My Thai wife's US travel visa declined

[Banana7]

The OP needs to get a data dump of all data pertaining to the visa application from the Consular Consolidated Database (CCD). Get it directly from CCD in writing on paper. It contains the IO's notes, logic, details, analysis and decision as to why the visa was refused. The refusal letter is just a computer generate form letter where the IO ticks boxes for refusal and does not contain all of the details or logic that the IO acted upon. 

 

For example, the IO may have run a credit report or Police report on the candidate and found good reasons not to admit the candidate. The IO will never tell you these major reasons.

 

The candidates fingerprints and photo were taken when applying for the visa. Those markers may have hit some unspeakable connectors. Again, the IO will never reveal those reasons to you in the refusal letter, but they will be in CCD.

 

Please note that CCD has bi-directional dataflow with many other databases, such as Echelon databases, Consular Lookout and Support System (CLASS), Automated Fingerprint Identification System (IAFIS),  Automatic Biometric Identification System (IDENT ) and many others.

 

Edited August 16, 2019 by Banana7

[Bangkok or bust]

1 hour ago, FredGallaher said:

I don't see any problem, but she needs to be able to explain the change. It's simple like saying, "I need to see if I fit in so was originally looking at a tourist visa but getting getting an immigrant visa would allow me to stay. (Maybe add) I've heard both good and bad things about the US, but my husbands family is very supportive so I'm almost certain things will be fine".

If she knocks the US in the interview she has little chance, just like knock Thailand at Thai immigration and see what happens.

Good points, thank you.

[thailand49]

11 hours ago, Bangkok or bust said:

My wife owns 2 homes and has a very good job, also she speaks perfect English having graduated from ABAC . I am a stay at home dad since October 2018. As I was advised by the US attorney, they considered her ties to America too strong, being married to me and having a US citizen child. The ties to America must be very weak. The strong ties to America outweigh the strong ties to Thailand. It's BS, but it is what it is. 

Go back and read my post again.  In my brother case he was married to a Thai for 6 years and a U.S. Citizen child 2 years old at that time. There are many factors it might not make since to you one might outweigh another. I'm not going to go into detail but what you stated all these documents can be obtained illegally I know that for a fact do to my own background and my brother.

In both our cases except for me the child was Thai, as noted she had 10 rai of land given to her by her family which earns money being rented out with my help in her name she had a 5 million baht home, another 3 million baht in rental income plus a joint account of 15 million baht.

 

In spite of that it was considered I was still basically her sole supporter add up the amount she has on paper minus 30 exchange rate that is a drop in the bucket. Yes your ties are strong in the U.S. thus the reason she was decline, it doesn't take much to hire an attorney and hold up the process once she is in the U.S. this was told to me first hand inside the Embassy in a private meeting as to what the criteria are.

 

Curious!  you mentioned " stay at home dad "  what is your age and are you retired and living in Thailand do you have an retirement extension?  that is a huge factor! 

 

You mentioned an U.S. Attorney, does that person practice in the U.S., if so you are working backwards a bit unless that Attorney has a firm in Thailand. I had a very good friend that I grew up with just happened to be an Immigration Attorney gave me lots of great advice but she told me what my and brother needs we should use a lawyer in Thailand thus the reason I got the contact I mentioned Attorney in Bangkok across the Soi from the Embassy.

 

In the end, you might not think you are fighting it I've been through it and I do know each day I live in Thailand talk with Expats how many sound like you don't fight it get into the game and by saying that doesn't mean you are going to get a tourist visa but without going into all the details about yourself what is your current situation and what your plans to stay in Thailand matters maybe not to you at this point which I don't or can't discuss right here for everyone to see but going for an Immigration Visa or Green Card for her might be more advantage in the long run regardless if you plan to stay in Thailand or not.

 

If you want suggestion further PM me but I will need more information regarding you status otherwise good luck.

[brianthainess]

14 hours ago, lopburi3 said:

That is a simple translation and registration at MFA - no lawyer required.  

MFA what is that please, marriage foreign office ??

