www.CostaRicaTicas.com

Welcome to the #1 Source for Information on Costa Rica
It is currently Mon Jul 21, 2025 7:04 pm

All times are UTC - 5 hours [ DST ]





Post new topic Reply to topic  [ 22 posts ]  Go to page 1, 2  Next
Author Message
PostPosted: Mon Apr 16, 2007 9:51 am 
PHD From Del Rey University!
User avatar

Joined: Mon Feb 16, 2004 10:24 pm
Posts: 11358
Location: Sabana Oeste , Costa Rica
From time to time there is a post about getting a visitors visa for a Tica to come visit the United States. This informative article was in AM Costa Rica this morning.

Quote:
Ticos have to wrestle with 55-year-old law
Burden of evidence is on those seeking a U.S. visa
By Garland M. Baker
Special to A.M. Costa Rica

A trip to the U. S. Embassy before Semana Santa proved very interesting and enlightening. The visit shed light on a long-standing irritation for Costa Ricans.

An expat asked an embassy worker how he could expedite his Tica girlfriend’s tourist visa application so she would not have to wait in line. There were at least 100 visa applicants waiting to speak with a consular officer that morning. The embassy worker asked him if he wanted to speak with a senior consular officer. He said yes and sat down to wait.

The embassy was busy that day, but after about an hour, the man’s number came up and he went to the appropriate window.

Overhearing the conversation, what the senior official told the man was a surprise. He said that the immigration law has something in it called the “presumption of immigration” and the man’s girlfriend was just going to have to follow the same procedures as everyone else in applying for a tourist visa. A tourism visa is a class B1/B2 visa for a temporary visitor to enter the United States on business or pleasure.

The “presumption of immigration?” What is that?

Section 214(b) Immigration and Nationality Act states “Every alien shall be presumed to be an immigrant until he/she establishes to the satisfaction of the consular officer, at the time of application for admission, that he/she is entitled to a nonimmigrant status...”

This means anyone applying for a tourist visa is guilty — their intent is to stay in the United States — unless they can prove their innocence, meaning they are not going to stay. Most denials of visa application are due to Section 214(b).

Junior consular officers make their decision after a short interview where they evaluate if an applicant has “strong ties” to their home country. The officer bases the decision on subjective intent — the presumption of immigration with the burden on the alien to show that they will not stay in the United States.

What are “strong ties”?

A job, a house, a family and a bank account are just a few of the criteria that make up strong ties to a home country. They differ from country to country and individual to individual.

A consular officer is the judge and jury. He or she must weigh the facts and decide on the spot whether an individual can have a visa. There is no avenue for an appeal or judicial review. The official makes use of several data bases which may show, for example, that the applicant already has a California driver's license or has overstayed a U.S. visa in the past.

Upon visa denial, the only thing an applicant can do is to try again, presenting new convincing evidence of strong ties. And the applicant has to pay the $114 in fees again and probably will miss another day of work to attend the interview. Some consular officials say they will entertain informal appeals, but there is no formal process.

Some expats who have girlfriends or boyfriends in Costa Rica who do not qualify for a United States visa believe marriage is the answer to getting their companion into the United States.

This is a misconception. A spouse of a United States citizen must also file for the same visa —


temporary visitor for business or pleasure, class B1/B2 — as everyone else to enter the country. The same requirements apply.

This is true unless the alien plans to live in the United States with the United States citizen. In that case, the alien must file for a K3 non-immigrant visa. Again, the presumption is immigration so to file for a K3 visa, one must have an immigrant visa petition filed on his/her behalf by the U.S. citizen spouse. This is a lot of paperwork and approval takes time, so it is not a quick route to a visa.

The Immigration and Nationality Act is 55 years old — created in 1952 — covering the immigration, temporary admission, naturalization, and removal of aliens.

Many people believe Section 214(b) of the Immigration and Nationality Act is too restrictive and is hampering the United States’ scientific and economic competitiveness as well as security interests because is also applied in considering student visas.

The system frequently results in bad public relations for the embassy like when a Costa Rican mother initially was denied a visa to attend the funeral of her U.S. Army sergeant son who was killed in Iraq. Repeatedly Costa Ricans complain of being denied a visa without any or an an adequate explanation.

