Usa Ten Year Visa

[Sojourner]

My American friend's Thai wife of many years has a ten year visitors visa that is used every year when they head back to the States for the summer. She's stamped in and given six months stay each time. The other day she was at the American consulate in Chiang Mai assisting her daughter in trying to secure a visitor's visa of her own. The daughter was turned down. When questioning the Thai employee about what additional info they would need when they tried again, the Thai told my friend's wife that when she visited the States and stayed 4 to 5 months at a time she could have her visa canceled because it indicated she was living there not just visiting. What's this guy smoking? Isn't she complying with the letter of the visa? So why would he make such a statement? Has anyone else heard of this or had any similar experience?

[Somtham]

My American friend's Thai wife of many years has a ten year visitors visa that is used every year when they head back to the States for the summer. She's stamped in and given six months stay each time. The other day she was at the American consulate in Chiang Mai assisting her daughter in trying to secure a visitor's visa of her own. The daughter was turned down. When questioning the Thai employee about what additional info they would need when they tried again, the Thai told my friend's wife that when she visited the States and stayed 4 to 5 months at a time she could have her visa canceled because it indicated she was living there not just visiting. What's this guy smoking? Isn't she complying with the letter of the visa? So why would he make such a statement? Has anyone else heard of this or had any similar experience?

I just checked my wife's B1/B2 visa for the US and after 4 trips they never stamp how long she can stay on the "Until" line. I thought the US visa rules were 6 months per entry with multiple entries over the 10 years. Have you called or e-mailed the embassy to see what they say about this "cancelling" of the visa? Has any immigration officer mentioned it upon her arrival?

rgds

[vinny]

They will stamp the date by which you must leave the United States on the Form I-94, Arrival-Departure Record.

[Somtham]

They will stamp the date by which you must leave the United States on the Form I-94, Arrival-Departure Record.

Thanks for the link Vinny. I never took notice of what they stamped on the I-94 as we typically only stay for a month or less and I assumed they stamped her in for 6 months. Has anybody ever seen less than a 6 month date? If they always give the max 6 months then I don't see why the OP should be concerned come visa renewal time. She is staying within the law.

rgds

[SoCal]

It is subjective, which is part of the problem, as one guy may see things differently than another guy.

How long they can stay is decided by the immigration officer at entry. He may say 6mos, and yet another officer look at it, or embassy staff, and think she is abusing her visa.

If staying in the US 6mo every year on a tourist visa, then you could certainly be in the gray area as to what is permissible.

[Naam]

My American friend's Thai wife of many years has a ten year visitors visa that is used every year when they head back to the States for the summer. She's stamped in and given six months stay each time. The other day she was at the American consulate in Chiang Mai assisting her daughter in trying to secure a visitor's visa of her own. The daughter was turned down. When questioning the Thai employee about what additional info they would need when they tried again, the Thai told my friend's wife that when she visited the States and stayed 4 to 5 months at a time she could have her visa canceled because it indicated she was living there not just visiting. What's this guy smoking? Isn't she complying with the letter of the visa? So why would he make such a statement? Has anyone else heard of this or had any similar experience?

yes! we were living nearly 15 years in the U.S., had twice a 10year visa and (after 2001) were quite often questioned "who are you, why are you and what are you?". in 2001 "9/11" happened, we sold our house in Germany and spent more time than before in the States. for the INS it did not matter that we paid not only U.S. income tax but also fancy property taxes. end of 2003 my wife returned from London, was asked the usual question "what is the purpose of your visit?" and when she answered "we have since years a house in Florida where we spend most of our time" she was told "owning a house is not a valid reason to enter the United States!".

needless to say that we sold the house within a few months and left.

[Naam]

It is subjective, which is part of the problem, as one guy may see things differently than another guy.

How long they can stay is decided by the immigration officer at entry. He may say 6mos, and yet another officer look at it, or embassy staff, and think she is abusing her visa.

If staying in the US 6mo every year on a tourist visa, then you could certainly be in the gray area as to what is permissible.

...or he may send you back with the next plane. a visa to the U.S. does NOT entitle you to enter! the decision is made case by case by the immigration officer. several years ago a polish lady was refused entry in Miami. she had a valid visa (visiting her daughter) but was turned back because of her callous hands which were reason enough for the immigration officer to conclude that she came to work illegally

[Somtham]

It is subjective, which is part of the problem, as one guy may see things differently than another guy.

How long they can stay is decided by the immigration officer at entry. He may say 6mos, and yet another officer look at it, or embassy staff, and think she is abusing her visa.

If staying in the US 6mo every year on a tourist visa, then you could certainly be in the gray area as to what is permissible.

OK, hypothetically speaking, let's say you (US citizen) and your wife (Thai with 10 year visa) are retired and living in Thailand and you get tired of the rain. So you decide to spend 7 months in Thailand and come May head for the US for 5 months each year. To obtain a green card you need to reside within the US for 6 months a year so this is not an option. Would this be a foolish plan as each year in May when you attempt to enter the US the INS guy may not let your wife in or if he does let her in he may not give her the 5 months?

rgds