Srt Lp

I have a friend who lives in Estonia. She was in the USA 2 years back on a
1-year tourist visa when I met her, and since then we've talked a lot and we
both want her to come here and "see if things work out" between us. She
just applied for a 1-year tourist visa and it was granted, and I had a few
questions.

-Can she get a drivers license here? She has no license in Estonia, but if
she is here for a year, she is going to have to drive. I'm wondering if she
should get it now before she comes and either drive on it here (which I
believe is legal) or get some sort of converted license or temporary license
when she gets here

-Can you get a social security card on a non-immigrant visa? If she can,
then she can get a drivers license. On the social security website, it
appears they "may" give one if you "have a good reason" but if you are on a
tourist visa the card will say you cannot work. What do they consider a
good reason? Is "so I can get a drivers license" a good reason?

-I need to talk to her to see exactly if this is a B1 or B2 visa. I think
its a non-immigrant work visa. Does this allow her to GET a job, or is it
really meant for employees of foreign countries to come here for their
existing job?

-If things DO work out, can I apply for a fiancee visa WHILE she is in the
USA on a tourist visa? Or would her nonimmigrant visa expire as soon as the
fiancee visa was applied for requiring her to return to Estonia until it was
approved/denied. And if she would be able to stay if I applied for a
fiancee visa, how does that change the drivers license question? I mean if
she CAN'T get one on a tourist visa, what about on a fiancee visa?

She's going to be here for a year, and I can't imagine not being able to
have a SSN number and card... she wouldn't be able to have a bank account,
drivers license, checkbook, credit card, etc, etc. Seems like nobody could
live for a year in the USA without any of these services.

The final twist to all of this... I am not a citizen myself. I have lived
here for 18 years though (moved here as a child from the UK - all my
schooling was in the USA). I know I am "past the time limit" where I can
now apply for citizenship. So what is the time required from when I apply
to be naturalized until I become a citizen? And when I become a citizen, is
there a delay until I get citizens rights, such as the ability to apply for
a fiancee visa?

Last question, I promise! I believe part of the fiancee visa is an
affidavit of support. Only thing is, I am co-owner of an electronics
company, and I try to keep lots of expenses (my car, etc) in the business
name, and take a lower salary for tax purposes. I've heard there is a
minimum you need to make to be considered able to support someone. What is
that amount, and how long do you need to have been earning it to be
considered able to provide such support? I'm wondering if I need to
immediately raise my salary so that next years tax return will have a higher
salary so that the affidavit would be accepted, etc.

Thank you so much for any input. I figured I'd get some direction before I
go and spend a lot of money on an immigration lawyer.

Thanks
LP

Hnchoksi

    >Subject: Can someone on a tourist visa get a USA drivers license?
    >From: "SRT LP" [email protected]
    >Date: 3/16/04 10:52 PM Eastern Standard Time
    >Message-id: <[email protected]. net>
    >I have a friend who lives in Estonia. She was in the USA 2 years back on a
    >1-year tourist visa when I met her, and since then we've talked a lot and we
    >both want her to come here and "see if things work out" between us. She
    >just applied for a 1-year tourist visa and it was granted, and I had a few
    >questions.
    >-Can she get a drivers license here? She has no license in Estonia, but if
    >she is here for a year, she is going to have to drive. I'm wondering if she
    >should get it now before she comes and either drive on it here (which I
    >believe is legal) or get some sort of converted license or temporary license
    >when she gets here
    >-Can you get a social security card on a non-immigrant visa? If she can,
    >then she can get a drivers license. On the social security website, it
    >appears they "may" give one if you "have a good reason" but if you are on a
    >tourist visa the card will say you cannot work. What do they consider a
    >good reason? Is "so I can get a drivers license" a good reason?
    >-I need to talk to her to see exactly if this is a B1 or B2 visa. I think
    >its a non-immigrant work visa. Does this allow her to GET a job, or is it
    >really meant for employees of foreign countries to come here for their
    >existing job?
    >-If things DO work out, can I apply for a fiancee visa WHILE she is in the
    >USA on a tourist visa? Or would her nonimmigrant visa expire as soon as the
    >fiancee visa was applied for requiring her to return to Estonia until it was
    >approved/denied. And if she would be able to stay if I applied for a
    >fiancee visa, how does that change the drivers license question? I mean if
    >she CAN'T get one on a tourist visa, what about on a fiancee visa?
    >She's going to be here for a year, and I can't imagine not being able to
    >have a SSN number and card... she wouldn't be able to have a bank account,
    >drivers license, checkbook, credit card, etc, etc. Seems like nobody could
    >live for a year in the USA without any of these services.
    >The final twist to all of this... I am not a citizen myself. I have lived
    >here for 18 years though (moved here as a child from the UK - all my
    >schooling was in the USA). I know I am "past the time limit" where I can
    >now apply for citizenship. So what is the time required from when I apply
    >to be naturalized until I become a citizen? And when I become a citizen, is
    >there a delay until I get citizens rights, such as the ability to apply for
    >a fiancee visa?
    >Last question, I promise! I believe part of the fiancee visa is an
    >affidavit of support. Only thing is, I am co-owner of an electronics
    >company, and I try to keep lots of expenses (my car, etc) in the business
    >name, and take a lower salary for tax purposes. I've heard there is a
    >minimum you need to make to be considered able to support someone. What is
    >that amount, and how long do you need to have been earning it to be
    >considered able to provide such support? I'm wondering if I need to
    >immediately raise my salary so that next years tax return will have a higher
    >salary so that the affidavit would be accepted, etc.
    >Thank you so much for any input. I figured I'd get some direction before I
    >go and spend a lot of money on an immigration lawyer.

