Bring Thai wife to USA on Tourist visa after K1?

[malone76]

We went through the process of getting a K1 visa last year. It took 11 months. We went to the US about 2 months ago on that visa and got married in the USA. We were only there for 3 weeks and have no intention of living there so we did not apply for a green card for her. We live in Thailand and own a business here. It is a Thai corporation with her name on the papers as the director of the company. We legitimately just want to go visit my family this summer for a vacation for 2 or 3 weeks. Should she just apply for a tourist visa? Obviously, she has been there already and still has her K1 visa stamp on her passport. We can show that we live and work here in Thailand. She does not own any land or houses though, we rent our house. We just opened our business 8 months ago, so not a lot of history there. I'm trying to think of issues that may come up here. I'm looking for advice from someone who has a similar situation and what they did to travel to the US after the K1. Thanks for any and all advice.

[lopburi3]

Do not believe it would be a problem getting a 10 year tourist visa.  I had gone through INS clearance process (after marriage here) but we decided to stay here and had no issues getting tourist visa with the paperwork showing had been permitted to apply for immigrant visa.

[GinBoy2]

Why would you go through the time and expense of applying for a K1 then not go through the adjustment of status, especially if you had no intention of actually living in the United States!

That's just bizarre, why didn't you just apply for a tourist visa in the first place?

[jmd8800]

Can I ask how long you were married (Thai marriage) before you applied for the K1?

 

I have always wondered if I was to marry a Thai in Thailand if there would be problems getting her a simple tourist visa to visit the USA once a year or so. Obviously the K1 is another option.

[GinBoy2]

2 minutes ago, jmd8800 said:

Can I ask how long you were married (Thai marriage) before you applied for the K1?

 

I have always wondered if I was to marry a Thai in Thailand if there would be problems getting her a simple tourist visa to visit the USA once a year or so. Obviously the K1 is another option.

If you are married in Thailand, you apply for a CR1, not K1, that way your wife enter's as an immigrant with a green card

[spidermike007]

We were able to get a 10 year, multiple entry tourist visa, after we were married here in Thailand. The best piece of advice I got, was to have her bring your original passport with her, to the interview. They did not ask her for anything else. That was all they wanted. They did not look at the bank statements, the house book, or anything else. They spent five minutes carefully examining my passport. I think they saw that I travel back and forth quite often, and never stay more than 6 weeks at a time. And that convinced them, that she was not a threat to stay, which is their biggest concern. Not sure why anyone would want to stay in the US long term at this point, but that is another story, for another day. It was simple, fairly easy, and quick. She had the visa within a week or two. 

 

We have no interest in the green card, as we have no interest in living the US. 

[malone76]

46 minutes ago, lopburi3 said:

Do not believe it would be a problem getting a 10 year tourist visa.  I had gone through INS clearance process (after marriage here) but we decided to stay here and had no issues getting tourist visa with the paperwork showing had been permitted to apply for immigrant visa.

This is good to hear. So, did she get a K1 or did you only apply for it?

[malone76]

15 minutes ago, GinBoy2 said:

Why would you go through the time and expense of applying for a K1 then not go through the adjustment of status, especially if you had no intention of actually living in the United States!

That's just bizarre, why didn't you just apply for a tourist visa in the first place?

We did apply for a tourist visa first. She was denied because she had no house, income, etc. The adjustment of status takes time and you have to prove you are living in the US. We are not living there.

[malone76]

18 minutes ago, jmd8800 said:

Can I ask how long you were married (Thai marriage) before you applied for the K1?

 

I have always wondered if I was to marry a Thai in Thailand if there would be problems getting her a simple tourist visa to visit the USA once a year or so. Obviously the K1 is another option.

We were not married in Thailand. That's how we got the K1 fiance visa. You can't be married anywhere and get that visa....

