HELP!!! Crazy relative won't sponsor niece out of spite!! What are options???!!!!

Peter (Moderator) says on Jun 24, 2007, 07:39:

Talk to the relative? Get someone else to sponsor her? If she doesn't want to sponsor them, there doesn't seem much you can do about it..

Poor but snappy

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rona says on Jun 24, 2007, 07:48:

There are a lot of people who do want to sponsor her.

We are just not sure how to go about it because the initial paperwork was done with my mom as the sponsor. Now that she doesn't want to sign the additional documents required, how is that going to look?

Should we just start from square one?

Can there be a change of sponsor in the middle of the process? - provided that there is a full explanation of course.

Its a delicate matter because we don't want all this effort to go for naught.

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Besorob says on Jun 24, 2007, 07:58:

In the first place, she is on a tourist visa, and should not be taking classes. A tourist visa is not for that purpose. This is why Colombians have such a hard time getting a tourist visa in the first place (like my girlfriend), because so many people abuse the tourist visa.

Besorob

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rona says on Jun 24, 2007, 08:22:

Besorob - Are you 100% sure of that?

In your statement you say "should not" not "can not"

She is taking classes because of my friend's help as an administrator at a local college and
he helped guide her through the processing and paperwork to permit her to take grad-courses there.

I doubt he would risk his job in that way.

If yours is the case, then we were all unaware and this turns into an entirely different matter.

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Tinto (Moderator) says on Jun 24, 2007, 08:43:

She should read up on this. It's all online at the government websites. There are special visas for people attending long-term classes, i.e. grad school, and a tourist visa good for a six month entry isn't one of them.



The woman really needs to learn the rules and start following them. If she lies on her student visa application about attending grad school, she may get caught. And if she overstays her tourist visa and then eventually returns to Colombia, she's probably not coming back to the U.S. for ten years.

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miamimike says on Jun 24, 2007, 09:18:

Rona: On this below State Dept Website it is very clear and it essentially says exactly what Tinto, Besorob just wrote.It does not have options as to how you may change your Visa from one purpose to another(legally), only how to extend your stay by an extension.It appears from the Info contained in the below Link(state dept page) below she is Violating the terms of the Visitor visa.
http://travel.state.gov/visa/temp/types/types_1262.html

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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miamimike says on Jun 24, 2007, 09:22:

State Dept: Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The visa allows a foreign citizen, to travel to the United States port-of entry and request permission of the U.S. immigration inspector to enter the U.S. The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2). As examples, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, then a vistor visa (B-2) would be the appropriate type of visa for your travel. As additional examples, if the purpose for your planned travel is to consult with business associates, travel for a scientific,****** educational,******** professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business (B-1) visitor visa would be the appropriate type of visa for your travel. Apply for this Visa before you leave your country of Origin. After reviewing this website information, should you need additional information about business related (B-1) visitor visas, select Business Visa Center .

Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they relate to our national security. Visa applications are now subject to a greater degree of scrutiny than in the past. So it is important to apply for your visa well in advance of your travel departure date. Select Getting Your Visitors Visa – Information You Need to Know to learn more.
Foreign travelers who are citizens from certain eligible countries, may also be able to visit the U.S. without a visa on the Visa Waiver Program. Review the information below about Visa Waiver.
Persons planning to travel to the U.S. for a different purpose such as students, temporary workers, crewmen, journalists, etc., must apply for a different visa in the appropriate category.

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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rona says on Jun 24, 2007, 19:49:

Thanks guys - I see we have bigger issues here. I'll have to get the details on her status at school and make a follow-up post tomorrow - I pray that there is an explanation to all this. Thanks again.

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scotty says on Jun 25, 2007, 04:03:

rona, first I'd talk with the stuburn relative and see if you can't get her/him to come around to your way of thinking.
If that doesnt work maybe there is another relative that can help
If that doesnt work you may have to start all over at the beginning and design a new plan.
also you may want to talk to a immigration attorney and see what they have to say.There is a lawyer named Gary Bala that knows the immigration/visa laws very well, maybe he can help you im not sure but i think his website is www.VISA-Attorney.com
good luck!

Get Rhythm, when you got the blues. Johnny Cash

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miamimike says on Jun 25, 2007, 09:26:

Scotty-what new plan is there to come up with or "Come around to your way of thinking" ???? It(above page from the State Dept) says when you come on a Tourist Visa you cannot later change it to a student visa. Furthermore, it clearly states a student visa application has to be iniated from the applicant's country of origen,,,They(our state dept) does just that to prevent holder's of tourist Visas to prolong their stay here in the USA without first going home to apply for the new Visa(category),,,The Law is clear on this.

"Wait a minute. What did you just say? You're predicting $4-a-gallon gas? That's interesting. I hadn't heard that." -- Feb. 28, 2008 --George W. Bush, Washington, D.C.

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aztec says on Jun 28, 2007, 09:08:

My wife and I have recently completed the I-864 for her brother who is a MD. One of the requirements placed upon us is that we are responsible for his total welfare while he is in the United States. We have in effect signed a contract with the US government which provides severe penalty for us if conditions are not met. This contract I-864 even allows the applicant(brother) to sue both of us if not honored!

Compare this with what the current congress is proposing! Makes more sense for him to fly into the States and stay until the Amnesty law is in effect. Obeying the law seems to have a downside when it comes to immigration.

I don't know what commitment is required for your relative when she officially sponsors someone for a visa. Before I condemn her, however, I would make sure she is not assuming a heavy burden if that person refused to return.

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Miguel_Clavo says on Jun 28, 2007, 09:36:

i believe all versions of the amnesty style immigration proposals include an set date for the arrival date of the illegals.....the earliest arrival date i have read is about 2 years past, lates about 7.....so, your doctor would have to prove he was in the country already within those time restrictions....

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

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aztec says on Jun 28, 2007, 09:46:

He can prove it the same way all the others will! No one actually expects INS to check up on those millions.

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elmodefoque says on Jun 28, 2007, 09:47:

This amnesty thing should be for mexicans ONLY!!!
I'm no gringo thus have no right to speak on this matter BUT if asked by Mr Bush what to do, this would be my master plan.
If you could walk across the border from your little pueblo and not take longer than five hours then you're in like flint, all others need not apply.

any colombianita willing to date me, IS UP TO NO GOOD

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Miguel_Clavo says on Jun 28, 2007, 23:32:

with such a hot political potato on thier hands they most certainly will.....i would not be suprised if there was a huge background investigator hiring........even some civilian contractors.....the immigrant has to prove he was here before the date, as he would have the burden of proof.....not the other way around....=)

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

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BAQ says on Jun 30, 2007, 16:17:

In my OPINION, If she tries to change a TOURIST VISA to some other type visa WHILE SHE IS IN THE USA the State Department will eventually say BYE BYE AND DONT COME BACK.

If on the other hand she RETURNS TO COLOMBIA and applies for another type of visa, her HISTORY OF HONESTY ie returning to Colombia and not overstaying the tourist visa will greatly help her get another type of visa.

Semper Fidelis !

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victor123 says on Jul 12, 2007, 20:30:

hi
i am just looking for any body who can help me travel out side africa
to any were in europe and america to contiun with my football and study

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rona says on Oct 30, 2007, 15:18:

Just wanted to let you guys in on the final outcome of this situation.

My cousin's tourist visa was successfully changed to a student visa while still in school here in the states.

Another relative and myself co-sponsored her and it was approved without a hitch.

I was pleasantly surprised - and Thank You to PBH and its members for all input on this matter.

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