Fiance/Tourist visa Reapplication

My brother tried the same thing, but it didnt work. They told her she would have to get a K-1 visa.

Hello Vincent,

The answer to your question is: you are responsible for her welfare for two years from the date of her entry into the US. How you will be responsible is simple. You will have given them account numbers of your liquid assets, addresses of your real estate holdings and the name of your business ownership. All this information and your notarized promise on the affidavit of support and the DOJ has all it needs to seize your property in the event they have to keep you to your word.

Understand??

Irv

Don't get me wrong. I agree with being financially responsible for someone you petition the government to bring here (within limits of course). I was unsure though of how they determine the bill they sent you.

I don't doubt there ability to collect!!!

Thanks

When you sponsor any immigrant these days you have to sign an I-864. That document specifically states that "a sponsor's obligation continues until the sponsored immigrant becomes a US Citizen, is credited with 40 qualifying quarters of work, departs the US permanently or dies."

I don't know where the 2 year guarantee number came from. This is a 10 year guarantee IF your sponsored immigrant works for all those ten years.

It should be noted that you are liable to reimburse the government for welfare benefits, so it is not like that is a ton of money (you are far more likely to be forced by a divorce court to pay more in alimony or child support).

Secondly, I totally disagree that having applied for a tourist visa has no impact on the K-1 visa. They may tell you that, but that is utter nonesense. The consulate is very careful about visa fraud since the DR has one of the highest rates in the world. If you have already been denied a tourist visa they put your application under extra scrutiny (more then even the incredible amount they normally do) since they will make an assumption that the person was denied one visa and is trying to get another one as a result. They will question their motives and stall as much as they can in issuing the visa.

Unlike the US where you are innocent until proven guilty, in the immigration process you are guilty until you can prove yourself innocent.

BTW- if you want to see a copy of the I-864, you can download it from here:

http://www.ins.usdoj.gov/forms/download/i-864.htm

Amen, brother! (smile) you are right 100%. The one thing I wonder though, is if they come after you for the welfare bill, we know that 30 cents out of every dollar that goes into welfare gets to the recipient. Do you get billed for the amount disbursed, or the whole amount required by the system?

I also agree with being financially responsible for anyone I bring to the US. The only thing that is the least bit scary is that if your foreign spouse leaves you after 2 years, she (or he) can stay around indefinitely, and maybe go and sign up for benefits just to spite you and make like trouble for you. As far as I can tell, you don't have any recourse. After 2 years, they are not required to be married to you to stay in the country.

And yes, the US gov. WILL try to think that you are running a scam on them if you got denied for one visa and came back for another type. I think its rotten, but they do have some (though not complete) justification.

Greg

You make soem good points.

I do have a question: When a certain US Senator inquired on behalf of a friend of mine, he was told that the INS puts little faith in these "Guarantees" as they are near impossible to enforce. If they were an accceptable form of guaranteee, many people would not have the visa problems they do.

No disrespect meant to anyone here, but does anyone know of one of these guarantess actually being enforced agains a US sponsor? I ask this in all honesty as INS claims they don't put any weight into the forms as they don't enforce them

Thanks

Tom

My undertanding, and I read this in INS lit somewhere, I dont remember, is that because the states administer welfare and some other programs, the feds pass this information through to them, with whatever legal authority to do something. It could very well be that the forms are more to scare you, and it wouldnt surprise me if there were very little enforcement. Its one of those things that the Justice department can decide to enforce one day in the future. Its like the gun laws, they are more interested in having the laws on the books than enforcing them.

It would probably vary state to state, if this is true, as to how dilligently the states pursue I-864 signatories. I have never heard of any actions, so I dont know one way or another.

This information can be totally inaccurate, I am going by memory, and I saw this somewhere on a government site on line.

>>>>>. I have never heard of any actions, so I dont know one way or another.

I guess that goes to my original question: if these "guarantees" were enforceable, or enforced, what would be the reasoning for denying 90+% of Dominican visas?

Tom

for Santo Domingo Consulate 1998: Out of 51917 immigrant visa cases, 12553 approved, or 24% Out of 95466 visitor visa cases, 61504 approved, or 64%

Source, US Santo Domingo Consular news Vol. 1, Issue 2 CY1999

Lren

Convince ANYONE on this board that 6 out of 10 visitor visas to the US are approved

Tom