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Posted

Hello!

 

What's the best way to bring my Thai wife to USA for 1-2 month holiday? Between the two of us, her reading Thai people's accounts, and me looking for a solid law firm in USA or Thailand to hire, we're going in circles on what visa we should apply for and if we should do it ourselves.

 

I'm 33 and an American citizen, she's 36 and Thai citizen. I have lived in Thailand for about 2.5 years and we've been married for a few months now. She has a job at a local University, College degree from a Thai University, and owns her car. She's fluent in English and native in Thai language. She has healthy bank balances and has never had any trouble with the law.

 

I work in USA and can financially support us both in USA during our visit if we are able to get her a visa for a nice 1-2 month trip to my country later this year if possible. 

 

Which visa should she be applying for? Should we gather all of the requirements ourselves (she's very organized and we both are able to study up on everything that's needed to get her visa accepted).

 

Thank you in advance for the help!

Posted

The only visa she can apply for in this case is a B-2 visitor visa.

 

Regardless of whether you are married or not, you are not applying for an immigrant visa on her behalf, so she is applying on her own for a visa to 'visit' the United States.

 

It looks like she checks all the boxes in terms of ties to Thailand, compelling reasons to return. But it is always a little problematic when the CO see's you are married and they fear that this is a way to enter the US, then apply for an Adjustment of Status, bypassing the normal immigrant process.

 

Just get as much documentation as you possibly can showing that compelling reason to return.

 

The red flag I would see, is that statement that you work in the US, thats gonna highten that assumption that you are both going to stay!

 

Good Luck 

 

 

  • Like 1
Posted

Actually see no compelling reason to return to Thailand - she has education and English skills so easy to find work, most likely higher paying, in USA.  Her closest tie works in USA (although says he lives here last 2.5 years?).  They have only been married several months.  All these point to a shortcut to change to immigrant visa status one inside the US unless they can prove he will be remaining in Thailand somehow.  If try for tourist visa no need for any firm but be sure she has full knowledge of family/plans/explain how can take months off from work/how he works in USA but lives in Thailand (does he have a work permit perhaps?).    

 

  • Like 1
Posted (edited)

At her age the chances of a tourist Visa are 99% she will not get it. I know it sucks.

The US is very rarely if never now giving them out to Thai females especially in their 30's wanting to visit the US.

Your best and probably only chance is the fiance Visa.

Come back after the fiance Visa process in about 12 to 15 months and let us know how it is working out.

 

Edited by bkk6060
  • Sad 1
Posted
3 minutes ago, bkk6060 said:

Your best and probably only chance is the fiance Visa.

They are married.  If they plan to move to USA an immigrant visa is what is available and paperwork must now be done in USA region of residence AFAIK (so months to more than a year for approval to apply).  Once that is approved you can change mind to live in Thailand and in our case was easy to obtain tourist visa once that done.  But again we were about 20 years older at the time and I was retired.

  • Like 1
Posted
3 hours ago, lopburi3 said:

They are married.  If they plan to move to USA an immigrant visa is what is available and paperwork must now be done in USA region of residence AFAIK (so months to more than a year for approval to apply).  Once that is approved you can change mind to live in Thailand and in our case was easy to obtain tourist visa once that done.  But again we were about 20 years older at the time and I was retired.

Well, I disagree and seems you are not up to date on this issue.

It works the same as the fiance Visa if you decide not to get married.  They will not later issue a tourist Visa. This also applies to immigrant Visas.

Nothing is "easy" as you state in fact mostly impossible in these current times.

Posted
Just now, bkk6060 said:

Well, I disagree and seems you are not up to date on this issue.

It works the same as the fiance Visa if you decide not to get married.  They will not later issue a tourist Visa. This also applies to immigrant Visas. They totally frown and deny on those who had the chance, then change their mind..oh oh I just want to be a tourist now.

Nothing is "easy" as you state in fact mostly impossible in these situations and current times.

 

Posted
16 minutes ago, bkk6060 said:

Well, I disagree and seems you are not up to date on this issue.

It works the same as the fiance Visa if you decide not to get married.  They will not later issue a tourist Visa. This also applies to immigrant Visas.

Nothing is "easy" as you state in fact mostly impossible in these current times.

Believe you missed my first sentence - they are already married per OP.  A fiance visa is not in the cards.

The immigrant visa route for wife is available and there is no obligation to use once approval to apply is received.  I have actually done this and my wife received 10 year tourist visas without issues after showing that paperwork.

Posted (edited)
43 minutes ago, lopburi3 said:

Believe you missed my first sentence - they are already married per OP.  A fiance visa is not in the cards.

The immigrant visa route for wife is available and there is no obligation to use once approval to apply is received.  I have actually done this and my wife received 10 year tourist visas without issues after showing 

Ok.

Edited by bkk6060
Posted (edited)

A big part of the decision to issue a tourist visa is whether the OP is going to return to Thailand. As her primary social contact, if the officer believes the OP is going to return to Thailand, then it stands to reason that the wife will as well.

 

So it is important that the OP includes all necessary information to convince the officer investigating her case that he will be returning to Thailand as well. Since he's 33, that should mean a very good job, work permit, letter from his employer outlining why his skills are necessary, and also a letter from the OP explaining why he will be returning to Thailand. 3 months is difficult though. A longer marriage may make her social attachment to him more compelling.  A child between them wouldn't hurt either.

 

Just from a naive perspective, it looks like the OP got married (possibly a marriage of convenience), and is now trying to sneak his new bride into the USA so he doesn't have to wait the 18 months or so for the proper paperwork to move permanently to the USA.  This picture needs to be dispelled or his wife will not get a tourist visa.

 

The OP needs to understand that he is at a disadvantage in his current situation, and he is going to need to do something extraordinary to overcome this.

 

 

Edited by Monomial
  • Like 1
Posted (edited)

Edit:  I just saw that the OP says he works in the USA....That is going to be a huge red flag. I'm not sure how to resolve that problem. A lot of explaining on why you don't want to live with your wife maybe?

 

OP's only option in my opinion is to apply for a K3 and say your intention is permanent resettlement in the USA. Once that is approved, your wife can then return to Thailand to work.

 

Otherwise, living apart is just not going to fly. What immigration officer is going to accept the wife doesn't intend to live with her husband?

 

Edited by Monomial

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