A) She cannot get a license on a tourist visa. The most she can do is get an
international driver's license from Estonia, but those are usually valid only
six months.

B) You are assuming she will be able to stay here one whole year! Where do you
make such an assumption from? What if she is given a two month stay at the POE?
Ever think of that?

C) She cannot get an SSN. She cannot get an ITIN any more either. The IRS has
cracked down.

D) She will be a tourist here and will get no benefits accorded to people on
other visas.

E) In order to marry and sponsor her in a reasonable time, you should become a
US citizen soon. It may take a year depending on where you live. You need to
make at least 125% of the poverty level. More is bette,r of course.

J. J. Farrell

"SRT LP" <[email protected]> wrote in message
news:[email protected]...
    > I have a friend who lives in Estonia. She was in the USA 2 years back on
a
    > 1-year tourist visa when I met her, and since then we've talked a lot and
we
    > both want her to come here and "see if things work out" between us. She
    > just applied for a 1-year tourist visa and it was granted, and I had a few
    > questions.

What do you mean by a "1-year tourist visa"? Tourist visas are usually
valid for longer that that, often 10 years. A person using a tourist
visa typically gets admitted for a maximum of 6 months at a time.

    > -Can you get a social security card on a non-immigrant visa?

Yes, but only if authorised to work. In exceptional circumstances
you might be able to get one if not authorised to work, but I've
not heard of that in recent years except when they've screwed up.

    > -I need to talk to her to see exactly if this is a B1 or B2 visa. I think
    > its a non-immigrant work visa. Does this allow her to GET a job, or is it
    > really meant for employees of foreign countries to come here for their
    > existing job?

There are many non-immigrant work visas. I believe they all require
prior sponsorship. It's most likely a B-2 tourist visa, in which
case she'll be admitted for 6 months.

Ray

a lot depends on what State you are in...Here in Florida a tourist can get a driving licence but it is only valid until the date on your I-94..but you must have a English written driving licence from your home country..Bank account are not usually a problem here either.. SSN ..no chance!.. Not sure about a 12 month tourist visa..if if she got one the POE is unlikely to give more than 6 months..

Amanda

"J. J. Farrell" <[email protected]> wrote in message news:<[email protected] hlink.net>...
    > "SRT LP" <[email protected]> wrote in message
    > news:[email protected]...
    > > I have a friend who lives in Estonia. She was in the USA 2 years back on
    > a
    > > 1-year tourist visa when I met her, and since then we've talked a lot and
    > we
    > > both want her to come here and "see if things work out" between us. She
    > > just applied for a 1-year tourist visa and it was granted, and I had a few
    > > questions.
    >
    > What do you mean by a "1-year tourist visa"? Tourist visas are usually
    > valid for longer that that, often 10 years.

Are you serious?

    > A person using a tourist
    > visa typically gets admitted for a maximum of 6 months at a time.

6 months with 20 times extension?

    >
    > > -Can you get a social security card on a non-immigrant visa?
    >
    > Yes, but only if authorised to work. In exceptional circumstances
    > you might be able to get one if not authorised to work, but I've
    > not heard of that in recent years except when they've screwed up.
    >
    > > -I need to talk to her to see exactly if this is a B1 or B2 visa. I think
    > > its a non-immigrant work visa. Does this allow her to GET a job, or is it
    > > really meant for employees of foreign countries to come here for their
    > > existing job?
    >
    > There are many non-immigrant work visas. I believe they all require
    > prior sponsorship. It's most likely a B-2 tourist visa, in which
    > case she'll be admitted for 6 months.

