Visa Overstay Question

[peejay 327]

A guy I used to work with called me recently to ask my opinion to a question he had about a situation he got involved in. I was unable to answer his question adequately and told him I would post it on VJ.

My friend and his Russian wife sent a letter of invitation to a Russian woman aquaintance to get a tourist visa to visit the USA. She was successful and got the visa. It seems this woman has decided not to return to Russia and to overstay. She has decided to marry a guy in the USA and stay. The question he asked me was whether this will cause a problem in the future if they decide to invite another Russian friend or a relative of his wife in the future. Will the American embassy hold it against them in the future because they invited this woman and she violated the visa? Would they use this incident to deny anyone else they want to invite in the future? They had no idea this woman was going to do this and they are quite upset about it.

[shikarnov 7]

Assuming this acquaintance gets her Green Card (which is far from certain), then her prior infractions should have no impact upon future petitions.

[Brad and Vika 129]

I am not sure there is a database for the USCs who invite others. There may not be any cross checking, or process for that. Don't see how one problem like that could be attributed to you, but others may have more solid information. I can't speak to Russia, but the Vice Consul in Minsk does keep files, and might remember enough to look up a prior letter, or at least ask a question.

[visaveteran 1]

A guy I used to work with called me recently to ask my opinion to a question he had about a situation he got involved in. I was unable to answer his question adequately and told him I would post it on VJ.

My friend and his Russian wife sent a letter of invitation to a Russian woman aquaintance to get a tourist visa to visit the USA. She was successful and got the visa. It seems this woman has decided not to return to Russia and to overstay. She has decided to marry a guy in the USA and stay. The question he asked me was whether this will cause a problem in the future if they decide to invite another Russian friend or a relative of his wife in the future. Will the American embassy hold it against them in the future because they invited this woman and she violated the visa? Would they use this incident to deny anyone else they want to invite in the future? They had no idea this woman was going to do this and they are quite upset about it.

First off, your friend might speak with an immigration and visa attorney to see what is his liability with this matter, if any.

Personally, I'd like to see the invitation letter. Many inviters often put in assurances that the visitor will not overstay or abuse the visa requirements. If that wording is contained within the letter of invitation, then there could be legal issues if a copy of that letter is part of the visa package or DHS records. With so much government incompetence and screw-ups and misplaced files, this may never surface but who wants that hanging over their head?

I'm thinking your friend might pressure the woman to leave the country or else he'll contact Homeland Security, which might not be a bad idea. The woman may be putting them in a bad spot. If the government connects the dots that your friend invited a deliberate visa fraud, I'd say he could face some legal issues.

The question really is: "What is a US citizen's responsibility when he/she knows of visa fraud and, indeed, invited the violator here?" Only a good lawyer can really help here IMO.

[Neonred 3,562]

The same thing happened with us. We sent an invitation letter for a friend and she arrived, overstayed her tourist visa and married a guy. As she was just successful with her AOS and now has a green card I can't see how DHS or any agency can think I contributed to visa fraud.

If the woman does not adjust status and stays illegally then that could be a different issue.

[visaveteran 1]

The same thing happened with us. We sent an invitation letter for a friend and she arrived, overstayed her tourist visa and married a guy. As she was just successful with her AOS and now has a green card I can't see how DHS or any agency can think I contributed to visa fraud.

If the woman does not adjust status and stays illegally then that could be a different issue.

You're living proof it can work out...but it's controversial to come as a tourist and then get married and try to adjust status. That can be illegal as I understand it. It's a tricky dance with DHS on that circumstance. Maybe I'm wrong but that can be seen as fraud.

This kind of visa cheating to get backdoor marriage and overstays is the reason single Russian women are often turned down for tourist visas...and, in fact, any Russians, males or females.

But, again, you're proof it can seemingly work out.

[shikarnov 7]

The question really is: "What is a US citizen's responsibility when he/she knows of visa fraud and, indeed, invited the violator here?" Only a good lawyer can really help here IMO.

It's my understanding that "invitations" are generally not given a great deal of weight in the process of issuing a tourist visa. They're more like niceties that add credibility to the visitor's stated reason for being in the country. Ultimately the consulate will judge each case on its own merits and risks. So even if onee did write a letter vouching for another person, it's not a legally binding endorsement or acceptance of responsibility.

... to the best of my knowledge.

Edited May 8, 2010 by shikarnov

[Brad and Vika 129]

This kind of visa cheating to get backdoor marriage and overstays is the reason single Russian women are often turned down for tourist visas...and, in fact, any Russians, males or females.

But, again, you're proof it can seemingly work out.

I think it is tied to the intent of the visa recipient. Based only on what I have read here, if you intended to come to America as a tourist, to work, etc. and meet some one - you are fine. The trouble seems to be with the facts and circumstances. If I were the case officer, I would have a tough time believing that any one fell in love and developed a legitimate relationship leading to marriage during the span of a vacation - but it apparently happens.

You are right about Eastern Europeans having to beat a presumption that they intend to stay. Vice Consul in Minsk actually said as much to me - in addition to the already existing presumption that all visa recipients intend to immigrate, there is a presumption that Eastern Europeans will illegally overstay. I think the number he gave me was that 80% of the females under thirty who travel from Belarus to America on any kind of visa do not return. I would love to see stats on that for Ukraine and Russia.

