Us Immigration Done Bass-ackwards

[Kerivara]

Hi, I have a question for you experts.

My Thai girlfriend and I have been enjoying one another here in the USA for the last three years since I met her here. She came to the US on a valid 10 year visa that is good for 6 month tourist stays in the US, non-employed. She has, of course, not adhered to the 6 month limit. She has instead stayed here for 4 years on her initial visit, working illegally. We have talked about marriage, but she is against getting married at this time, because she thinks I am wanting to marry her to get her a green card rather than for love. (Can you believe that? Very frustrating.) Anyway, she has decided to go back to Thailand now, and she wants me to come with her and get married in Thailand. I have explained to her that our lives will be alot easier if we get married first, then go to Thailand. (She is stubborn on this, please see above) Anyway, does anyone have any ideas on what to do here? What are my chances at getting her back into the US at any point in the future if we get married in Thailand? Thanks for your help.

John

P.S. She likes the US alot, and has adjusted well here, unlike the stereotypes that I have heard. Also, I have been in Thailand several times before, and would enjoy it there, but would like to keep the option of coming back for both of us.

[jhj2000]

I can’t speak about the USA but if a similar situation occurred in the UK you would have two alternatives.

1. Get married in your own country and then apply for the residency permit. In the UK this can take up to 2 years and you can expect a lot of unpleasant interviews.

2. Go to Thailand and marry then apply for a settlement visa from there. Again it will not be easy and the embassy is likely to put obstacles in your way but eventually they will grant the visa.

A Thai friend of mine was in a similar situation in the U.K. lived with a Brit for about 5 years and went back to Thailand to get married and obtain a settlement visa. She was able to leave the UK without any exit stamp in her passport and when she arrived in Thailand she was able to get an entry stamp backdated but she was lucky.

[PvtDick]

People like your girlfriend are exactly the reason why so many honest Thais find it so difficult to get a US visa.

[jhj2000]

PvtDick prehaps your name says it all. Prehaps one day people will be able to travel where they want and fall in love.

[BKKdreaming]

a couple of years ago before 9/11 she would not have much problem.

But now it could be big trouble returning.

I would find an immigration lawyer or immigration group and find out what the law is now,

just a thought , maybe you can leave the USA by going across the Canadian / Mexico border.

[jhj2000]

Ignore posts like the last one. You have nothing to do with 9/11 and your rights are written in stone as per the human rights act which applies to most countries, including Thailand and I hope the USA.

[Martin_F]

I would suggust that you seek the advise of an immigation specialist who may be able to put the matter straight.

But the critical questions are not on your wife's side as she is Thai and can work in Thailand.

You have to consider yourself. Visiting a country is so different from living there.

If you marry your girlfriend and come to Thailand there is no instant marriage visa for you. You can't work in Thailand with out a work permit, you will not have any rights here.

You need to learn a complete new language and character set.

You need to consider your future children's education. Are you happy with a Thai education or do you want to give them the same oppertunities that you had in the US.

Health care, here I'm speaking from a UK perspective and the NHS. I know the US has a take and pay policy.

Just some questions to think about.

Of course there are some good aspects:

1. The family

2. Relative absense of drugs

3. General civility

4. Great weekend get-aways

5. 95% good weather

6. Wounderful food (although watch the carbs)

Anyway just some ideas for you to think about.

[lopburi3]

PvtDick prehaps your name says it all. Prehaps one day people will be able to travel where they want and fall in love.

Believe you are out of line as this 'lady' is on a four year overstay of her visa entry and has been working illegally in total disregard of the laws of the county she is a guest in. She is 'the' reason so many worthy visa requests are not approved. Just as was said in the post you cite.

[bkk_mike]

From other posts about how long it takes to get US marriage visas, you should definitely think of a wedding in the US (and talking to an immigration lawyer).

If only because the US marriage visa issuing process seems to be so slow that some people (without overstay hassles) are waiting over a year for visas to be issued.

[rainman]

VERY IMPORTANT: If you ever wish to see her again in the U.S., you should get married or think about moving to Thailand. Because she has overstayed her visa for four years, she will fall under the following U.S. Immigration rule:

If a person has a visitor’s visa and then overstays by 180 days and then leaves voluntarily, there is a three-year ban on returning to the US. If one overstays a whole year and then leaves voluntarily, there is a ten-year bar.

This means, since she overstayed by four years, she will be unable to return to the U.S. for a period of 10 years and after that, most likely not able to get a visa again anyways. What you can do is get married in the U.S. as this will over-write her status and make her legal, or think about moving to Thailand, because if U.S. Immigration finds out, she will be deported and banned from entering the U.S. for 10 years.

[IamMaiC]

My cousin came from thailand she had a ten year visa also when she came initially she did not go back but she ended up marrying a man she met I think it would be a good idea to marry in the states.