Amanda

[email protected] (Hnchoksi) wrote in message news:<[email protected]>...

<snip>

    > A) She cannot get a license on a tourist visa. The most she can do is get an
    > international driver's license from Estonia, but those are usually valid only
    > six months.
    >
    > B) You are assuming she will be able to stay here one whole year! Where do you
    > make such an assumption from? What if she is given a two month stay at the POE?
    > Ever think of that?
    >
    > C) She cannot get an SSN. She cannot get an ITIN any more either. The IRS has
    > cracked down.
    >


What is ITIN? Is it like the number for tax purposes, say when
purchasing a property or openign a bnak account? Why does IRS crack
down?

People using it as SSN (I am assuming that it has same number of
digits as SSN) in applying for job, etc.?

How can people use it in place of SSN for employment purpose when
employers are supposed to look at SSN? Are employers accepting ITIN as
a form of SSN? Why empoyers don't ask the person "why don't you have
a SSN?". Just curious..
    > D) She will be a tourist here and will get no benefits accorded to people on
    > other visas.
    >
    > E) In order to marry and sponsor her in a reasonable time, you should become a
    > US citizen soon. It may take a year depending on where you live. You need to
    > make at least 125% of the poverty level. More is bette,r of course.

Joachim Feise

Amanda said on 3/17/2004 8:03:
    >
    > What is ITIN? Is it like the number for tax purposes, say when
    > purchasing a property or openign a bnak account?

Yes.

    > Why does IRS crack
    > down?

They don't. The ITIN is for people who don't have authority to work, but
still need to pay taxes, e.g., on stock buys, real estate, interest, etc.

    > People using it as SSN (I am assuming that it has same number of
    > digits as SSN) in applying for job, etc.?

That is of course not allowed. And while the ITIN has the same number of
digits as the SSN, it starts with a unique digit, so it can easily be
identified as an ITIN.

    > How can people use it in place of SSN for employment purpose when
    > employers are supposed to look at SSN? Are employers accepting ITIN as
    > a form of SSN? Why empoyers don't ask the person "why don't you have
    > a SSN?". Just curious..

Well, some employers just pretend not to know. It is illegal, of course.

-Joe

Joachim Feise

Amanda said on 3/17/2004 7:33:
    >>What do you mean by a "1-year tourist visa"? Tourist visas are usually
    >>valid for longer that that, often 10 years.
    >
    >
    > Are you serious?

Yes.

    >>A person using a tourist
    >>visa typically gets admitted for a maximum of 6 months at a time.
    >
    >
    > 6 months with 20 times extension?

No, you didn't get that. The *visa* is valid for 10 years. That does
*not* mean that the person can stay in the US for 10 years.
A person with a valid B2 visa is usually admitted into B2 *status* for
6 months. That can be extended once.
The person can travel with the visa to the US as long as the visa is
valid.

-Joe

Bizrus

Let's see your questions, one at a time.

Q) I have a friend who lives in Estonia. She was in the USA 2 years back on a
1-year tourist visa when I met her, and since then we've talked a lot and we
both want her to come here and "see if things work out" between us. She
just applied for a 1-year tourist visa and it was granted, and I had a few
questions.

A) The 1-year visa does not mean that she can stay in the States for one year.
It means that she can travel to VISIT the States within that period.
What limits the length of the stay of someone on a "Visitor" (tourist) visa
is the I-94 stamped by an Immigrations officer at the port of arrival. This
officer is who determines the length of the stay, not the visa on the
passport.

For tourists, the maximum length of stay is 6 months, although it may be
less than that.

For business, the length of the stay is usually of 2 weeks.

All stays can usually be extended by filling a petition before the US
Citizeship and Immigration Services
(http://uscis.gov/graphics/howdoi/extendstay.htm)

In any event, this is an excerpt from the USCIS Web site regarding Fiancé
Visitors:

Fiancé(e)

The Immigration and Nationality Act (INA) provides a nonimmigrant visa
classification, "K-1", for aliens coming to the United States to marry U.S.
citizens and reside in the U.S.

Requirements

A U.S. citizen must file an I-129F petition with USCIS for the issuance of
a K-1 fiancé(e) visa to the alien fiancé(e).
Both the U.S. citizen exercising this option and the fiancé(e) must remain
unmarried until the arrival of the fiancé(e) in the U.S.
The alien fiancé(e) and U.S. citizen must have met personally at least once
in the two years before the petition was filed.
The marriage between the U.S. citizen petitioner and the fiancé(e) must take
place within three months of the fiancé(e)'s arrival if the alien fiancé(e)
is to remain in status.

