Happy Holidays,
I'm a US citizen. My girlfriend is Italian, living in Spain, with an Italian passport. She came to USA three times this year: 1st time -2 weeks, 2nd-2 months, 3rd - 3months -- she's currently here (USA), having arrived Nov'06, leaving Jan'07. Upon arrival in Nov'06, immigration told her that when she goes to Spain in Jan'07, she won't be allowed to return to USA without some type of visa, ie., she can no longer enter USA using just her passport as previously done. Her and I want to spend more time together (preferably in USA) to see where our relationship is going. Neither of us know much about navigating immigration law, yet we're sure that many of you in the online community have been in similiar circumstances. As Jan'07 is fast approaching, we welcome your comments, experience and suggestions regarding this matter.
Thank you all.
2006-12-19 05:40:56 · 10 answers · asked by JESSE G 1 in Politics & Government ➔ Immigration
She needs to go to the U.S. embassy where she lives and apply for a visa.
2006-12-19 05:45:23 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I am in exactly the same situation!! I am British living in Spain and have visited my boyfriend 3 times and am currently in USA for 3 months returning in Jan. I was told that the border control could stop me entering or insist on a visa for the next visit. Apparently repeated visits can be construed as an attemtp to eventually overstay and be an illegal immigrant...they think you're up to something. Ridiculous but there you are. I was lucky and not advised that I needed visa for my next trip. Did she say that she was visiting her boyfriend ? I said I was visiting friends and family. If she doesn't have any written proof of this demand for a visa I shouldn't worry. Just get her to say she is visiting friends. Once in the country you CAN get married and you apply for an alien relative visa..or so I understand. Failing that you need to petition for a K1 fiance visa. Or go to Spain get married and then apply for a K3 visa. Talk to an expert ezvisa@ezvisa.us are BRILLIANT and cheap!! Good luck
2006-12-21 12:09:41 · answer #2 · answered by monarch333 1 · 0⤊ 0⤋
Sounds like she has been entering under the visa waiver program. It is set up for those short visits (less 90 days) for people to come here (or go there) once in a while and not take up residence. It is for visiting Disneyland or the Grand Canyon, or that convention on diabeates.
She has been coming often enough, and staying long enough, that CBP wants her to go ahead and get a regular visa, so they can document her ties to Spain and or Italy, and reasons for coming to the US. They want to ensure she isn't coming here to work, and will go home.
So she can apply for a "B" visa at the embassy in Madrid or Rome, as a tourist. (State Department website has forms) She can then come and go multiple times and can stay longer (6 months to a year).
She will have to show she can afford it, without working, and that she doesn't intend to remain.
You probably do not need an immigration lawyer for this. And apply for the visa online now, setting up the appointment for when she gets back.
2006-12-19 06:51:57 · answer #3 · answered by t S 4 · 1⤊ 0⤋
From the State Department website:
Twenty-seven countries -- Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom -- participate in the Visa Waiver program. It allows travelers who possess an e-passport (containing biometric data) or a valid, machine-readable passport issued before October 26 to enter the United States without obtaining a visa.
Perhaps your girl friend did get an e-passport and is therefore not able to participate in the waiver program.
2006-12-19 05:54:01 · answer #4 · answered by nyc 1 · 1⤊ 0⤋
The immigration laws pertaining to travel from Nato countries and the EU have changed due to new rules put in place after 9/11.With the new Visa requirements the Government can keep close tabs on evceryone entering the usa.your friend however stands a good chance to get her visa to come back here because during her previous visits she never over stayed her visit.There is nothing much to the process.They check your backgound more carefully and make sure she is gainfully employed.Please email her an invitation letter.you may also have to show your ability to suppoprt her stay,
2006-12-19 06:00:45 · answer #5 · answered by miraclehand2020 5 · 1⤊ 0⤋
Starting Jan. 01, 2007 rules regarding passport requirements in the US have change. If your travel plans brought you to the US in late 2006 and you maximum stay goes into 2007 the old rules apply. Coming back to the US in 2007 you will need to follow the new rules. Google the "United States State Department" to get the new rules.
2006-12-19 05:51:53 · answer #6 · answered by Anonymous · 2⤊ 0⤋
There's only so many visits allowed, that is done to give others an equal chance. Spain is a beautiful country. Getting a visa is easier said than done. Why don't you go & visit her next time instead?
2006-12-19 05:45:14 · answer #7 · answered by mstrywmn 7 · 2⤊ 0⤋
I know that some immigration laws are changing Jan. 07, and this appears to be one such area of the law.
My suggestion is that she obey the law and get the necessary visa. I hope everything works our for you and her.
2006-12-19 05:46:22 · answer #8 · answered by FrederickS 6 · 2⤊ 0⤋
She probably needs a visa, just as they told her. Talk to a lawyer. The U.S. is currently suffering from immigration hysteria -- just more smoke and mirrors used to divert public attention away from real problems.
2006-12-19 05:46:17 · answer #9 · answered by Zombie 7 · 1⤊ 0⤋
short answer get married...or a fiancee visa...you get 3 months to see if you want to marry.....student visa or she can invest a large sum of money into america.
try a fiancee visa....you will know quick when she has to go back to Italy...if she is the one for you...it's 90 days if you aren't married in 90 days she must leave.
2006-12-19 07:46:49 · answer #10 · answered by Anonymous · 1⤊ 0⤋