What Constitutes Good "evidence"?

[daveh]

Currently, I live and work in Bangkok. I'd like to take my girlfriend to the States for a visit. How difficult is it for her to get a tourist visa to go with me?

Also, if I married her first (in Thailand), would it be easier or harder for her to get a tourist visa? Again, this assumes I am living and working in Thailand, thus returning after the trip.

If I do decide to move back to the States, I hear it is easier to wait on getting married until after I move there and then attempt to get her the fiance visa. What kinds of evidence is required? I have some photos of us together, but there is no date associated with them, so how good would they be as evidence?

Finally, if I did marry her here with the intention of staying in Thailand, but in the future, I decided to move back to the States to find a job, how difficult would it be for her to go with me? It is no problem for me going back there for job hunting, but I doubt they would allow her, even as my wife, to go until after I had a job and was settled. How long would I expect to be away from my wife in that case?

[caughtintheact]

1. Taking girlfriend to the USA on tourist visa:

How difficult is it for her to get a tourist visa to go with me?

Rather that difficult or easy, it depends more on how the immigration official and/or consul feels that day and moment. It also depends on whether or not your GF meets the requirements for a visa. Even if she meets all requirements, the consul might just decide that there is some kind of risk that she will not return and deny.

2. Taking wife to the USA on tourist visa:

I went through this drill a long time ago. I could not get my wife a tourist visa even though we were only planning to stay for a month or so. The embassy insisted that I get her an immigrant visa, which meant more paperwork.

I believe it is written someplace in Immigration rules that a wife cannot be denied the right to be with her husband, but in practice the official on the spot has the final word. so you apply and take your chances. Take a look around U.S. Embassy Bangkok.

Marriage Information: http://bangkok.usembassy.gov/embassy/mrginfo.htm

Visa Info:

http://bangkok.usembassy.gov/services/visa/n_immigrant.htm

http://bangkok.usembassy.gov/services/visa/n_immigrantF.htm

http://bangkok.usembassy.gov/services/visa/immigrant.htm

http://bangkok.usembassy.gov/services/visa/index.htm

Because the senior official has the final say, I wouldn't depend much on opinions for this type of matter.

[lopburi3]

There is probably little chance on a tourist visa unless she can qualify on her own.

Married and with ties to Thailand for you would make it much more likely IMHO. The more time the more likely. Since 9/11 there have been Embassy advisories to make sure spouse has a current US visa at all times in the event a quick move is required so don't believe they give out that old "get an immigrant visa" advise anymore. If they do I would go higher up the chain.

If you decide to move after marriage you can file spouse visa paperwork with the local BCIS office here in Thailand which will make the process much faster. And even those not living in Thailand now have the K3 visa process which should be as fast as the fiancée visa.

Keep photos, boarding pass, hotel receipts, phone records, bus/train tickets etc. Relationship proof should not be much of an issue with someone who has lived here. It's the arranged, sight unseen, 'marriage for visa' that is a concern for fiancée visa.

As for time to find job believe requirements are spelled out. Income level is very low and probably can be family help if you between jobs. Try reading up using Google to find current information as many of our experiences will be out of date.

[penelope]

How difficult is it for her to get a tourist visa to go with me?

Re : tourist visa,

Give us some facts on your gf ?? whats her social status, net worth, employment position, asset base, bonding to Thailand etc... These are determinants for the Immy staff.Some thai women get a tourist visa very easily.Some require more legwork(no pun intended).Remember it is HER situation that is assessed.

[ProThaiExpat]

Getting her a tourist visa is the most difficult means of getting her into the U.S. but probably the fastest.

Keep in mind that the interviewing counsular officer is required by law to enter the interview with the mindset that your g/f is "intending to overstay her visa" and it is her responsibility to overcome that "presumption" with substantial evidence that she has a "compelling reason or reasons" for returning to Thailand.

Thus you can see that anything you can provide as to your long retlationship, your support of her and your long stay plans for Thailand would be one reason for her to return.

The likelyhood that you may return to the U.S. and she want to stay with you there is a killer to overcome in the tourist visa arena.

Thus her ownership of land, job, school and anything else that persuades that she has no interest in staying over should be used.

Rehearsing her in answers to expected questions is a good technique as well. "Why should she want to stay in the U.S. and work for minimum wage" when she has ............life in Thailand.

When you peruse the Department of State web page, be sure and view the link regarding "What if your turned down" section. I found it the most informative as to what you need to "win the game".

Understanding the defense allows you to better prepare your offence.

[hongkongexpat]

A tricker option is to file a petition for a K1 visa and then get married in the United States. (Basically the K1 is a immigrant visa for fiances). But the K1 is a lengthy process, and you must marry within 90 days from entry. If you want to get married.

[daveh]

Give us some facts on your gf ?? whats her social status, net worth, employment position, asset base, bonding to Thailand etc... These are determinants for the Immy staff.Some thai women get a tourist visa very easily.Some require more legwork(no pun intended).Remember it is HER situation that is assessed.

Her social status? I suppose it is appropriate to say she is middle class, or as close to middle class as you can get in Thailand. She has a Bachelors degree and is currently working as a secretary for a Thai government organization. She does not own any real estate, the only thing she really owns is a car.

She is from a large family, most of whom live in Rayong, but she lives with her sister in Bangkok.

It would be quite obvious to anyone that the only way she could afford to go to the US is if I were to pay her way.