For more information on sponsoring a foreign fiancé(e), please see How Do I
Bring My Fiancé(e) to the U.S.?
(http://uscis.gov/graphics/howdoi/fiance.htm)

Obviously, the key questions here are:

Have seen her at least once in the last two years?
Are you an US Citizen or a Cuban resident?
If the answer is yes to both qestions, she may have no problem to come to
the States on a Fiancé Visa and marry you (or go back to Estonia in 90
days).

Q) Can she get a drivers license here? She has no license in Estonia, but if
she is here for a year, she is going to have to drive. I'm wondering if she
should get it now before she comes and either drive on it here (which I
believe is legal) or get some sort of converted license or temporary license
when she gets here.

A) If she has an Estonian Driver's License, she can apply for an International
Driver's License. These licenses are usually issued by the local Automobile
Club or Rotary Club. In some countries, the local Federal Goverment also
issues these licenses.

Nationals from certain countries can drive in the States with their local
Driver's License for up to three months. Tell her to enquire at the US
Consulate in Estonia if Estonians can do that.

In most States, the correspoding Drivers' Licenses office will require her to
show at least two pieces of identification with a picture on them (her
passport and her Estonian Driver's License, for instance), along with the
stamped I-94 card. They may then issue a driver's license valid for the
approved length of stay.

If she does not have an Estonian Driver's License, she may be required to
attend the DUI school for first time drivers. If she alread has an Estonian
Driver's License, she may avoid that step.

She will have to pass the vision test and take the written test and driving
tests. If she has never driven before, it is advisable for her to go to a
local driving school.

Q) Can you get a social security card on a non-immigrant visa? If she can,
then she can get a drivers license. On the social security website, it
appears they "may" give one if you "have a good reason" but if you are on a
tourist visa the card will say you cannot work. What do they consider a
good reason? Is "so I can get a drivers license" a good reason?

A) No foreign person can obtain an SS card, unless authorized by the USCIS.
The Driver's License, as explained above, can be obtained without SS card.

Q) I need to talk to her to see exactly if this is a B1 or B2 visa. I think
its a non-immigrant work visa. Does this allow her to GET a job, or is it
really meant for employees of foreign countries to come here for their
existing job?

A) Foreign persons on a Visitor visa cannot work in the States.

They can conduct business for their local companies during their visit but
they cannnot be paid by any local company.

Accepting a job with an US employer without USCIS authorization makes that
person deportable.

Q) If things DO work out, can I apply for a fiancee visa WHILE she is in the
USA on a tourist visa? Or would her nonimmigrant visa expire as soon as the
fiancee visa was applied for requiring her to return to Estonia until it was
approved/denied. And if she would be able to stay if I applied for a
fiancee visa, how does that change the drivers license question? I mean if
she CAN'T get one on a tourist visa, what about on a fiancee visa?

A) If she is already in the States on a Visitors visa and you decide to marry
her, you simply marry her. After that, go to an immigration lawyer who will
help you in presenting the case before the USCIS. This step is very important
because she has just arrived and you do not have childrem toghether. You can
file the necessary paperwork yourself and pay the required fees to the USCIS.
However, they may look into your case very carefully. A lawyer specialized
in immigration will make sure that you do not say what you shoud not say or
you omit what you should say.

Q) She's going to be here for a year, and I can't imagine not being able to
have a SSN number and card... she wouldn't be able to have a bank account,
drivers license, checkbook, credit card, etc, etc. Seems like nobody could
live for a year in the USA without any of these services.

A) Visitors are just that, visitors. You do not need the SS card unless you want
to work. In this regards, there are many exchange programs, such as the
hotel industry, that allow foreign students to stay and work in the States
for up to a year.

She can also apply for an H1-B1 visa if she qualifies and she already has an
empoyer that wants to sponsor her. She will only be able to work for her
sponsor. If she wants to change employers, she can do so to, but she will
have to file the papers again.

If she works for a company that has a branch or a main office in the States,
she could apply for an L1 visa, but only to work for that company.

Regarding the bank account, you can open a bank account in the States even
if you are not in the States. My in-laws live in South America, they are not
citizens or residents and they do have a bank account in the States, so do
other friends of mine. Each bank and State may have different minimum
requirements for that, so check with your bank. The FBI also has regulations
regarding opening bank accounts for foreigners.

