terms of an analogous visa issued to a U.S. citizen.
So, what would the status of a woman be who came to the USA on a 3 month tourist visa, and got married to a citizen while she was there. Could be for a number of reasons: love at first sight, going to see a boyfriend and then they decide to get married there and then, etc.
She could apply for adjustment of status, but she may have to do some convincing of the officer who interviews her and her husband that she wasn’t committing fraud by coming to the U.S. on the tourist visa (which would imply that she intended to return to her home country) rather than applying for a fiancee visa, which takes a lot longer and is kind of a PITA. This is especially true if she got married right after arriving. 3 months is pretty fast for decision as important as getting married. And a fraud determination is the kiss of death for immigration applications.
Even with completely above-board “regular” marriages, there is a lot of paperwork, a lot of money, and a lot of calendar time involved before getting permanent residency status. Just getting married does not magically grant the prospective immigrant any right to be in the country even if his/her previous visa is expiring.