There is one fact beyond dispute. The embassy workers are in a difficult situation. It is evident by sitting in the waiting room and listening to the multitude of questions they are asked, most people do not have a clue what the United States immigration law is or does.

The United States Department of State’s Web site is very helpful and informative especially the section on visa denials.

The next time a Tico thinks about getting a United States visa, he or she should go to the Web sites above to help them put their paperwork together proving they have strong ties to Costa Rica and reflecting they have no intention of staying in the United States. The problem is, many Ticos believe the United States is the land of opportunity and have every intention to stay there if they get a visa and will abandon everything here to do so.

_________________
:D Pura Vida :D
Only Irish coffee provides in a single glass all four
essential food groups:
alcohol, caffeine, sugar and fat.
Alex Levine
Image


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 11:44 am 
PHD From Del Rey University!
User avatar

Joined: Wed Jun 29, 2005 6:15 pm
Posts: 3785
Location: Washington, DC and Fort Lauderdale
Quote:
The system frequently results in bad public relations for the embassy like when a Costa Rican mother initially was denied a visa to attend the funeral of her U.S. Army sergeant son who was killed in Iraq.


the US Embassy made this poor woman pay a 100 dollar plus fee for the visa interview.

the US Marines working at the Embassy reached into their own pockets to help defray the cost.

this was certainly a shameful incident.

and, of course, the POS US Ambassador and Consul had no comment.

_________________
The difference between a Sea Story and a Fairy Tale is that a Fairy Tale starts out 'Once Upon a Time..' and a Sea Story starts out 'This is no Shit...'

(export version only, some restrictions may apply, some assembly required, not valid where the sun don't shine...

if you live in the states of Poverty, Darkness or anywhere outside of The Blessings of Civilization Trust, Inc...other rules may apply)


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 4:30 pm 
Masters Degree in Mongering!
User avatar

Joined: Wed Jan 10, 2007 9:05 am
Posts: 841
Location: 'Vegas Baby
This is just one more example of why we need to deport those illegally in the US. People wouldn't overstay tourist visas if they knew they would be caught and deported. They lie on the I-94 and lie about their "tourist" visas in order to illegally immigrate into the US. If people didn't do this, it wouldn't be a problem.

-PA

_________________
-PA*


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 5:26 pm 
PHD From Del Rey University!
User avatar

Joined: Wed Jun 29, 2005 6:15 pm
Posts: 3785
Location: Washington, DC and Fort Lauderdale
WTF....I know you're not talking about my post as an example of anything

other than what a faggot the US Ambassador to Costa Rica is, along with

his braindead, ignorant cunt Consul.

Both appointed by their faggot US President boss.

I'll be goddamed if a mother of a US soldier killed in the line of

action should have to pay 100 dollars plus to apply meekly for a Visa to

bury her son.

_________________
The difference between a Sea Story and a Fairy Tale is that a Fairy Tale starts out 'Once Upon a Time..' and a Sea Story starts out 'This is no Shit...'

(export version only, some restrictions may apply, some assembly required, not valid where the sun don't shine...

if you live in the states of Poverty, Darkness or anywhere outside of The Blessings of Civilization Trust, Inc...other rules may apply)


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 9:05 pm 
PHD From Del Rey University!
User avatar

Joined: Mon Feb 16, 2004 10:24 pm
Posts: 11358
Location: Sabana Oeste , Costa Rica
Can you guys take your political diatribes elsewhere. This posting was meant to inform guys who want to their their Tica novias visas. Thank you.

_________________
:D Pura Vida :D
Only Irish coffee provides in a single glass all four
essential food groups:
alcohol, caffeine, sugar and fat.
Alex Levine
Image


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 9:45 pm 
PHD From Del Rey University!
User avatar

Joined: Sun Dec 05, 2004 8:43 pm
Posts: 4645
Location: In a Paisa state of mind !!!
Irish Drifter wrote:
Can you guys take your political diatribes elsewhere. This posting was meant to inform guys who want to their their Tica novias visas. Thank you.


Thanks ID

One question, My novia has a recently acquired visa, went to get her 5 year old daughter and was denied for no known cause.

Any recommendations would be appreciated

See you Thursday


Last edited by El Silencioso on Sat Apr 21, 2007 3:22 pm, edited 1 time in total.

Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 10:40 pm 
PHD From Del Rey University!
User avatar

Joined: Wed Jun 29, 2005 6:15 pm
Posts: 3785
Location: Washington, DC and Fort Lauderdale
ID, I do not need you to tell me anything

_________________
The difference between a Sea Story and a Fairy Tale is that a Fairy Tale starts out 'Once Upon a Time..' and a Sea Story starts out 'This is no Shit...'

(export version only, some restrictions may apply, some assembly required, not valid where the sun don't shine...

if you live in the states of Poverty, Darkness or anywhere outside of The Blessings of Civilization Trust, Inc...other rules may apply)


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 11:01 pm 
PHD From Del Rey University!
User avatar

Joined: Mon Feb 16, 2004 10:24 pm
Posts: 11358
Location: Sabana Oeste , Costa Rica
Californicationdude wrote:
ID, I do not need you to tell me anything


That amigo is exactly the attitude that accomplishes nothing. Labeling the President and the Ambassador as fagots and the Counsel as a cunt belong in junior high school not on this board. Yes... someone needed to tell you that.

_________________
:D Pura Vida :D
Only Irish coffee provides in a single glass all four
essential food groups:
alcohol, caffeine, sugar and fat.
Alex Levine
Image


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 11:09 pm 
Site Admin
User avatar

Joined: Mon Aug 25, 2003 2:10 pm
Posts: 2770
Location: San Jose, Costa Rica & The U.S.A.
Guys THERE WILL BE NO POLIICAL DISCUSSIONS HERE!

_________________
Thank you for supporting CRT!
Image Image Image Image Image Image


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 11:30 pm 
PHD From Del Rey University!
User avatar

Joined: Wed Jun 29, 2005 6:15 pm
Posts: 3785
Location: Washington, DC and Fort Lauderdale
El Silencio, if you know what kind of Visa the Novia has, then there will be different steps to take to bring the minor to the US.

basically, if she has a K1/K-3 Visa, she can petition for a Visa for an applicant that is under 21 years of age and is her offspring. she can prevail much easier than if she has just a tourist B-2 Visa. There is a timeline, paperwork and requirements for such K-1/K-3 applicants, but no limits to the number of Visas that can be issued for family unification of immediate relatives such as wives and minors.

If she has a K-1 Visa, they must get married within 90 days or she must depart.
this process takes a minimum of 6 months.

the K-3 Visa is for applicants already married to the sponsoring US resident. this process also takes a minimum of 6 months.

if the Novia just has a Visitors, non-immigrant or tourist B-2 Visa, then she is making her status as a tourist weaker since she is removing more reasons to return to CR or whatever country she is visiting from.

currently, B-2 Visa application interviews at the US Embassy in San Jose are taking 14 days to schedule. a much faster process than the Visa types mentioned above.


However, Here are some of the presumptions that must be overcome by the B-2 Visa applicant

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and
• That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

In short, her Novio, if he really wants her to visit, and only visit, then he could consider depositing some monies in her name in a CR bank, putting other resources in her name and perhaps also attend the interview with her if he is allowed to attend by the Embassy Consul's office.

there is no such thing as a girlfriend Visa. The burden of proof is on the applicant that they will return to their original country.

for every Tica claiming they aquired a B-2 quickly and easily, there are 99 that were denied.

You're Welcome

_________________
The difference between a Sea Story and a Fairy Tale is that a Fairy Tale starts out 'Once Upon a Time..' and a Sea Story starts out 'This is no Shit...'

(export version only, some restrictions may apply, some assembly required, not valid where the sun don't shine...

if you live in the states of Poverty, Darkness or anywhere outside of The Blessings of Civilization Trust, Inc...other rules may apply)


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Mon Apr 16, 2007 11:36 pm 
PHD From Del Rey University!
User avatar

Joined: Sun Dec 05, 2004 8:43 pm
Posts: 4645
Location: In a Paisa state of mind !!!
C Dude

Thanks for the Visa info, will pass it on. Am not sure as to her current status, am guessing B-2



UPDATED...Just a Visitor Visa for her, has a bank account with 2 grand, also a house rented in her name, but nothing for the daughter, she is 4


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Tue Apr 17, 2007 4:41 am 
Masters Degree in Mongering!
User avatar

Joined: Wed Jan 10, 2007 9:05 am
Posts: 841
Location: 'Vegas Baby
It is a steep hurdle to climb in order to prove the "ties to home" part of the visitor visa. I know a Tico who is a college educated, eco-tour guide that owns a nice home, works for a top notch US based company: who has been denied a tourist visa twice to visit the US. And part of the trip was to promote tourism to Costa Rica!

