A US visa for (Thai) wife who'a also a caregiver

[burlap]

I'm an American who's lived in Thailand for about 7 years now (on retirement extensions) with my Thai girlfriend.  We got married about 3 years ago. I need to go to the US for some medical treatment. I can't get insurance in Thailand because of pre-existing conditions, so I need to go to the US where I'm covered by Medicare.  I have a serious condition, and I rely on my wife for assistance.  The thought of traveling without her is terrifying and could be quite dangerous for me.  I thought that if I could explain our situation it might help my wife get a tourist visa.

 

But some friends have advised me the opposite is true.  The embassy would look at my wife being a caregiver for me as a form of employment which isn't allowed with a tourist visa.  In fact, if she were to apply for a marriage visa in the future it may be rejected because there would be an entry in a database saying she was denied entry in the past for trying to obtain a tourist visa while planning on working (as my caretaker.)

 

She's unlikely to be granted a tourist visa on her own.  I feel like I'm stuck between a rock & a hard place.  I really need this medical work, but taking this trip alone is really, really a bad idea.

 

Does anyone have any experience with this sort of thing?

[Puchaiyank]

Have you thought about just being honest...

 

You need to return to the US for medical treatment and want to take your wife with you...

 

Do not appear desperate...immigration can smell fear...

[bluesky3000]

How long is this medical trip?? Is it very long?

[CurtisR]

Be honest with the consular officer and within the application. 

 

Tourist visa's are not meant for long term (less than 6 months) and your wife will need to show that she will leave the US within 6 months.  Having a good and stable job and owning properties in Thailand would be good evidence but then the husband is going to be the US.

 

If she wants to stay longer, may be you should just go ahead and apply for the immigration visa  for a spouse? It will probably take a year to get all the paper work though.

 

 

 

[GinBoy2]

54 minutes ago, CurtisR said:

Be honest with the consular officer and within the application. 

 

Tourist visa's are not meant for long term (less than 6 months) and your wife will need to show that she will leave the US within 6 months.  Having a good and stable job and owning properties in Thailand would be good evidence but then the husband is going to be the US.

 

If she wants to stay longer, may be you should just go ahead and apply for the immigration visa  for a spouse? It will probably take a year to get all the paper work though.

 

 

 

This might be one where consulting an immigration attorney might be a good idea.

 

A lot might depend on what medical stuff is required, the time to recover, and whether of not at the end of it return a to Thailand is even an option.

 

If the latter was even a possibility, I'd apply for a CR-1 or IR-1 immigrant visa, just in case he ends up unable to return to Thailand. 

 

As for the time for that, you would need to apply quickly before USCIS in Bangkok gets closed down. So long as you are still able to do a Direct Consular Filing for an immigrant visa in BKK, its 100 days start to her getting a visa.

 

But again, so many variables and unknowns, I'd seriously suggest getting professional advice.

 

We TVF keyboard warriors are but amateurs, if well meaning amateurs, but with limited knowledge over and above our own personal experiences  

[burlap]

Thank you, now to start a lawyer search.

[GinBoy2]

10 hours ago, burlap said:

Thank you, now to start a lawyer search.

I would recommend TSL Thailand. 

Pretty efficient, not too expensive, we used them to do my wife's CR-1, mainly because I was lazy!

 

That being said, Virginia the owner is from Las Vegas, and laid out all our options, and I'm she would be able to give you good advice on what direction to take.

 

http://tslthailand.com/