my wife has a ten year multiple entry tourist visa and she gets stamped for six months each time but she was under the impression that if she stays the entire six months that the visa will be cancelled or scrunitinized and that she will risk being black listed???

We would like to spend half the year in the USA and half in Thailand.

Unfortunately, the US government does not seem understand people with your intended lifestyle. They think either you’re a short term tourist or an immigrant (who rarely goes back to home country).

To my knowledge there is no penalty or risk to staying the entire 6 months given on entry. That is not to say, that when entering again six months later she will not be closely questioned on what she is doing. Certainly at some time over several entries the question will arise. Conversely, it would be difficult to get apply for change ins status and get the green card in the US as the process for which takes longer then one of your intended cycles to say nothing of how the USCIS frowns on people doing this. If you apply in the US while your wife is outside the SU, they also frown on people entering the US with pending green card applications.

Another option to fighting the tourist entry battle would be to stay in Thailand, establish residency for yourself with 1 year visa extensions, and then after 2 years or so, apply for the green card at the USCIS office in Bangkok. You should be able to make short trips to the US (a couple of months at a time) during this time. The process to get an immigrant visa (which gives you a green card on entry) only takes a couple of months in Bangkok, as opposed to many months if done in the US. One advantage for you will be since you appear to have been married for more then 2 years, the green card will be unconditional. Of course, once the green card is granted, you will have to fight the continuing battle to show she is maintaining residence in the US.

Neither option is ideal, you will just have to choose which battle you want to fight…

TH

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