Q) The final twist to all of this... I am not a citizen myself. I have lived
here for 18 years though (moved here as a child from the UK - all my
schooling was in the USA). I know I am "past the time limit" where I can
now apply for citizenship. So what is the time required from when I apply
to be naturalized until I become a citizen? And when I become a citizen, is
there a delay until I get citizens rights, such as the ability to apply for
a fiancee visa?

A) Only Cuban nationals can provide their spouses legal residence through
marriage when they are still residents (not yet citizens).

In your case, if you are not an illegal alien, and you have been a legal
resident (Green Card holder) for at least five years, you can apply for
US Citizenship. You can download the forms from this link:
(http://uscis.gov/graphics/formsfee/forms/n-400.htm)

The process is quite simple. Download the PDF, print it, complete it, and
send it with a $260 money order to the address indicated in the form.

It is currently taking more than a year to be approved and several months
before being called to take the Citizenship test. After that, it will be a
few more months before the ceremony in which you will be sworn as a US
Citizen.

For more information, go to this link and downlod the Guide to Naturalization
document:
(http://uscis.gov/graphics/services/natz/English.pdf)

Q) Last question, I promise! I believe part of the fiancee visa is an
affidavit of support. Only thing is, I am co-owner of an electronics
company, and I try to keep lots of expenses (my car, etc) in the business
name, and take a lower salary for tax purposes. I've heard there is a
minimum you need to make to be considered able to support someone. What is
that amount, and how long do you need to have been earning it to be
considered able to provide such support? I'm wondering if I need to
immediately raise my salary so that next years tax return will have a higher
salary so that the affidavit would be accepted, etc.

A) If you form an LLC (Limited Liability Corporation) you only have to pay taxes
once. With a normal corporation, you have to pay corporation and personal
taxes. In any event, consult a tax lawyer on this.

The Naturalization Guide will explain the affidavit process and you can
consult with USCIS Web site regarding the current minimum salary and bank
account balances to be able to sponsor your spouse.

Q) Thank you so much for any input. I figured I'd get some direction before I
go and spend a lot of money on an immigration lawyer.

A) Don't be cheapy! Most immigration lawyers would charge from nothing to $100
for a consultation visit. In addition, what you pay for those visits is
usually credited toward the totall fees.

Some notes regarding immigration lawyers.

a) Get an immigration lawyer from Miami, Texas or Los Angeles. They know all
the tricks. The ones up North are prone to costly mistakes.
b) Get a lawyer that specializes in Immigration Law. Those who also do divorces,
civil suits and/or criminal, are not well prepared for the task.
c) Always get references from actual customers; friends of yours, if possible.
d) Be prepared to be on top of things and to constantly bug your lawyer. They
tend to leave everything to the paralegals and, sometimes, they lose track
of things. A mistake and your case goes down the drain.
e) Become a friend of the paralegal, if any.
f) The lawyer's fees do not cover expenses, USCIS fees, fotos, FedEx,
fingerprint fees, etc. Put money aside for that too.

Good luck to you!

Hnchoksi

    >Subject: Re: Can someone on a tourist visa get a USA drivers license?
    >From: Joachim Feise [email protected]
    >Date: 3/17/04 1:55 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >Amanda said on 3/17/2004 8:03:
    >>
    >> What is ITIN? Is it like the number for tax purposes, say when
    >> purchasing a property or openign a bnak account?
    >Yes.
    >> Why does IRS crack
    >> down?
    >They don't. The ITIN is for people who don't have authority to work, but
    >still need to pay taxes, e.g., on stock buys, real estate, interest, etc.


Actually, as recently as a few months ago, a directive was issued to the IRS
to refuse ITINs unless there was a legitimate need for it.I don't recall now
what the new requirements are to get one, but you can check the IRS website.

Joachim Feise

Hnchoksi wrote on 3/17/2004 15:36:

    >>Subject: Re: Can someone on a tourist visa get a USA drivers license?
    >>From: Joachim Feise [email protected]
    >>Date: 3/17/04 1:55 PM Eastern Standard Time
    >>Message-id: <[email protected]>
    >>Amanda said on 3/17/2004 8:03:
    >>>What is ITIN? Is it like the number for tax purposes, say when
    >>>purchasing a property or openign a bnak account?
    >>Yes.
    >>>Why does IRS crack
    >>>down?
    >>They don't. The ITIN is for people who don't have authority to work, but
    >>still need to pay taxes, e.g., on stock buys, real estate, interest, etc.
    >
    >
    >
    > Actually, as recently as a few months ago, a directive was issued to the IRS
    > to refuse ITINs unless there was a legitimate need for it.I don't recall now
    > what the new requirements are to get one, but you can check the IRS website.

