my friend and I have booked a roundtrip, flexible return flight from NY-south america. She is from spain and needs to fly here first so we can catch the flight from NY to south america. We will probably be in south america longer than three months, so the american embassy is saying she needs to get a visa in order to get a return ticket NY- spain after we come back from south america. she would like to get a one way ticket, but they dont allow it.
So, we thought about booking a roundtrip flight from spain to new york just so she can get here and get the tourist visa, then leave for south america with our roundtrip tickets before her scheduled return date to spain. they told her she cant do this at the embassy but maybe jsut because they have to say that? Has anyone tried this? will we have a problem if we try it? It makes sense to me to say that she changed her mind and decided not to return to spain, instead go to south america, but i dont know about the rules
Please let me know what you think, if you have any experience with this or any knowledge of visa rules i would greatly appreciate it.
thank you!
A couple of things are unclear:
She is from spain and needs to fly here first so we can catch the flight from NY to south america.
--you have, of course, looked into the possibility of her flying directly from Spain to South America and meeting up there. That would be even cheaper for her. You have apparently eliminated that possibility. Why? Because you already booked other tickets, via the U.S., before sorting out the visa situation?
So, we thought about booking a roundtrip flight from spain to new york just so she can get here and get the tourist visa, then leave for south america with our roundtrip tickets before her scheduled return date to spain. they told her she cant do this at the embassy
-The Consular Section at the Embassy in Madrid said she could not get a visa if she had a roundtrip Spain-NY r.t. ticket and a second ticket r.t. for NY-South America? why would they even know about that second ticket? Because she be permitted just one entry into the U.S. on her visa? Maybe she should request a visa interview at the embassy and ask there (of course, in some places the wait is extensive, which could complicated your purchase of tickets). Is she in Madrid? If not, maybe she could also try the Consulate in Barcelona in case she can find someone more knowledgeable or helpful.
You do not say how much time she plans to spend in the U.S. If just transiting to get to South America, aren´t there transit visas?
Why would she need a US visa for a 3 month + stay in South America? There's been lots of problems with people visiting adjacent countries and re-entering the US, but I don't believe South America falls under that definition. She can enter on a visa waiver on the way over, and another on the way back. Many people trasit the US between Europe and Latin America because often it's the best/cheapest option, with a relative lack of direct flights. I'm just curious, why does the embassy say she needs a visa?
She may be eligible to enter the USA under the Visa Waiver Program and not need a B1/2 tourism visa. However, she must meet those requirements. You can research this on the US government site: www.travel.state.gov look for Traveling without a visa.
If she has a criminal conviction, if her passport is not machine readable, if she has been denied entry to the USA, and some other reasons are things that would not allow her entry under VWP.
they are saying she needs a visa because she would book her flight from Europe to NY on June 27th and the return NY- Europe would be more than three months later because we would be in South America for longer than three months. But her passport will get stamped when she leaves for south america with me on July 4th so she won't be staying in the States so it seems like she shouldnt need the visa right?
The travel agent suggested booking a flexible roundtrip Europe to NY flight, so she can say she is returning before 3 months when she arrives, so she can have the normal tourist visa, and then when we leave for south america, she can change the date and leave NY a few days after we return from South America. Do you think this will work? thank you for your help
I think #2 has it right:<blockquote>Quote
<hr>She can enter on a visa waiver on the way over, and another on the way back. <hr></blockquote>This is really a case of two entries and two exits. It shouldn't matter whether she spends three weeks in South America or three years. Just be sure to hand in the form to the airline personnel when boarding the flight to South America. Sometimes they fail to take them, meaning there would be no proof that your friend ever left.
Many people transit through the USA on their way to South America "entering" under the Visa Waiver Program, and then return more than 3 months later under a separate Visa Waiver Program entry. If they is your travel agent, then she is not correct.
I don't think she needs any visa if she meets the requirements of the VWP. Maybe check with the airline. They are the ones that initially check the passports for validity to allow you on the plane.
The flight to South America within 90 days is proof for the immigrations folks that you won't be staying longer. Just make sure she has a copy.
Normally when countries require it, you need proof of a return OR onward ticket. They want to make sure you're going to exit the country before your visa/stamp expires. They don't care whether it's back to Spain or onward to South America. You shouldn't have any problems.
I'm finding it a little hard to understand your situation, but I think:
on the outward journey she will be OK for a visa waiver with a one way ticket Spain-US and the outward leg of a round trip ticket US - South America.
on the return journey there will be problems - she has a ticket South America - US but no ticket home to Spain. Therefore no visa waiver this time - a visa will be needed.
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