[SoonOh]

Why not invite your parents to Thailand? 

My friend did. His farther is 85yo and mother 80yo. 

[brianthainess]

Just now, SoonOh said:

Why not invite your parents to Thailand? 

My friend did. His farther is 85yo and mother 80yo. 

Or try canada ????

[lopburi3]

1 minute ago, brianthainess said:

MFA what is that please, marriage foreign office ??

Ministry of Foreign Affairs (same people who record Embassy marriage letter) for legalization of Thai documents/translations.  

http://www.mfa.go.th/main/en/services/16265-Naturalization-Legalization.html

[Banana7]

Inquiring with your US Congressperson is a good route. You can also request a CCD data dump about the visa, making a freedom of information act request at

https://foia.state.gov/request/foia.aspx

[Bangkok or bust]

8 hours ago, GinBoy2 said:

This is true, no US citizen has the right for their spouse to be granted a tourist visa. However a US citizen does have the legal right to petition for a immigrant visa for their spouse, which unless there is some underlying problem with the spouse, convictions for drugs, prostitution etc, get granted as a matter of ticking the boxes.

 

I think what goes through the CO's mind when the spouse of a US citizen applies for a tourist visa is, that without being able to demonstrate strong ties to Thailand, that they enter the US with you, then apply for an adjustment of status while in the United States, thereby attempting to circumvent the immigration process 

This CO didn't even want to see any of here clearly strong ties to Thailand. it was like the decision to deny the visa was already made before she even got to the building.

 

she also said he was very rude and kind of tossed her passport towards her on the table.

[Handsome Gardener]

13 hours ago, rwill said:

I love how you have to pay first and then if denied they keep the money.  I bet they have a quota of refusals to meet to generate more revenue.

Exactly that - if its refused for technical reasons then the money should be returned, if because the applicant has made a foul up/lied then ok its forfeited.

 

In the UK they use to pull that scam a lot - however then they simply refused the right to appeal at all! Even if the embassy have fouled up big time, their decision is final. You have to start each time with a new application and yep a new application fee. Of course there's quotas - of course its a scam.

 

I have been told in the case of the UK, whereas they would previously issue it taking the whole application into account, now they just look for the first reason to refuse and the rest will not even be read.

[thailand49]

7 hours ago, FredGallaher said:

I personally would waist more time and would write my congressman back home. Include enough details for he/her to work with. The US consulate officers are required to answer congressional inquiries within a specific time frame. Senator are even shorter. There are congressional staffers who only do inquiries so it no big deal. 

In the past I've done it twice, but not US immigration. Once for US army back pay (they were stonewalling me with bureaucratic BS) when I was discharged and once for VA tuition at school. Worked wonders. 

I suggest you contact your US congressperson first, with an inquiry. I say that you request intervention because you aren't getting straight answers. That you want to do everything correctly but need some help with getting answers. I'd ask to have the US consulate explain why your wife is denied and what can be done to solve your problem. 

All the advise here is good but won't work unless it gets you face to face with the US consulate officer. Believe me they must respond to Congressional inquiries and don't want to say they can't help. 

I understand what you are saying in my particular case yes I did get a face to face and more.

[spidermike007]

On 8/15/2019 at 5:50 PM, JimmyTheMook said:

 

Absolute BS post - they could care less about the stamps in your passport.

 

To the OP - write or email to your local congressman back home and send a copy of the email to the bottom feeding scum at visa counter services dept.

 

 

You could not possibly be more wrong. They wanted to establish a history of me coming back and forth, and they were very interested in the stamps in my passport. My wife told me they took about 6-7 minutes thoroughly examining my passport. That was all they looked at. So, next time, before you pronounce your judgment, try to talk to people with experience, instead of blowing a lot of hot, fictitious air. Nobody needs your ignorance. 

 

I was forewarned by a friend to do this, and the first thing he asked for in the way of documentation, other than the application, was my original passport. So there you go.

[La Migra]

Lots of good advice in these posts, and some really bad.