Not much has changed, really.
http://www.irs.gov/individuals/artic...=96287,00.html
"IRS issues ITINs to individuals who are required to have a U.S. taxpayer
identification number but who do not have, and are not eligible to obtain a
Social Security Number (SSN) from the Social Security Administration (SSA).
ITINs are issued regardless of immigration status because both resident and
nonresident aliens may have U.S. tax return and payment responsibilities under
the Internal Revenue Code."

Basically, what I said. If you need to pay taxes, you need an ITIN. The US
government wants your money...

The application standards have changed:
"What are the revised application standards for ITINs?
Effective immediately, each ITIN applicant must now:
* Apply using the revised Form W-7, Application for IRS Individual Taxpayer
Identification Number ; and
* Attach a federal income tax return to the Form W-7.
Applicants who meet an exception to the requirement to file a tax return
(see the instructions for Form W-7)must provide documentation to support the
exception.

Why is IRS revising the ITIN application process?
The revisions to the ITIN application process will help ensure ITINs are used
for their intended tax administration purposes."

-Joe

JubJub

What has changed is that you can no longer simply apply to the IRS for an ITIN number (to open a bank account for example). You need to file for an ITIN in conjunction with a tax return, unless you are the spouse of a citizen/resident of the US, or stayed over 180 days in the previous year etc.

J. J. Farrell

"Amanda" <[email protected]> wrote in message
news:[email protected]...
    > "J. J. Farrell" <[email protected]> wrote in message
news:<[email protected] hlink.net>...
    > > "SRT LP" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > I have a friend who lives in Estonia. She was in the USA 2 years back
on
    > > a
    > > > 1-year tourist visa when I met her, and since then we've talked a lot
and
    > > we
    > > > both want her to come here and "see if things work out" between us.
She
    > > > just applied for a 1-year tourist visa and it was granted, and I had a
few
    > > > questions.
    > >
    > > What do you mean by a "1-year tourist visa"? Tourist visas are usually
    > > valid for longer that that, often 10 years.
    > Are you serious?

Yes.

    > > A person using a tourist
    > > visa typically gets admitted for a maximum of 6 months at a time.
    > 6 months with 20 times extension?

I don't understand what you are asking.

Srt Lp

Bizrus,

Wow, thank you! That has to be one of the most helpful posts I have ever
seen on Usenet!!!!

Are you an immigration lawyer? Maybe you could forward your info to
fastturbovette at yahoo (dot com) and I could get in touch when we are ready
to go forward with this?

Thanks!