[malone76]

7 minutes ago, spidermike007 said:

We were able to get a 10 year, multiple entry tourist visa, after we were married here in Thailand. The best piece of advice I got, was to have her bring your original passport with her, to the interview. They did not ask her for anything else. That was all they wanted. They did not look at the bank statements, the house book, or anything else. They spent five minutes carefully examining my passport. I think they saw that I travel back and forth quite often, and never stay more than 6 weeks at a time. And that convinced them, that she was not a threat to stay, which is their biggest concern. Not sure why anyone would want to stay in the US long term at this point, but that is another story, for another day. It was simple, fairly easy, and quick. She had the visa within a week or two. 

 

We have no interest in the green card, as we have no interest in living the US. 

Thanks for the response. I'm hoping to have a similar response from them. I've lived here for over 2 years. Yes, I want to convince them she doe not want to stay. We have our business, she has family here, etc. Any other advice for things we should tell them to convince them she does not want to stay?

[spidermike007]

24 minutes ago, malone76 said:

Thanks for the response. I'm hoping to have a similar response from them. I've lived here for over 2 years. Yes, I want to convince them she doe not want to stay. We have our business, she has family here, etc. Any other advice for things we should tell them to convince them she does not want to stay?

 

It will be her talking to them. You are not allowed to be part of the interview. She should tell them that she wants to meet your family, and they want to meet her. And that you guys love your life here, and have zero interest in living in the US. I wanted to go so far as encouraging her to say, "why would anyone want to live in the US these days, who does not have to? My husband already escaped, and has no interest in returning. The nation is beset with bitter, disenfranchised, disappointed, joyless people, and that is not much fun to be around. Besides it is obviously an empire on the wane, with horrendous leadership".

 

But, I think that might not be the most effective approach. LOL. 

[jmd8800]

44 minutes ago, GinBoy2 said:

If you are married in Thailand, you apply for a CR1, not K1, that way your wife enter's as an immigrant with a green card

Maybe I misunderstand your post but what I was wondering was if you are legally married to a Thai in Thailand and do not want an immigrant visa  and/or green card to the USA what are the options.

 

I don't plan on living in the US. She would have no need for an immigrant visa. A green card is also subject to certain requirements and one of those is showing the immigrant's intention to stay in the USA.

 

PS I'm not married so this is hypothetical question.

 

 

[lopburi3]

39 minutes ago, malone76 said:

This is good to hear. So, did she get a K1 or did you only apply for it?

We never applied for immigrant visa - only did the INS immigrant visa background checks for clearance to apply (visa is routine after getting approval).  Several years later decided to travel to US to meet family and obtained the tourist visa.

[Elkski]

Maybe not best place to ask but I thought it was harder to get a visa into USA  if you married in Thailand first rather than applying for K1?  You say it would be a CR1? I guess if the man and Thai wonan is wanting to  live in USA  getting married in Thailand may be risky if the man really wants to live in USA.  Then he would be married and not able to bring a wife rather than GF with him. 

[lopburi3]

The difference is if marriage in US the immigrant visa process can proceed with her staying there - same background investigation takes place in either case to approve the immigrant visa stay.  But if marriage overseas it could take many months before partner could travel to US (have to complete investigation process first).

Edited March 8, 2019 by lopburi3

[GinBoy2]

5 minutes ago, lopburi3 said:

The difference is if marriage in US the immigrant visa process can proceed with her staying there - same background investigation takes place in either case to approve the immigrant visa stay.  But if marriage overseas it could take many months before partner could travel to US (have to complete investigation process first).

Bit of a toss up.

The problem with getting married in the US is time it takes for the adjustment of status. If you marry overseas your spouse will enter the US as an immigrant and the green card and SSN card will show show up a couple of weeks after you land.

Enter on a K1, it'll probably be a year before she gets the green card. That's a bummer for work, drivers lic stuff.

Of course the other big variable is if you live in Thailand. That very fact makes direct consular filing possible and shortens the whole process to about 3-4 months