It really sucks the way these things are just denied to decent people who have no intention of committing visa fraud. I'd love to bring a chica to the US for a little romance travel but the hurdles are so high.

As for the Tica that wasn't allowed to visit the US for her son's funeral, that is really sad. I had a friend who did 2 tours in Afghanistan and during the second one both his mother and sister died and the Marines wouldn't let him come home for the funerals. When he got discharged he came back and ended up whacking himself after being diagnosed with a serious case of PTSD. The marines gave him a full military funeral though, which was kinda cool. He was a most decent guy.

-PA1984

_________________
-PA*


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Wed Apr 18, 2007 11:29 am 
PHD From Del Rey University!
User avatar

Joined: Wed Jun 29, 2005 6:15 pm
Posts: 3785
Location: Washington, DC and Fort Lauderdale
For a B-2 tourist Visa, I would make sure I was with the applicant when she went to the Embassy in San Jose for the interview. Also note that if she has recently been rejected once already and is denied a second time, she must wait at least one year to reapply for a non-immigrant visa.

She must schedule an interview date and follow the instructions on the link below.

http://www.usembassy.or.cr/consnonimmigrant.html

Current wait time from initial contact to interview for a B-2 Visa in San Jose appears to be 14 days as noted on the US Dept of State link below.


http://travel.state.gov/visa/temp/wait/ ... &x=87&y=12

Other countries current B-2 interview wait times may be viewed at the link below and selecting the individual consulate/embassy office.

http://travel.state.gov/visa/temp/wait/ ... s_wait.php


Even if the Embassy office does not want to speak with you, by making your presence known, it is supporting the applicant’s case.

Also, write a clear and concise letter simply stating that you will be providing the resources for the visit to include airfare, cost of food and housing and VACATION costs.

She should also have a similar letter stating that she understands the Visa is for a VACATION only and has not intent of committing Visa Fraud. And that she will indeed be returning to CR within the proper time frame.

Emphasize the nature of the visit is for VACATION purposes.

DO NOT mention ‘trial marriage’, ‘see how we get along’, ‘we’re thinking about…’, etc..You are good, responsible friends only at this point.

And, if she actually is issued a B-2 and later you both decide to file for a K-1/K-3, you have bolstered you case for the latter if the first trip was conducted within the restrictions of the first B-2 Visa.

The B-2 Visa is for a VACATION only.

And, even if granted by the Embassy in San Jose, The B-2 tourist visa does not guarantee her an entry to the U.S. An officer from the USCIS will interview her when she arrives in the U.S., and determine her
eligibility to enter the U.S. If in the event the officer finds her ineligible, she may be denied entry into the U.S.

She should not show up in Miami, New York etc…with a ton of luggage for a Vacation.

Emphasize your great respect for Visa rules and that she will be returning within the Visa time limit (perhaps a 1 to 6 month time period) or even sooner if the visit is only for a week or two. Emphasize your understanding that violation of Visa rules will jeopardize all your and hers future Visa applications and that you have no intention of running afoul of Visa rules.

Mention she will have a Round Trip ticket.

Also, to bolster her case, consider purchasing a short term, health insurance policy for her time in the US. I have seen quotes of 100K health policies for a month long travel policy for less than 200 dollars.

By having a short term, health insurance policy for her visit in the US, it shows that the US will not be stuck for any health services if she is in an accident while on her US vacation.

If you apply with her for a K-1 or K-3 Visa, you are potentially liable for all benefits and services she receives or may receive in the US for 10 years. You are most certainly a Sponsor for these types of Visas.

I believe that since a B-2 Visa is made by the applicant and she is not being legally Sponsored by you, then you have no legal liability is she were to illegally commit Visa Fraud and run off, over-extend her stay, incur public services/costs.

Therefore, the short term health insurance policy is one less possible roadblock removed for approval for a legal stay in the US within the Visa and health policy time limits.

