Visa to the USA - Thai wife of 11 years, Daughter of 10

[buckrogers]

Hi. I'm new to the forum, but not new to Thailand. I've lived here for almost 18 years. (I'm American, 42yo)

 

My Thai wife of 11 years and daughter (holds a USA passport, the visa is only for my Thai wife) of 10 years and I wish to go back to the US to live a couple of years.  My marriage and daughter's birth were all registered with the US Embassy as they occurred.

Possible Cons to our story: My wife has been a housewife the entire time, therefore she does not have employment history or a bank account with anything significant happening.  Also, my financial history and status are quite humble. Nothing I would consider affluent.  I've worked online for 23 years, so I don't have a fancy business card or resume either. I simply wish to go live for a bit in the USA with my family. (Myself, Thai wife and American-passport holding daughter)
 

My question: Are these facts going to get her visa rejected or will my own perceived notions that our lengthy marriage and American-passport-holding daughter will have the Embassy granting her a visa?

In your experiences are the clearly detracting facts (her lack of jobs, bank history) going to trump (easy! heh) the lengthy marriage and daughter statuses?

We truly don't intend to live there for more than 2 years. Should I be going for a Marriage type of visa or a tourist kind?

I apologize if this has been asked before, I didn't see anything matching my circumstances exactly in the first few pages of the forum.  If you could put yourself in my shoes and tell me how you recommend going about this, would be tremendous!

Lastly, an idea of how long the entire recommended process would take would be great too. Thank you.

 

Edited July 27, 2018 by buckrogers

[GinBoy2]

If you live in Thailand go for an IR-1. since you live in Thailand you can submit the petition at USCIS in Bangkok, greatly shortening the process.
As for the tourist visa, well thats a crap shoot you never can tell, and the housewife thing doesn't ever seem to go well

When we did an immigrant visa for my wife it took exactly 100 days from me filing to her getting approved at the interview. I'd suggest it's a lot less risky.

Remember as an American citizen, by law, you are entitled to bring your spouse to the United States.
It's an objective process, rather than subjective with a tourist visa...unless of course she's some previously convicted drug dealer or the like, then all bets are off!

The plus of doing it this way, she'll enter the US with a green card, SSN, and after that can come and go at will

Edited July 27, 2018 by GinBoy2

[GinBoy2]

One other thing to add. Going down the immigrant route, if she gets her green card, it's only 5 years wait and she can become a citizen.

After that, you, your child and her will all have US passports and never have to deal with immigration issues again

Edited July 28, 2018 by GinBoy2

[buckrogers]

Thank you, Ginboy, for the information. Now let me throw this potential monkey-wrench into the equation:

 

She was in prison for 1.5 years for a DUI resulting in multiple deaths.

 

I understand this looks bad, but what I understood from the gov't website they're mostly concerned with offences such as trafficking (and I would assume violent crime).  I suppose what I'm essentially asking is if you or anyone else with knowledge of the thought process behind approval read or understand that an incarceration for a non-violent/non-drug (yet serious) offence like this would be a huge red flag.

 

Lastly, you say it took 100 days for the approval.  How long after that until you received the visa? The State Dept website says around 2 months should be allowed for this. Maybe thinking this far ahead is premature based on what I said above? ?

 

 

 

 

[GinBoy2]

Answering some of this is above my pay grade.

The simple stuff first. With regards to the timing. Literally, 103 days from me submitting petition until her passport was returned with the visa..

The prison sentence, that could be a killer. art of the process is to obtain a clean police clearance certificate. That could screw it up, but I would suggest talking to an immigration attorney in Bangkok. I 'think' what the US cares about is drug dealing, prostitution, human trafficking offenses, but again I'm not an immigration attorney.

What you need to confirm is that she can obtain the police clearance

Edited July 28, 2018 by GinBoy2

[buckrogers]

Thanks again!

 

Can someone recommend a decent immigration lawyer in BKK?

Also, if anyone else can add to this it would be greatly appreciated.

[Time Traveller]

6 hours ago, GinBoy2 said:

Answering some of this is above my pay grade.

The simple stuff first. With regards to the timing. Literally, 103 days from me submitting petition until her passport was returned with the visa..

The prison sentence, that could be a killer. art of the process is to obtain a clean police clearance certificate. That could screw it up, but I would suggest talking to an immigration attorney in Bangkok. I 'think' what the US cares about is drug dealing, prostitution, human trafficking offenses, but again I'm not an immigration attorney.

What you need to confirm is that she can obtain the police clearance

No, actually much more than just that. While criminal record is not a deal breaker, it's crimes of moral turpitude that are.

Simple DUI, generally does not fall under that category...but they will ask about the circumstances of the crime regardless of the offence and need court records. Based on the circumstances of what the OP said, it's difficult for anyone to advise the outcome. A prison sentence longer than 12 months is a red flag, especially if ocurred within the previous 10 years. 

However, you need to decide how long you plan to spend in the US..