"Bizrus" <[email protected]> wrote in message
news:[email protected]...
    > Let's see your questions, one at a time.
    > Q) I have a friend who lives in Estonia. She was in the USA 2 years back
on a
    > 1-year tourist visa when I met her, and since then we've talked a lot
and we
    > both want her to come here and "see if things work out" between us.
She
    > just applied for a 1-year tourist visa and it was granted, and I had a
few
    > questions.
    > A) The 1-year visa does not mean that she can stay in the States for one
year.
    > It means that she can travel to VISIT the States within that period.
    > What limits the length of the stay of someone on a "Visitor" (tourist)
visa
    > is the I-94 stamped by an Immigrations officer at the port of arrival.
This
    > officer is who determines the length of the stay, not the visa on the
    > passport.
    > For tourists, the maximum length of stay is 6 months, although it may
be
    > less than that.
    > For business, the length of the stay is usually of 2 weeks.
    > All stays can usually be extended by filling a petition before the US
    > Citizeship and Immigration Services
    > (http://uscis.gov/graphics/howdoi/extendstay.htm)
    > In any event, this is an excerpt from the USCIS Web site regarding
Fiancé
    > Visitors:
    > Fiancé(e)
    > The Immigration and Nationality Act (INA) provides a nonimmigrant visa
    > classification, "K-1", for aliens coming to the United States to marry
U.S.
    > citizens and reside in the U.S.
    > Requirements
    > A U.S. citizen must file an I-129F petition with USCIS for the issuance
of
    > a K-1 fiancé(e) visa to the alien fiancé(e).
    > Both the U.S. citizen exercising this option and the fiancé(e) must
remain
    > unmarried until the arrival of the fiancé(e) in the U.S.
    > The alien fiancé(e) and U.S. citizen must have met personally at least
once
    > in the two years before the petition was filed.
    > The marriage between the U.S. citizen petitioner and the fiancé(e) must
take
    > place within three months of the fiancé(e)'s arrival if the alien
fiancé(e)
    > is to remain in status.
    > For more information on sponsoring a foreign fiancé(e), please see How
Do I
    > Bring My Fiancé(e) to the U.S.?
    > (http://uscis.gov/graphics/howdoi/fiance.htm)
    > Obviously, the key questions here are:
    > Have seen her at least once in the last two years?
    > Are you an US Citizen or a Cuban resident?
    > If the answer is yes to both qestions, she may have no problem to come
to
    > the States on a Fiancé Visa and marry you (or go back to Estonia in 90
    > days).
    > Q) Can she get a drivers license here? She has no license in Estonia, but
if
    > she is here for a year, she is going to have to drive. I'm wondering
if she
    > should get it now before she comes and either drive on it here (which I
    > believe is legal) or get some sort of converted license or temporary
license
    > when she gets here.
    > A) If she has an Estonian Driver's License, she can apply for an
International
    > Driver's License. These licenses are usually issued by the local
Automobile
    > Club or Rotary Club. In some countries, the local Federal Goverment
also
    > issues these licenses.
    > Nationals from certain countries can drive in the States with their
local
    > Driver's License for up to three months. Tell her to enquire at the US
    > Consulate in Estonia if Estonians can do that.
    > In most States, the correspoding Drivers' Licenses office will require
her to
    > show at least two pieces of identification with a picture on them (her
    > passport and her Estonian Driver's License, for instance), along with
the
    > stamped I-94 card. They may then issue a driver's license valid for the
    > approved length of stay.
    > If she does not have an Estonian Driver's License, she may be required
to
    > attend the DUI school for first time drivers. If she alread has an
Estonian
    > Driver's License, she may avoid that step.
    > She will have to pass the vision test and take the written test and
driving
    > tests. If she has never driven before, it is advisable for her to go to
a
    > local driving school.
    > Q) Can you get a social security card on a non-immigrant visa? If she
can,
    > then she can get a drivers license. On the social security website, it
    > appears they "may" give one if you "have a good reason" but if you are
on a
    > tourist visa the card will say you cannot work. What do they consider
a
    > good reason? Is "so I can get a drivers license" a good reason?
    > A) No foreign person can obtain an SS card, unless authorized by the
USCIS.
    > The Driver's License, as explained above, can be obtained without SS
card.
    > Q) I need to talk to her to see exactly if this is a B1 or B2 visa. I
think
    > its a non-immigrant work visa. Does this allow her to GET a job, or is
it
    > really meant for employees of foreign countries to come here for their
    > existing job?
    > A) Foreign persons on a Visitor visa cannot work in the States.
    > They can conduct business for their local companies during their visit
but
    > they cannnot be paid by any local company.
    > Accepting a job with an US employer without USCIS authorization makes
that
    > person deportable.
    > Q) If things DO work out, can I apply for a fiancee visa WHILE she is in
the
    > USA on a tourist visa? Or would her nonimmigrant visa expire as soon
as the
    > fiancee visa was applied for requiring her to return to Estonia until
it was
    > approved/denied. And if she would be able to stay if I applied for a
    > fiancee visa, how does that change the drivers license question? I
mean if
    > she CAN'T get one on a tourist visa, what about on a fiancee visa?
    > A) If she is already in the States on a Visitors visa and you decide to
marry
    > her, you simply marry her. After that, go to an immigration lawyer who
will
    > help you in presenting the case before the USCIS. This step is very
important
    > because she has just arrived and you do not have childrem toghether.
You can
    > file the necessary paperwork yourself and pay the required fees to the
USCIS.
    > However, they may look into your case very carefully. A lawyer
specialized
    > in immigration will make sure that you do not say what you shoud not
say or
    > you omit what you should say.