I married a Thai girl but i married her in thailand, now 2 yrs later she is approved to get a visa. Talk to her again and tell her if she goes to thailand she might not be able to come back

but of course it's up to her but if she likes the US like you say it will be the easiest thing to do and she will be able to live in the States if you do get married.

[IamMaiC]

If only because the US marriage visa issuing process seems to be so slow that some people (without overstay hassles) are waiting over a year for visas to be issued.

2 years for me applied for an immigration visa and a non-immigration visa my mistake i applied for the immigration visa first i should have applied for the non immigration visa only. (fiance-spouse visa) Long time to wait.

[sbk]

This means, since she overstayed by four years, she will be unable to return to the U.S. for a period of 10 years and after that, most likely not able to get a visa again anyways. What you can do is get married in the U.S. as this will over-write her status and make her legal, or think about moving to Thailand, because if U.S. Immigration finds out, she will be deported and banned from entering the U.S. for 10 years.

Getting married does not automatically make her legal. She will have to still go through the whole application process anyway. And frankly, overstaying her visa 4 years will probably not be a benefit in the eyes of US immigration.

And hey, tell your GF thanks, because of people like her my husband had a very difficult time getting a visa when we first got married.

[IamMaiC]

This means, since she overstayed by four years, she will be unable to return to the U.S. for a period of 10 years and after that, most likely not able to get a visa again anyways. What you can do is get married in the U.S. as this will over-write her status and make her legal, or think about moving to Thailand, because if U.S. Immigration finds out, she will be deported and banned from entering the U.S. for 10 years.

Getting married does not automatically make her legal. She will have to still go through the whole application process anyway. And frankly, overstaying her visa 4 years will probably not be a benefit in the eyes of US immigration.

And hey, tell your GF thanks, because of people like her my husband had a very difficult time getting a visa when we first got married.

This is true it does not make her legal but they won't deport her he would have to go through the app process to make her legal. sorry to hear sbk but many people like you and me in the same boat but in the end it was worth it and you are now with your husband

[rainman]

Right, while it does not make her legal, it changes her status to pending in the marriage visa class and she is unlikely (i say this because you never know) to be deported. If you get married now or in the near future, which is recommended since U.S. Immigration could be onto you any day, she could most likely stay until the marriage class visa is approved or denied. If you have close ties for many years, its most likely to be approved, but be aware it usually takes 2-3 years to be completed due to the backlog they have. If she leaves the U.S. without getting married there and perhaps you will get married in Thailand later, she will still have a 10 year ban even if you're married. Be aware of that. So the only way she can return to the U.S. within the next 10 years now, is getting married there. Good luck.

[Khun Larry]

why so many honest Thais find it so difficult to get a US visa.

what?

[PvtDick]

why so many honest Thais find it so difficult to get a US visa.

what?

What is there not to understand? Dozens of well-meaning, well-intended, honest Thais are turned down for US visas every day because so many of their compatriots (like the original poster's girlfriend) have abused the system and illegally overstayed on their tourist and student visas. This type of selfish people ruin it for everyone else.

[Kerivara]

Thank you all for your informed opinions. I appreciate the insights, truly.

In response to those that have issues with my girlfriends overstay, I would say this:

Our good President may disagree with you, as he is in favor of legal acknowledgement of millions of alien Mexican nationals in our country. ( Who entered illegally, by the way)

Secondly, if the US was serious about keeping Thais out of the USA that had overstayed their legal visas, the BCIS would place an exit stamp in their passports when they leave, like every other country in the world. (Which the BCIS consistantly does not)

I am sorry for your respective situations, and wish you the best. However, I offer no apologies, and I am very glad that my girlfriend stayed as long as she has! May she have continued success in life in both her legal and illegal ventures!

Cheers,

Kerivara

[rainman]

Thank you all for your informed opinions.  I appreciate the insights, truly.

In response to those that have issues with my girlfriends overstay, I would say this: 

Our good President may disagree with you, as he is in favor of legal acknowledgement of millions of alien Mexican nationals in our country.  ( Who entered illegally, by the way)

Secondly, if the US was serious about keeping Thais out of the USA that had overstayed their legal visas, the BCIS would place an exit stamp in their passports when they leave, like every other country in the world.  (Which the BCIS consistantly does not)

I am sorry for your respective situations, and wish you the best.  However, I offer no apologies, and I am very glad that my girlfriend stayed as long as she has!  May she have continued success in life in both her legal and illegal ventures! 

Cheers,

Kerivara

</edited> sorry, mis-understood and thought you didn't find any of the replies helpful my bad.

[Khun Larry]

why so many honest Thais find it so difficult to get a US visa.

what?

What is there not to understand? Dozens of well-meaning, well-intended, honest Thais are turned down for US visas every day because so many of their compatriots (like the original poster's girlfriend) have abused the system and illegally overstayed on their tourist and student visas. This type of selfish people ruin it for everyone else.