If less than 2 years, a tourist visa might be sufficient, and easier to obtain. 

If you want to go the permanent residence visa - with working rights -  this may take longer as GinBoy explained, but would qualify to apply for citizenship after 3 years of residence, then generally another 12 to 20 months waiting for approval. However, to apply for citizenship, all the old convictions will be brought up again for examination, and there is no guarantee that immigration would approve your wife's citizenship application even though a foreign embassy granted her right to immigrate previously. (of course that's not an issue if you plan on moving back to thailand anyway)

It's a tricky situation, and unique circumstance. Good luck buckrogers

 

[GinBoy2]

10 hours ago, Time Traveller said:

No, actually much more than just that. While criminal record is not a deal breaker, it's crimes of moral turpitude that are.

Simple DUI, generally does not fall under that category...but they will ask about the circumstances of the crime regardless of the offence and need court records. Based on the circumstances of what the OP said, it's difficult for anyone to advise the outcome. A prison sentence longer than 12 months is a red flag, especially if ocurred within the previous 10 years. 

However, you need to decide how long you plan to spend in the US..

If less than 2 years, a tourist visa might be sufficient, and easier to obtain. 

If you want to go the permanent residence visa - with working rights -  this may take longer as GinBoy explained, but would qualify to apply for citizenship after 3 years of residence, then generally another 12 to 20 months waiting for approval. However, to apply for citizenship, all the old convictions will be brought up again for examination, and there is no guarantee that immigration would approve your wife's citizenship application even though a foreign embassy granted her right to immigrate previously. (of course that's not an issue if you plan on moving back to thailand anyway)

It's a tricky situation, and unique circumstance. Good luck buckrogers

 

Agree with all.

 

I do seem to recall that even in the tourist visa you have to state whether or not you have any criminal convictions. Now 'if' that would ever be found out as part of the application who knows, but lying probably would store up trouble for the future.

 

Regardless of what the OP chooses to do, professional advice, rather than us Barrack Room Lawyers, is probably needed for this one

[JLCrab]

https://www.immihelp.com/visas/ds-160-form/security-background-information.html#criminal-information

[GinBoy2]

11 minutes ago, JLCrab said:

https://www.immihelp.com/visas/ds-160-form/security-background-information.html#criminal-information

Yeah, thats kinda how I remembered the 160 form.

 

It get’s you back to the first paragraph, yes been convicted of a crime, how thats viewed really none of us can tell, unless of course there is a TVF member with a similar story

[JLCrab]

From the same not US government website:

All of these questions check for the grounds of inadmissibility. If you check 'Yes' for any of them, you will be denied the visa. In rare cases, a waiver may be available and you should talk to a competent immigration lawyer to discuss your case with you to see whether any such waiver may be possible

[GinBoy2]

Again, this is one of those situations where as much as I hate the attorney profession, tourist, immigrant whatever he wants, legal advice is going to be required.

After saying that, 'if' the legal conviction can be got around, then I'd still go down the immigrant route rather than tourist.

If you are going to spend the money why do it for a tourist visa than a permanent resident?

Time wise, 3 months in the scheme of things isn't so bad

[JLCrab]

DUI resulting in death in US is (?) manslaughter not 'simple DUI'. He doesn't say when this occurred which may be mitigating factor on any waiver request.

Edited July 29, 2018 by JLCrab

[GinBoy2]

He's got a tough one here, not simple for sure

[GinBoy2]

On 7/29/2018 at 12:47 PM, JLCrab said:

DUI resulting in death in US is (?) manslaughter not 'simple DUI'. He doesn't say when this occurred which may be mitigating factor on any waiver request.

Gotta say, in most US States, if you got away with only 1.5 years behind bars for vehicular manslaughter, you’d be thanking your lucky Buddha!

[utalkin2me]

My Thai wife became a citizen. I am not some troll or anything, justmgiving advice. Honestly, a pimple could set off months of paperwork and waiting during the citizenship process. It is such a delicate process, anything can turn into a huge red flag. But you are going in with a monstrous red flag. I personally would not even try that route in your position.

 

What I would advise is go for the tourist visa all out and just leave it at that. Forget the citizenship, especially because that was not even part of your plan anyway. She will most likely want to come home after six months anyway. 

Edited August 7, 2018 by utalkin2me

[55Jay]

On 7/28/2018 at 4:31 AM, GinBoy2 said:

If you live in Thailand go for an IR-1. since you live in Thailand you can submit the petition at USCIS in Bangkok, greatly shortening the process.
As for the tourist visa, well thats a crap shoot you never can tell, and the housewife thing doesn't ever seem to go well

When we did an immigrant visa for my wife it took exactly 100 days from me filing to her getting approved at the interview. I'd suggest it's a lot less risky.

Remember as an American citizen, by law, you are entitled to bring your spouse to the United States.
It's an objective process, rather than subjective with a tourist visa...unless of course she's some previously convicted drug dealer or the like, then all bets are off!