[Brad and Vika 129]

It's my understanding that "invitations" are generally not given a great deal of weight in the process of issuing a tourist visa. They're more like niceties that add credibility to the visitor's stated reason for being in the country. Ultimately the consulate will judge each case on its own merits and risks. So even if onee did write a letter vouching for another person, it's not a legally binding endorsement or acceptance of responsibility.

... to the best of my knowledge.

That makes sense unless there is an ongoing, documented pattern of sponsorship leading to overstays. I don't know how many it would take to put you on the radar though.

[slim 1,525]

To be quite technical, the "invitation" is not what dictates whether a visitor gets a visa or not. A tourist visa is issued to a visitor so they can visit the US for a specific reason. Sure, when you "invite" someone here you "sponsor" them over and assure that you'll cover expenses, provide them amenities, etc., but the sponsor doesn't actually sponsor their visitor the same way we do when we petition for a beneficiary via K visas. A visitor is not a beneficiary and as such, the party making the "invitation" is not responsible for them the way they would be on a different type of visa.

You don't actually "sponsor" someone for a tourist visa. So, whether they invited the woman or not, the woman came here on her own accord and is responsible for her own actions. As others have said, there may or may not be a database in Moscow of "invitation requests" for visitor visas and even if there is, it's highly unlikely that one instance such as this would preclude them from "sponsoring" another guest.

As to the woman's actions being illegal... There's a fine line between true love and outright visa fraud! As long as she came over here with the intention to visit and go home, there's no fraud. If she just happened to come here, find a fat old bald rich guy and an offer to stay indefinitely, no problemo. But, if she'd coordinated this trip with him for several months (two weeks... it's true love!) prior to obtaining the visa, then there may be a problem. Either way, the burden of proof is on USCIS to prove visa fraud once she's here and married. Remember, marriage entitles them to stay indefinitely, regardless of visa status. (They can't leave the US and may have trouble adjusting status... but, they can stay forever if they're so inclined. That is the law.)

[Brother Hesekiel 2,236]

Remember, marriage entitles them to stay indefinitely, regardless of visa status. (They can't leave the US and may have trouble adjusting status... but, they can stay forever if they're so inclined. That is the law.)

Almost true. Just for information purposes, ya'll should read the new post from Kathrin where a US Army officer, married for years to a woman who came legally to the US on a crewman visa (!), cannot adjust any way. She would have to go home and sit out the 10-year ban.

[Brad and Vika 129]

Almost true. Just for information purposes, ya'll should read the new post from Kathrin where a US Army officer, married for years to a woman who came legally to the US on a crewman visa (!), cannot adjust any way. She would have to go home and sit out the 10-year ban.

Is there a link Bob? That would be helpful for all the posters we get here suggesting that being out of status isn't a big deal (assuming that is the case here).

[baron555 934]

To be quite technical, the "invitation" is not what dictates whether a visitor gets a visa or not. A tourist visa is issued to a visitor so they can visit the US for a specific reason. Sure, when you "invite" someone here you "sponsor" them over and assure that you'll cover expenses, provide them amenities, etc., but the sponsor doesn't actually sponsor their visitor the same way we do when we petition for a beneficiary via K visas. A visitor is not a beneficiary and as such, the party making the "invitation" is not responsible for them the way they would be on a different type of visa.

You don't actually "sponsor" someone for a tourist visa. So, whether they invited the woman or not, the woman came here on her own accord and is responsible for her own actions. As others have said, there may or may not be a database in Moscow of "invitation requests" for visitor visas and even if there is, it's highly unlikely that one instance such as this would preclude them from "sponsoring" another guest.

As to the woman's actions being illegal... There's a fine line between true love and outright visa fraud! As long as she came over here with the intention to visit and go home, there's no fraud. If she just happened to come here, find a fat old bald rich guy and an offer to stay indefinitely, no problemo. But, if she'd coordinated this trip with him for several months (two weeks... it's true love!) prior to obtaining the visa, then there may be a problem. Either way, the burden of proof is on USCIS to prove visa fraud once she's here and married. Remember, marriage entitles them to stay indefinitely, regardless of visa status. (They can't leave the US and may have trouble adjusting status... but, they can stay forever if they're so inclined. That is the law.)

You folks ARE ASSUMING that he paid for her expenses while here......maybe she paid him. How much?

Sri, bad joke. You are not liable for her actions.

[milimelo 4,479]

Almost true. Just for information purposes, ya'll should read the new post from Kathrin where a US Army officer, married for years to a woman who came legally to the US on a crewman visa (!), cannot adjust any way. She would have to go home and sit out the 10-year ban.

Crewman visa can't adjust status from the US - they have to go back to home country and get a visa from there. Says so in INA - you should read up on it. Instead of whining about it and having her overstay, he should've initiated everything on time, sent her home to Philippines to get the visa and return as an immigrant. I'm sure plenty of lawyers told him that's the way to do it.

http://www.nytimes.com/2010/05/08/us/08soldier.html