Jump to content

Visa Difficulties


Recommended Posts

I am in a serious relationship ( 3 years) and we have tried twice for a tourist visa so she can come see where I live and meet the family. This lady is gainfully employeed as a teacher, owns her own home, and has strong family ties in Thailand. I will retire in Thailand and marry this lady in the future. The last attempt this month was another "NO". I was told by another American that his lawyer told him that 98% of the applications are denied. ( He and his wife were applying the second time and she was denied as well.)

I provided letters from 2 Judges, a mayor and a police chief to show that I am a law abiding citizen and my gal provided pictures of her home, family, students, bank records etc.

I was not allowed to enter the building for the interview session and anyone in the company of someone applying was also not allowed to enter. My gal told me the interviewer did not even read the letters of reference or bother to look at her documents concerning her personal life. In my view she was not given a fair hearing or serious consideration for a non-immigration visa.

So... I am as others frustrated and angry. I wrote a blank check to my country at the age of 19 and served nearly two years in Vietnam was honorably discharged from the USMC. I ask myself what kind of process lets folks jump over the fence at our borders and when one follows the law the wall is thrown up. Why keep pumping money into the application process when only 2% are allowed to enter the US.

I am drafting letters to my senators and the ambassador to whit I think will most likely be a waste of time, but I will see what happens. I have no connections with any of them so being a lowly citizen I have little faith this effort will be productive.

If anyone thinks that a boycott against this process could be fruitful please let me know. My thought is if all Thai folks that don't need to travel to the US (medical etc) refused to keep going back and hearing "NO" it might keep the building empty long enough for someone to wake up and ask why we refuse to keep giving money to a nearly zero approval process.

Post your thoughts.

Link to comment
Share on other sites

I am in a serious relationship ( 3 years) and we have tried twice for a tourist visa so she can come see where I live and meet the family. This lady is gainfully employeed as a teacher, owns her own home, and has strong family ties in Thailand. I will retire in Thailand and marry this lady in the future. The last attempt this month was another "NO". I was told by another American that his lawyer told him that 98% of the applications are denied. ( He and his wife were applying the second time and she was denied as well.)

I provided letters from 2 Judges, a mayor and a police chief to show that I am a law abiding citizen and my gal provided pictures of her home, family, students, bank records etc.

I was not allowed to enter the building for the interview session and anyone in the company of someone applying was also not allowed to enter. My gal told me the interviewer did not even read the letters of reference or bother to look at her documents concerning her personal life. In my view she was not given a fair hearing or serious consideration for a non-immigration visa.

So... I am as others frustrated and angry. I wrote a blank check to my country at the age of 19 and served nearly two years in Vietnam was honorably discharged from the USMC. I ask myself what kind of process lets folks jump over the fence at our borders and when one follows the law the wall is thrown up. Why keep pumping money into the application process when only 2% are allowed to enter the US.

I am drafting letters to my senators and the ambassador to whit I think will most likely be a waste of time, but I will see what happens. I have no connections with any of them so being a lowly citizen I have little faith this effort will be productive.

If anyone thinks that a boycott against this process could be fruitful please let me know. My thought is if all Thai folks that don't need to travel to the US (medical etc) refused to keep going back and hearing "NO" it might keep the building empty long enough for someone to wake up and ask why we refuse to keep giving money to a nearly zero approval process.

Post your thoughts.

This year 3 of my staff applied for USA visa ,they all received a 10 year Visa first time ( purpose was trade fair visit ), from what i know,they are not interested in references from friends overseas, the application is approved only on the strength of the applicant

they want to see at least 6 months salary, ownership of property or cars ,rental statement , and purpose of visit, i could be wrong here ,but by saying that she has a boyfriend in the states ,could be a negative not a positive as it gives a reason to overstay, they want to be sure that when they give the visa the person comes back, i think after being knocked back twice, chances are very very low that she will get a tourist visa ,maybe marriage might be the answer ,but have no idea about that process

Link to comment
Share on other sites

I am in a serious relationship ( 3 years) and we have tried twice for a tourist visa so she can come see where I live and meet the family. This lady is gainfully employeed as a teacher, owns her own home, and has strong family ties in Thailand. I will retire in Thailand and marry this lady in the future. The last attempt this month was another "NO". I was told by another American that his lawyer told him that 98% of the applications are denied. ( He and his wife were applying the second time and she was denied as well.)