As you have discovered, there is a presumption by US Govt. that people want to live in the US.  That is the first rule in evaluating temporary visas.

As you have decided to move onto the immigration route, USCIS will review application before it goes to embassy for visa interview. USCIS has office in Bangkok, but plan is to close that office end of the year. So best to start the process sooner than later, as local office is able to respond faster than the Centers in Nebraska, California, Vermont....

Writing your representative is always an option, but honestly, a denied tourist visa is not a big deal in the overall scheme. Then, in a catch-22, if you write complaining about denial of the tourist visa, and have applied for immigration....you have justified the original reason the visa was rejected. 

If, later, your immigration application is denied, a congressional inquiry will generate review and response.

Attorney: You do not have to use one, (most people do not) but using one can help. They will make sure your application is complete and help avoid the time consuming back and forth request for further documents. USCIS, especially in local office like Bangkok, will recognize attorney name and if they trust past work product, that works in your favor. Lastly, if an attorney is handling your case and it is denied, USCIS KNOWS there will be an appeal - which just means more work. Most of the self done petitions, if denied, are not appealed.

Finally - if you have not submitted your immigration packet yet, the advice of reapplying for the tourist visa, and submitting evidence of YOUR ties to Thailand in addition to your wife's, might work. It is a cost benefit analysis of willing to lose the fees to apply, if it is rejected again, and you end up filling the USCIS petition.

 

[Bangkok Basha]

Respondent is correct about Consular Officer questioning the rationale for an application for a tourist visa by the Thai spouse of a U.S. citizen, when other routes are available for spouses. All decisions are subjective, based on the CO's instinct about the likelihood of the applicant staying in the U.S. and not returning to Thailand in violation of the terms of a tourist visa.

 

Edited August 17, 2019 by Bangkok Basha
Did not complete the sentence.

[Bangkok or bust]

On 8/16/2019 at 11:42 PM, La Migra said:

Lots of good advice in these posts, and some really bad.

As you have discovered, there is a presumption by US Govt. that people want to live in the US.  That is the first rule in evaluating temporary visas.

As you have decided to move onto the immigration route, USCIS will review application before it goes to embassy for visa interview. USCIS has office in Bangkok, but plan is to close that office end of the year. So best to start the process sooner than later, as local office is able to respond faster than the Centers in Nebraska, California, Vermont....

Writing your representative is always an option, but honestly, a denied tourist visa is not a big deal in the overall scheme. Then, in a catch-22, if you write complaining about denial of the tourist visa, and have applied for immigration....you have justified the original reason the visa was rejected. 

If, later, your immigration application is denied, a congressional inquiry will generate review and response.

Attorney: You do not have to use one, (most people do not) but using one can help. They will make sure your application is complete and help avoid the time consuming back and forth request for further documents. USCIS, especially in local office like Bangkok, will recognize attorney name and if they trust past work product, that works in your favor. Lastly, if an attorney is handling your case and it is denied, USCIS KNOWS there will be an appeal - which just means more work. Most of the self done petitions, if denied, are not appealed.

Finally - if you have not submitted your immigration packet yet, the advice of reapplying for the tourist visa, and submitting evidence of YOUR ties to Thailand in addition to your wife's, might work. It is a cost benefit analysis of willing to lose the fees to apply, if it is rejected again, and you end up filling the USCIS petition.

 

Thank you and you're pretty spot on with this comment, my only issue is I have almost no ties to Thailand. My current employer, a Thai company has recently gone through litigation with an old partner and the company had to change names, at that point I had to let my work permit expire October of 2018. I still have a connection to the company and am waiting for new work permit, but it's slow going as there is ongoing litigation I'm not involved in. For now I'm enjoying spending time with my son and making sure he has a proper upbringing. I think it's best to wait a while to file for immigrant visa so it doesn't look like we had wrong intent to begin with, like you said. Travel to the US is brutal and well over 30 hours with layovers and the hell airport in Chicago (O'Hare), I don't even want to go back, but my poor parents are dieing not getting to meet their new grandson.????

 

Thanks again.