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Legal Marriage - US Visa


MrKFC

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7 minutes ago, MrKFC said:

I understand it can be difficult for a Thai woman to get a US visa, wondered whether a legal marriage is helpful ... ?

DS

They are unlikely to issue a tourist visa if just married as it would appear she is trying to avoid the immigrant visa process (which takes months).  That said many Thai can and do get tourist visas but the burden of proof is on them to convince Consulate they will indeed return at the end of outlined visit.  If marriage is the goal then you have the option to marry and go through the immigrate visa process (as said takes time) and after that is done she can travel to USA.  You would not have to remain in Thailand during this process if that is a factor.

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2 minutes ago, lopburi3 said:

 the burden of proof is on them to convince Consulate they will indeed return at the end of outlined visit

OK - that's definitely the case - any clues what 'proof' might entail?
Her business is here but rents the shop, same location for about 10 years. 

Her parents own property and she paid to build a new house on it for them a few years ago, but it's not in her name... they're in Fang, her business is in Chiang Mai. 

Her son will be finishing University before long and there's business in the US I need to take care of, gonna try to see if the 3 of us can go for a few months. 

 

 

 

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12 minutes ago, MrKFC said:

gonna try to see if the 3 of us can go for a few months.

That might have been her best proof (although only one factor) but if trying to get both visas for travel odds are likely greatly reduced - as well as leaving a business for months.  What is your status?  If you work here and can show return proof it may help.  But at this time would not be keen on having anyone enter USA that did not have to do so.  Expect best you take care of business and hope for better travel options in the future.  Even local travel in SEA would likely be greatly appreciated once available and records of such travel would likely help in future if wanting visa to USA. 

 

Edit:  You have job was in reference to after marriage.  Could be a big negative if mentioned travelling single.

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Right - I can see that.

 

I'm retired, non-O visa, minimal Social Security income + savings. It's sufficient for here, quite comfortable in fact but not enough for life in the US. Could probably prove that easily enough, I'm basically an 'economic refugee'.  

 

The fact that her business has been seriously impacted by Covid is the reason it would be easier for her to leave it for a while, she's doing around 30% of what it was a year ago. 


I've been paying attention to 'travel restrictions' and the US is blocking lots of Europe and China but Thailand isn't on the list. If vaccinations are available, we'd probably do that too.

 

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  • 2 weeks later...
On 1/28/2021 at 12:34 PM, lopburi3 said:

The burden of proof is on them to convince Consulate they will indeed return at the end of outlined visit ... 

Curious how this looks regarding proving her 'intention to return':

 

GF is 50, a tailor, has a well established business in Chiang Mai with bank records to prove it and has no intent or desire to give it up. I agree 100%. She's good at it, enjoys it and has lots of friends in the neighborhood. 

 

She has an excellent location in Chiang Mai, has been there for about 10 years and has a long term lease on the shop space.    

 

Most of her clientele is Thai and 'in the neighborhood' but they're also getting hammered by Covid - lots of hotels, restaurants and bars whose proprietors are dependent on tourism. Her income is about 30 - 40% of what it was January 2020 - and that's why she's willing/able to step away for a while.  

She doesn't own a house but does own 6 rai near Fang - her parent's farm and home is  there. That property is titled to her mother but she's an only child, has an excellent relationship with them and will inherit the property, which includes a modern house that she had built for them about 5 years ago.

 

Her son is 20, past the age of 'legal dependent' and is in his last year of Engineering at Phitsanulok University - she's paying all expenses - or was till Covid came so I'm filling the gaps and can pick up the whole tab while she's away, no problem.

 

I also plan to deposit about 200K baht in her bank account early next month so she can show it's her money in the bank. 

Can also purchase a round trip ticket for her, but not really 100% about a return date, will depend on how things shape up. 

The reason for the trip is to make the property I own ready to rent or sell, not sure which at the moment. Neither of us has any desire to remain in the US, my passport history shows that I've been coming to Thailand to avoid Montana winter since 2014. My non-O is good through Dec 2021 and I'll have a re-entry permit. 

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