What were the reasons for the visa denials?

Link to comment
Share on other sites

In general, letters coming from an American guy (or other people's letters on YOUR behalf) are not going to help your GF at all in her quest for a tourist visa to the USA.

The U.S. embassy folks are going to evaluate her on HER record and the prospects that she will keep her promise to return back to Thailand. So that's where her steady job, bank balances, property ownership, and any past history of foreign travel outside Thailand etc. come into the picture.

If anything, your presence in the process may be a hindrance, not a help, since romantic engagements may be looked down upon by the embassy folks.

Going the fiance visa route is one alternative, if a tourist visa's not going to happen.

Also be aware, supposedly, if a Thai person keeps applying and getting rejected for tourist visas repeatedly in a short period of time, there reportedly is a potential for them to be blacklisted. So it would be best to let some time pass between any different requests being made.

Link to comment
Share on other sites

Apply once and be denied they will not approve visa ever in my opinion unless there is dramatic change of conditions.

My wife and I gave up after 5 denials (3 before marriage 2 after). Even an inquirey from a congressman did not help.

Its to late now for you. I advise anyone that wants to have a girl friend visit the states to not get involved in anyway. As soon as you do it's over. She will have to do it on her own merits.

After marriage unless you have your own ties to here it will still be deny, deny deny and they will try and force you to go the residency route.

Link to comment
Share on other sites

Apply once and be denied they will not approve visa ever in my opinion unless there is dramatic change of conditions.

My wife and I gave up after 5 denials (3 before marriage 2 after). Even an inquirey from a congressman did not help.

Its to late now for you. I advise anyone that wants to have a girl friend visit the states to not get involved in anyway. As soon as you do it's over. She will have to do it on her own merits.

After marriage unless you have your own ties to here it will still be deny, deny deny and they will try and force you to go the residency route.

Ubonjoe

You said, in part, "... unless you have your own ties to here...."

Correct. My girlfriend got three tourist visas back in the 1990s, the last one being a 10 year one, pretty much, well, wholly, based on my retirement in Thailand. We got married and two years ago she was up for a new 10-year tourist visa, got it on the same basis, my retirement. She now owns some land and our house but these documents were never presented and the ConOff pretty much never asked her 10 questions during our four visa interviews since 1992. BTW, she didn't own anything at all through the first three interviews, not even our pickup.

Note, it is improper for a ConOff to grant a tourist visa to a person who might stay behind in the U.S., for marriage, for example, or to a gal who's already married, if the ConOff thinks they might apply for an adjustment of status to PRA.

Mac

Link to comment
Share on other sites

I am in a serious relationship ( 3 years) and we have tried twice for a tourist visa so she can come see where I live and meet the family. This lady is gainfully employeed as a teacher, owns her own home, and has strong family ties in Thailand. I will retire in Thailand and marry this lady in the future. The last attempt this month was another "NO". I was told by another American that his lawyer told him that 98% of the applications are denied. ( He and his wife were applying the second time and she was denied as well.)

I provided letters from 2 Judges, a mayor and a police chief to show that I am a law abiding citizen and my gal provided pictures of her home, family, students, bank records etc.

I was not allowed to enter the building for the interview session and anyone in the company of someone applying was also not allowed to enter. My gal told me the interviewer did not even read the letters of reference or bother to look at her documents concerning her personal life. In my view she was not given a fair hearing or serious consideration for a non-immigration visa.

So... I am as others frustrated and angry. I wrote a blank check to my country at the age of 19 and served nearly two years in Vietnam was honorably discharged from the USMC. I ask myself what kind of process lets folks jump over the fence at our borders and when one follows the law the wall is thrown up. Why keep pumping money into the application process when only 2% are allowed to enter the US.