Obviously, if she over-extends, runs off, then the policy is of no value after it expires.

It merely shows responsible intent and good faith on the part of the applicant.

A B-2 tourist Visa must stand on its own. You, the US citizen/legal resident, are not Sponsoring the applicant.

If she has not steady job, money in the bank, family in CR, own property, enrolled in some sort of school, etc…then her standing is weakened.

The Embassy in San Jose literally has thousands of Visa request each month. From family type such as K-1/K-3, tourist B-1/B-2, student F-1, etc…

And, there are horror stories about the issuance of Visas at all US Embassies. The demand is very, very high.

You must make her application stand out as a model of responsibility and honest intent.

Do to the capricious (there, isn’t that better than F*ggot, C*cksukers, etc…?) nature of the US Embassy in San Jose, you must prepare carefully for a common B-2 tourist Visa.

By just allowing her to apply in a casual manner without any thought put into the process, you are almost guaranteeing denial of the application.

Also, applying for a K-1/K-3 Visa, is an even more serious and complicated matter requiring study and a firm understanding of the process. Far to complicated to cover in any one post. For instance, you should not/cannot apply for both at the same time or within the same processing time frame for either. Also, there are now limits on how many K-1 Visa applications you can Sponsor within a given time frame. Be very careful before you start the paperwork for such a Visa type.

Some websites to consider looking at include

http://visajourney.com/forums/index.php?act=home
(for family type Visas)

and

http://www.arcr.net/
(for possible info on purchasing a short term health policy for travel to the US from CR, as well as further B-2 Visa applications info and tips)

For B-2 Tourist Visa, there does not seem to be any uniform standard or process to follow that will guarantee an application being approved.



As opposed to a Family Type Visa which has clear and mandatory steps which once taken and all requirements are met, almost guarantees application approval.

For B-2 Tourist Visas, I suggest typing in “B-2 Visa Tips” (or variant of that phrase) in a search engine and browsing the sites for further info.

All this is merely my opinion and suggestions for considering B-2 Tourist or Family Type Visas garnered from my own experience.

There are certainly others here who have even more experience and knowledge of the process.
In the past, I have read suggestions such a setting up companies for inter office transfers, sponsoring for domestic employment, student visa applications, etc…

It all seems like a lot of work that may be just as easily accomplished by a thoughtful and responsible B-2 application if a short term visit is all you have in mind.

However, the thought has crossed my mind to buy a lettuce farm and sponsor applications for agricultural workers. There seems to be a quick turn around for those applications.

http://www.visajourney.com/forums/index ... page=times

_________________
The difference between a Sea Story and a Fairy Tale is that a Fairy Tale starts out 'Once Upon a Time..' and a Sea Story starts out 'This is no Shit...'

(export version only, some restrictions may apply, some assembly required, not valid where the sun don't shine...

if you live in the states of Poverty, Darkness or anywhere outside of The Blessings of Civilization Trust, Inc...other rules may apply)


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Wed Apr 18, 2007 12:16 pm 
I can do CR without a wingman!
User avatar

Joined: Mon Jul 11, 2005 10:35 pm
Posts: 202
Irish and California
Thank you for all the helpful info. I am going thru the B-2 visa process with my Novia right now. I believe that a strong application package in any legal matter is better than a casual application.


Top
 Profile  
Reply with quote  
 Post subject:
PostPosted: Wed Apr 18, 2007 1:05 pm 
PHD From Del Rey University!
User avatar

Joined: Mon Feb 16, 2004 10:24 pm
Posts: 11358
Location: Sabana Oeste , Costa Rica
Californicationdude wrote:
For a B-2 tourist Visa, I would make sure I was with the applicant when she went to the Embassy in San Jose for the interview.



I am not sure you can be with a Tica when she is being interviewed. I know of 3 separate cases where the gringo accompanied a Tica to the consulate. None were permitted to be with her when she was interviewed.

_________________
:D Pura Vida :D
Only Irish coffee provides in a single glass all four
essential food groups:
alcohol, caffeine, sugar and fat.
Alex Levine
Image


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 22 posts ]  Go to page 1, 2  Next



All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 20 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:



Powered by phpBB® Forum Software © phpBB Group