What?

What are these so call well-meaning, well-intended, honest Thais going to do in the US? Could it be exactly the same as the original posters GF whom you are critical of?

How long have you been in Thailand? Have you met dozens of these well-intended, honest visa applicants? Pom mai kitwaa

[PvtDick]

I've been in Thailand for over 15 years, and know dozens and dozens of Thais who have gone to the US for purely touristic reasons and returned within the time period agreed to.

What exactly are you implying?

[PvtDick]

PS: I also know dozens and dozens of Thais who had PLANNED to go to the US for purely touristic reasons, and return within the authorized time period, but were turned down. Why? Because so many dishonest people like this man's girlfriend have insured that the US now treat every Thai with suspicion.

[Khun Larry]

What exactly are you implying?

Thailand is not the most likely place for explicit detail.

[PvtDick]

What exactly are you implying?

Thailand is not the most likely place for explicit detail.

Is this your way of saying that all Thais are liars and cheats?

[frequentatore]

Secondly, if the US was serious about keeping Thais out of the USA that had overstayed their legal visas, the BCIS would place an exit stamp in their passports when they leave, like every other country in the world.  (Which the BCIS consistantly does not)

I remember the US immigration were not checking passports when you were leaving the country (only the airline was doing it), is it still the same?

[IamMaiC]

Thank you all for your informed opinions. I appreciate the insights, truly.

In response to those that have issues with my girlfriends overstay, I would say this:

Our good President may disagree with you, as he is in favor of legal acknowledgement of millions of alien Mexican nationals in our country. ( Who entered illegally, by the way)

Secondly, if the US was serious about keeping Thais out of the USA that had overstayed their legal visas, the BCIS would place an exit stamp in their passports when they leave, like every other country in the world. (Which the BCIS consistantly does not)

I am sorry for your respective situations, and wish you the best. However, I offer no apologies, and I am very glad that my girlfriend stayed as long as she has! May she have continued success in life in both her legal and illegal ventures!

Cheers,

Kerivara

Sir my friend works for the border patrol on the border of arizona and mexico You believe everything the media says?? My friend says they send mexicans back every day Yes Millions have come in illegally along with other country's immigrants.

About the stamping of Thai nationals Do you work for the BCIS?? if you do then you should know but if not then you talking our your A$$

[Kerivara]

Remember, I said that the President was IN FAVOUR of legally recognizing the illegal Mexican nationals, not that anyone had legislated it yet.

Also, I can assure you that I do not work for the BCIS. However, I have had some experience in dealing with them. Specifically, I have known many Thais here in the US that went home without an exit stamp from the USA. I have seen their passports, both before and after. Also, I have many Mexican friends here that have come in on visas and left without exit stamps. Again, I have seen their passports, both before and after. Finally, I am an American citizen, and have many American friends that have traveled abroad. I have seen their passports also, and if I remember correctly, theirs looked pretty much the same as everyone else that is mentioned above..... While this small scale view clearly does not cover much of BCIS activity, it is my experience, which is most of what any of us can go on, right?

Finally, if I truly could 'talk out my ass', I believe that I would be such a circus side show that every country in the world would love to have me visit without a visa at all, purely for entertainment value.

(After further review, my family tells me that I already can 'talk out my ass,' but you most assuredly will want to leave the room immediately.......

Cheers,

Kerivara

[PvtDick]

No one gets an exit stamp when leaving the US.

For foreigners leaving the country, the airline (or border/port agent, in case of a land/water crossing) takes the stub of the entry form out of your passport, and staples it to your boarding card. When you get on the aircraft (or boat, or cross the border), the gate agent removes that stub and forwards it along to the INS. They then input your exit details into their computer.

So, although there may be no stamp, they DO have a record of when you come and when you leave.

I assume that if you overstay, that information will be available to the embassy officer who evaluates your next visa application. It would also be available to the INS agent who processes you the next time you enter the States. As you know, they have the power to put you back on the plane home even if there is a valid visa in your passport. A record of overstay would be one thing that would insure that, I would guess -- at least until the record is expunged from the system (I'm not sure how long that would be, if ever).

[Darth Bangkok]

i travelled with a thai friend once from NY to BKK. he had overstayed by 2 years. he "lost" his passport and got a travel document from the thai embassy which allowed him to go back to thailand to get a new one. he had stayed in the US for four years and just happened to lose the passport two days before he left!

then in BKK, he paid some immigration officer to back stamp his passport.

[Vit77]

Correct, as above nobody gets a 'deportation stamp' in the passport during leaving USA. I "lost" I-94 form and I got new one (but clear, without stamp from my entering - when I had personal control.. hehe). Moreover nobody has to leave fingerprints or sth else. Of course I have 10 years ban, because I am noted in computers, but in the truth in this situation everybody can enter land border with fake passport.