I am drafting letters to my senators and the ambassador to whit I think will most likely be a waste of time, but I will see what happens. I have no connections with any of them so being a lowly citizen I have little faith this effort will be productive.

If anyone thinks that a boycott against this process could be fruitful please let me know. My thought is if all Thai folks that don't need to travel to the US (medical etc) refused to keep going back and hearing "NO" it might keep the building empty long enough for someone to wake up and ask why we refuse to keep giving money to a nearly zero approval process.

Post your thoughts.

I feel for you bro. I went through the same process with my fiance and was really pissed off. We also spent lots of money. Never once did the counsulate return the application fee.

I just said screw this and went the K1 route. In the end we got a 10 year visa even after K1 approval because I told the lady we want to return to Thailand not immigrate so K1 was not an option. So she gave us a tourist visa instead.

Criteria they look at.

1) Must be good looking.

2) Must have loads of $$$ in a bank account.

3) Previous travels outside to other countries.

Link to comment
Share on other sites

The tourist visa process can be rather frustrating. The problem in your situation would seem to be your presence. The Immigration officers have an automatic presumption that anyone entering the US on a tourist visa will do so in a effort to remain in the US. This presumption must be overcome in order to obtain the visa. Your presence in the process likely gave the interviewing officer the reason he needed to deny the visa since it could be argued that you and she might possible go to the US and get married while there and ultimately remain. Keep in mind it is not a matter of what you actually intend or would actually do, but a matter of what they can reasonably say you and she may do. This visa does have a massively high rejection rate compared to other visas which is why I don't recommend it for most of my clients, because it usually is not a cost effective option. Tourist Visas are usually a bad option for Thai loved ones due to their subjective nature. That being said, the K1 would probably be the best solution. Another poster mentioned a marriage visa and although I'd agree this is a more certain route than the tourist visa the fact is that it would take longer to get this visa than it would the K-1. Currently the average processing time for a K-3 is about 8 months, the average processing time for a K-1 is about 6 months, and the Immigrant visa takes about a year on average, but with those the greencard process is built in and the adjustment of status process is front-loaded. Feel free to email me with any specific questions at [email protected]. Also click on the integrity legal banner above to see a lot more information about US Immigration for Thais

Link to comment
Share on other sites

The tourist visa process can be rather frustrating. The problem in your situation would seem to be your presence. The Immigration officers have an automatic presumption that anyone entering the US on a tourist visa will do so in a effort to remain in the US. This presumption must be overcome in order to obtain the visa. Your presence in the process likely gave the interviewing officer the reason he needed to deny the visa since it could be argued that you and she might possible go to the US and get married while there and ultimately remain. Keep in mind it is not a matter of what you actually intend or would actually do, but a matter of what they can reasonably say you and she may do. This visa does have a massively high rejection rate compared to other visas which is why I don't recommend it for most of my clients, because it usually is not a cost effective option. Tourist Visas are usually a bad option for Thai loved ones due to their subjective nature. That being said, the K1 would probably be the best solution. Another poster mentioned a marriage visa and although I'd agree this is a more certain route than the tourist visa the fact is that it would take longer to get this visa than it would the K-1. Currently the average processing time for a K-3 is about 8 months, the average processing time for a K-1 is about 6 months, and the Immigrant visa takes about a year on average, but with those the greencard process is built in and the adjustment of status process is front-loaded. Feel free to email me with any specific questions at [email protected]. Also click on the integrity legal banner above to see a lot more information about US Immigration for Thais

My K3 Visia only took 6 months (although it was in VN). A friend in Thailand's K3 took 4 months earlier this year. Perhaps they've slowed a bit. Nice thing with the K3 is that the Green Card comes 2 weeks after you've entered the US.