    > Q) She's going to be here for a year, and I can't imagine not being able
to
    > have a SSN number and card... she wouldn't be able to have a bank
account,
    > drivers license, checkbook, credit card, etc, etc. Seems like nobody
could
    > live for a year in the USA without any of these services.
    > A) Visitors are just that, visitors. You do not need the SS card unless
you want
    > to work. In this regards, there are many exchange programs, such as the
    > hotel industry, that allow foreign students to stay and work in the
States
    > for up to a year.
    > She can also apply for an H1-B1 visa if she qualifies and she already
has an
    > empoyer that wants to sponsor her. She will only be able to work for
her
    > sponsor. If she wants to change employers, she can do so to, but she
will
    > have to file the papers again.
    > If she works for a company that has a branch or a main office in the
States,
    > she could apply for an L1 visa, but only to work for that company.
    > Regarding the bank account, you can open a bank account in the States
even
    > if you are not in the States. My in-laws live in South America, they
are not
    > citizens or residents and they do have a bank account in the States, so
do
    > other friends of mine. Each bank and State may have different minimum
    > requirements for that, so check with your bank. The FBI also has
regulations
    > regarding opening bank accounts for foreigners.
    > Q) The final twist to all of this... I am not a citizen myself. I have
lived
    > here for 18 years though (moved here as a child from the UK - all my
    > schooling was in the USA). I know I am "past the time limit" where I
can
    > now apply for citizenship. So what is the time required from when I
apply
    > to be naturalized until I become a citizen? And when I become a
citizen, is
    > there a delay until I get citizens rights, such as the ability to apply
for
    > a fiancee visa?
    > A) Only Cuban nationals can provide their spouses legal residence through
    > marriage when they are still residents (not yet citizens).
    > In your case, if you are not an illegal alien, and you have been a
legal
    > resident (Green Card holder) for at least five years, you can apply for
    > US Citizenship. You can download the forms from this link:
    > (http://uscis.gov/graphics/formsfee/forms/n-400.htm)
    > The process is quite simple. Download the PDF, print it, complete it,
and
    > send it with a $260 money order to the address indicated in the form.
    > It is currently taking more than a year to be approved and several
months
    > before being called to take the Citizenship test. After that, it will
be a
    > few more months before the ceremony in which you will be sworn as a US
    > Citizen.
    > For more information, go to this link and downlod the Guide to
Naturalization
    > document:
    > (http://uscis.gov/graphics/services/natz/English.pdf)
    > Q) Last question, I promise! I believe part of the fiancee visa is an
    > affidavit of support. Only thing is, I am co-owner of an electronics
    > company, and I try to keep lots of expenses (my car, etc) in the
business
    > name, and take a lower salary for tax purposes. I've heard there is a
    > minimum you need to make to be considered able to support someone.
What is
    > that amount, and how long do you need to have been earning it to be
    > considered able to provide such support? I'm wondering if I need to
    > immediately raise my salary so that next years tax return will have a
higher
    > salary so that the affidavit would be accepted, etc.
    > A) If you form an LLC (Limited Liability Corporation) you only have to pay
taxes
    > once. With a normal corporation, you have to pay corporation and
personal
    > taxes. In any event, consult a tax lawyer on this.
    > The Naturalization Guide will explain the affidavit process and you can
    > consult with USCIS Web site regarding the current minimum salary and
bank
    > account balances to be able to sponsor your spouse.
    > Q) Thank you so much for any input. I figured I'd get some direction
before I
    > go and spend a lot of money on an immigration lawyer.
    > A) Don't be cheapy! Most immigration lawyers would charge from nothing to
$100
    > for a consultation visit. In addition, what you pay for those visits is
    > usually credited toward the totall fees.
    > Some notes regarding immigration lawyers.
    > a) Get an immigration lawyer from Miami, Texas or Los Angeles. They know
all
    > the tricks. The ones up North are prone to costly mistakes.
    > b) Get a lawyer that specializes in Immigration Law. Those who also do
divorces,
    > civil suits and/or criminal, are not well prepared for the task.
    > c) Always get references from actual customers; friends of yours, if
possible.
    > d) Be prepared to be on top of things and to constantly bug your lawyer.
They
    > tend to leave everything to the paralegals and, sometimes, they lose
track
    > of things. A mistake and your case goes down the drain.
    > e) Become a friend of the paralegal, if any.
    > f) The lawyer's fees do not cover expenses, USCIS fees, fotos, FedEx,
    > fingerprint fees, etc. Put money aside for that too.
    > Good luck to you!

Srt Lp

    > A) She cannot get a license on a tourist visa. The most she can do is
get an
    > international driver's license from Estonia, but those are usually valid
only
    > six months.
    > B) You are assuming she will be able to stay here one whole year! Where do
you
    > make such an assumption from? What if she is given a two month stay at the
POE?
    > Ever think of that?

I didn't think of that - I was unaware that the POE can grant various entry
durations. Sounds from what folks are saying it would be 6 months... but
she could come for 6 months and then leave and come back within a year as
long as that visa is valid??? Or is it generally one six-month visit and no
more?

    > C) She cannot get an SSN. She cannot get an ITIN any more either. The IRS
has
    > cracked down.
    > D) She will be a tourist here and will get no benefits accorded to people
on
    > other visas.
    > E) In order to marry and sponsor her in a reasonable time, you should
become a
    > US citizen soon. It may take a year depending on where you live. You need
to
    > make at least 125% of the poverty level. More is bette,r of course.

I will look into that - thank you!