vinny

I am in a serious relationship ( 3 years) and we have tried twice for a tourist visa so she can come see where I live and meet the family. This lady is gainfully employeed as a teacher, owns her own home, and has strong family ties in Thailand. I will retire in Thailand and marry this lady in the future. The last attempt this month was another "NO". I was told by another American that his lawyer told him that 98% of the applications are denied. ( He and his wife were applying the second time and she was denied as well.)

What were the reasons for the visa denials?

Third-party accommodation support is acceptable. However, third-party maintenance support may be problematic.

Instruction for applying for a child’s Birth Certificate And requesting for an Electronic Passport

Thai Electronic Passport (E-Passport): Application Instruction for Thai Citizens over 20 years of age (including Loss of Passport)

See also Health Requirements and Immigration Panel Doctors > Thailand.

Travel without internal border controls

Thai-Russia Visa exemption

Be Patient

After a valid marriage, she should apply for a spouse visa from Albania. 284(i) prevents visitors from switching to spouse status in the UK.

As she's not reapplying for a visitor visa, there is no minimum exclusion period necessary for a spouse visa. However, What will happen when I make my application?

You should tell the Entry Clearance Officer the exact date on which you will be travelling before your visa is issued. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).

Frequently asked questions (FAQs):

How long will my application take?

If no interview is required, your passport should be returned to the application centre within 2-5 working days. If you need to attend interview we aim to provide an interview within 15 working days.

Unfortunately there will invariably be times - particularly at peak travel times- when we cannot reach these standards with all applications. Please help us to provide you with the best possible service by allowing sufficient time for your application to be processed. We recommend that you allow at least a month (for non-settlement) and 3 months (for settlement).

If you marry in Thailand, then you cannot marry in the UK, unless you're divorced or a widower.

She needs to apply for a B-2 Visa (Holiday visa). See also Visa Denials.

Visitor Visas - Business and Pleasure:

No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

Visitor Visas - Business and Pleasure (http://travel.state.gov/visa/temp/types/types_1262.html):

Visitors are not permitted to accept employment during their stay in the U.S

If you are considering marriage, then see also Spouse and Fiance(e) of an American Citizen (http://travel.state.gov/visa/immigrants/types/types_1315.html).

If she is considering employment, then see also Employment-Based Visas (http://travel.state.gov/visa/immigrants/types/types_1323.html).

For other options, see also Pulaski's Ways: How to Live and Work in the USA (http://britishexpats.com./wiki/Pulaski's_Ways:_How_to_Live_and_Work_in_the_USA).

Try her luck in the Green Card lottery (http://travel.state.gov/visa/immigrants/types/types_1318.html).

If you are British, then she needs to be in the UK for three years, unless the requirements changes.

See also Visa For Uk In Expired Thai Passport, What shoud we do now? advice sought

Entry Clearance:

If a passenger is a returning resident who requires an endorsement in a new passport the Immigration Officer may only endorse that passport with an open date stamp on arrival. The passenger would then be required to apply for a UKRP or travel with their previous passport.

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

284(i) and Section 1 - Spouses (3.1. Key points):

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

See also 21.4.7 - Dual nationals / Irish / EEA nationals holding settled status and 2. PROCEDURAL COMPARISON.

Your dad may provide accommodation support (at least one bedroom for your exclusive use and no overcrowding). However, third party maintenance support may be problematic.

She may take it at any time. Moreover, Knowledge of language and life in the United Kingdom > Knowledge of life in the UK: new requirements for settlement applications:

21. If I pass the ESOL course/test will there be a time limit or will the pass stand indefinitely?

A pass in either the knowledge of life test or an ESOL with citizenship course is not time-limited and will remain valid indefinitely. You can also use the result to help you meet the requirements for citizenship if you wish to take this further step in the journey.

Your Results Notification Letter is an important document. Please keep it safe as no replacement will be issued if you lose or damage it.

See also Visa Denials (WHAT CONSTITUTES "STRONG TIES"?)