The plus of doing it this way, she'll enter the US with a green card, SSN, and after that can come and go at will

Wow, I didn't know about this IR1 category.  Was your wife eligible for work authorization in the US as well? 

 

I'm starting to mentally prepare for an inevitable, eventual return, at least for a few years, to help take care of my Mom, who's tipping into her mid-70s now.  Was dreading the idea of going through the post-9/11 K visa process for the wife to go with me in order to stay longer than the US Visit Visa's 6-month duration.  Will do some more reading on this in the coming weeks.  Thanks for mentioning it.

[GinBoy2]

4 hours ago, 55Jay said:

Wow, I didn't know about this IR1 category.  Was your wife eligible for work authorization in the US as well? 

 

I'm starting to mentally prepare for an inevitable, eventual return, at least for a few years, to help take care of my Mom, who's tipping into her mid-70s now.  Was dreading the idea of going through the post-9/11 K visa process for the wife to go with me in order to stay longer than the US Visit Visa's 6-month duration.  Will do some more reading on this in the coming weeks.  Thanks for mentioning it.

Since they have a green card upon entry, yes they can work. The only thing you have to wait for is their SSN card to turn up in the mail. With hindsight I wish I'd not applied for the SSN on the 260 and just gone into the local social security office, I now believe thats faster.

 

Anyhow, this is a post I made previously that describes our experience

 

 

[lopburi3]

Do not believe a tourist visa would be easy to obtain (husband intends to reside in US is a huge red flag for a tourist visa entry) as main issue is to prevent change of status once in USA without going through the normal immigrant visa process.  

 

And even with a max 10 year tourist visa you are only allowed to stay in USA for reasonable tourist periods of time (normally that would be 6 months or less).  

[GinBoy2]

Tourist visa's are horribly tough, it's highly subjective and pretty much at the whim of the interviewing consular officer. Thats why I always would recommend the immigrant IR-1/CR-1 route if married

If you live in Thailand and can file in Bangkok, it's not a long process, and it's objective, just checking the documentation check boxes. You are entitled to bring your spouse to live in the US with you in the US, so long as she's not a nazi or drug dealer or the like

[TallGuyJohninBKK]

On 7/31/2018 at 5:02 AM, GinBoy2 said:

Gotta say, in most US States, if you got away with only 1.5 years behind bars for vehicular manslaughter, you’d be thanking your lucky Buddha!

 

God bless the Thai legal system in all it's glory. DUI resulting in multiple deaths = 1.5 years in prison.

 

Unfortunately, the U.S. doesn't typically treat such things so lightly...

 

[GinBoy2]

4 hours ago, TallGuyJohninBKK said:

 

God bless the Thai legal system in all it's glory. DUI resulting in multiple deaths = 1.5 years in prison.

 

Unfortunately, the U.S. doesn't typically treat such things so lightly...

 

I’m hoping that was a typo and rather than ‘unfortunately’ you meant ‘fortunately’ 

 

Maybe if there were some actual real consequences in the Thai legal system, you know real crimes unlike the defamation, 112 crap, it might actually stop some of the road carnage you see

[NCC1701A]

what are the tax ramifications for the op's wife if she gets a social security number?

 

[TallGuyJohninBKK]

33 minutes ago, GinBoy2 said:

I’m hoping that was a typo and rather than ‘unfortunately’ you meant ‘fortunately’ 

 

Maybe if there were some actual real consequences in the Thai legal system, you know real crimes unlike the defamation, 112 crap, it might actually stop some of the road carnage you see

 

 I meant, unfortunately for your and your wife's potential application.

 

[GinBoy2]

Oh I see.Think you're miss reading this. We're not the ones with the DUI, that'd the OP's wife

[GinBoy2]

39 minutes ago, NCC1701A said:

what are the tax ramifications for the op's wife if she gets a social security number?

 

 

25 minutes ago, TallGuyJohninBKK said:

 

 I meant, unfortunately for your and your wife's potential application.

 

 

39 minutes ago, NCC1701A said:

what are the tax ramifications for the op's wife if she gets a social security number?

 

If your spouse enters the US as an immigrant and  and therefore get’s an SSN and greencard, basicaly it’s no different to her being a US citizen for tax/work/residency purposes.

 

I file married jointly, same as I have with my ex.

[utalkin2me]

Thank you for correcting me on the tourist visas. I thought those would be the easiest, but I guess not. 

[GinBoy2]

Thank you for correcting me on the tourist visas. I thought those would be the easiest, but I guess not. 

Unfortunately I think the OP is pretty much [delete] no matter what route he choses.

 

That DUI with a vehicular manslaughter prison sentence is going to take some getting around. 

 

No matter what, an immigration attorney needs to be involved to get a waiver for tourist or immigrant visa.

 

Now, not that I’m arguing for this, but when you check that box on the tourist 160 stating that you have no criminal convictions...do they check? Who knows, but lying might, if at some point in the future (and who knows what the future holds) and he wants her to immigrate might store up a whole world of hurt