Link to comment
Share on other sites

The K-3 has been moving a bit faster lately, my only conjecture is that the NBC is processing their caseload faster than normal. Also going through the Vermont Service center helped too. I like to give a conservative yet not frightening estimate when I talk about time frames just because the processing time can change so quickly. There was a time when California was running faster than Vermont, but now its vice-versa and someday Vermont will run slower than California

Link to comment
Share on other sites

Thanks for the info. I was at the embassy, but not inside the building since they asked me to not enter. The first time ( a year ago) I did enter, but had no discussions with the interviewer. I suppose we will do the K-1 visa but I hate someone telling us we have to be engaged before she is allowed to travel. The statement on the embassy website says they "encourage travel to the USA" and I am going to press that point to them and my government. I am an honest law abiding citizen who wrote a blank check to my country at the age of 19 and all I am asking them to do is let the lady come see my state and my family. We're not planning on anything but a simple visit and this whole process is really a racket as far as I am concerned. Especially given the amount of folks who enter illegally and those who are denied a simple visit.

The tourist visa process can be rather frustrating. The problem in your situation would seem to be your presence. The Immigration officers have an automatic presumption that anyone entering the US on a tourist visa will do so in a effort to remain in the US. This presumption must be overcome in order to obtain the visa. Your presence in the process likely gave the interviewing officer the reason he needed to deny the visa since it could be argued that you and she might possible go to the US and get married while there and ultimately remain. Keep in mind it is not a matter of what you actually intend or would actually do, but a matter of what they can reasonably say you and she may do. This visa does have a massively high rejection rate compared to other visas which is why I don't recommend it for most of my clients, because it usually is not a cost effective option. Tourist Visas are usually a bad option for Thai loved ones due to their subjective nature. That being said, the K1 would probably be the best solution. Another poster mentioned a marriage visa and although I'd agree this is a more certain route than the tourist visa the fact is that it would take longer to get this visa than it would the K-1. Currently the average processing time for a K-3 is about 8 months, the average processing time for a K-1 is about 6 months, and the Immigrant visa takes about a year on average, but with those the greencard process is built in and the adjustment of status process is front-loaded. Feel free to email me with any specific questions at [email protected]. Also click on the integrity legal banner above to see a lot more information about US Immigration for Thais
Link to comment
Share on other sites

Simply put, and it has been said many times, if you do not live in Thailand, the presumption will be that you intend to get married and live in the US once you are there. This is based on the fact that thousands of people enter the US on tourist visas (or visa exempt) every year and then apply for a change of status based on marriage to a US citizen. Blame them, not the embassy.

TH

Link to comment
Share on other sites

dustybones, u have a right to profoundly angry at this situation which has infringed on your fundamental rights as an American and especially as one who served. Don't listen to all these idiots saying 'it was your fault' for getting involved in her application, my guess is that she would have been denied anyway. Also don't listen to these bull$hit arguments saying you should blame the illegal immigrants and not the embassy, the embassy is entirely to blame. The guys who get the visas usually just have a lot of money or lucky (e.g. some have gotten John McCain to write a letter) and thus tend to patronize those guys whose girls can't get the visa. I've thought of boycotts too. Bush recently let Koreans enter visa free, I really hope the new administration will expand on that as well.

Link to comment
Share on other sites

dustybones, u have a right to profoundly angry at this situation which has infringed on your fundamental rights as an American and especially as one who served. Don't listen to all these idiots saying 'it was your fault' for getting involved in her application, my guess is that she would have been denied anyway. Also don't listen to these bull$hit arguments saying you should blame the illegal immigrants and not the embassy, the embassy is entirely to blame. The guys who get the visas usually just have a lot of money or lucky (e.g. some have gotten John McCain to write a letter) and thus tend to patronize those guys whose girls can't get the visa. I've thought of boycotts too. Bush recently let Koreans enter visa free, I really hope the new administration will expand on that as well.

While I can understand the OP's anger this reply makes no sense. All the posters pointing out the possible, logical reasons are correct. The US immigration folks are simply looking for a compelling reason for the applicant to return to Thailand. Have a job and some money here is not a compelling reason. Indeed, she has, as your girlfriend, a compelling reason not to return. She can walk away from her job easily, and money can be transferred. Before I was married, my then GF got a 10 year B1/B2 very easily, and I'm not a citizen (though I am a Green Card holder). Why did she get it so easily? Well, evidence of trips to other western countries helped, the fact that I live in BKK helped and I guess the (then) six month old baby not going with us helped. Compelling reasons to return and evidence that she had returned from similar past trips to "desirable" countries. It's a game and you have to play it. I absolutely agree that knowing she is your GF goes against her big time. It wouldn't if you lived here, but you don't.

As for a letter from John McCain RY12, I have doubts that he can even write and lots of money is just tosh. The ones who get the visa do their homework, understand the rules of the game and play according to those rules. I know a US citizen who applied for a visitor visa for his wife and did not get it. I'll tell you why not too; if you are married to a US citizen and enter the US legally (e.g. on a visitor visa) you can apply for a change of status (i.e. apply to immigrate as the spouse of a citizen) and not have to leave, so you can get around waiting in BKK or wherever for your spouse immigrant visa. You can wait in the US for it. Hence, they don't like giving visitor visa's to spouses without quite compelling evidence they will leave. As I say, understand the rules and you'll understand why some people have problems.

Link to comment
Share on other sites

The following is the entire problem with getting a visa.

Section 214( B ) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

Source: http://travel.state.gov/visa/frvi/denials/denials_1361.html

So it does not matter what documents you present if the officer thinks that the applicant will not return then it will be a no. My personal experience makes me believe that the officers here have a biased opinion against Thai's that apply so it requires a lot of convincing evidence to get over that hurdle.

Edited by ubonjoe
Link to comment
Share on other sites

Not sure how you can say that the Consulate officials that make the determination “have a biased opinion against Thai's that apply”. Do you have experience with consulates in other countries? I do, and in I my experience they are all very critical (as the law expects them to be) and must be convinced the applicant will return. As another poster said, if you get to the details and past the emotional responses (which is understandable) of someone that has been denied, 99% of the time you find there is a lawfully required reason for the denial.

TH

Link to comment
Share on other sites

Not sure how you can say that the Consulate officials that make the determination "have a biased opinion against Thai's that apply". Do you have experience with consulates in other countries? I do, and in I my experience they are all very critical (as the law expects them to be) and must be convinced the applicant will return. As another poster said, if you get to the details and past the emotional responses (which is understandable) of someone that has been denied, 99% of the time you find there is a lawfully required reason for the denial.

TH

Almost sounds like you agree and would expect them to have a biased opinion.

Forget the emotional thing. The last time for us was several years ago and we just gave up. Partly becaue my wife just didn't want to go through it any more. She didn't like and I also didn't appreciate the officers attitude and remarks. But also because we showed them proof of owning two houses land and a lot more. The biggest problem in our case was that my wife had applied before and had been denied so their was no way to change the same officers mind.

We will be appling again someday but with a lot of changes. One is that my wife is an elected Thai goverment employee now. I just dare them to turn her down.

There is no such thing as a lawfull reason it is the opinion of one person and one person only.

My main point really was to point out that there is a problem with the law. And that there is no clear cut guidelines in it. There is no appeal process. There is no route to even make a complaint if the officer was to make an insulting comment.

You are at the mercy of somebody that could be just be having a bad day. Has a hangover. Got cheated by the taxi driver on the way to work. Or even just hates their job. And Etc. Etc.

By the way I have had experience in another country on the otherside of the world. And the experience was almost as bad.

Link to comment
Share on other sites

I think saying Biased against Thais is a bit harsh, i think they will definetly have a closer look at a Thai applicant for the simple reason that the chances of a young person leaving a 3rd world country to live in the States is much higher than say a european,

Call it biased ,but it does make sense , and sometimes the system fails , like i saidi 3 of my Thai staff recieved US visa,s this year , and try as i could no way in this life could my filipino maid get a Shengen ,even with a Bond offer ,reason ,they said high chance she won,t come back.

Link to comment
Share on other sites

There is no such thing as a lawfull reason it is the opinion of one person and one person only.

My main point really was to point out that there is a problem with the law. And that there is no clear cut guidelines in it. There is no appeal process. There is no route to even make a complaint if the officer was to make an insulting comment.

You are at the mercy of somebody that could be just be having a bad day. Has a hangover. Got cheated by the taxi driver on the way to work. Or even just hates their job. And Etc. Etc.

By the way I have had experience in another country on the otherside of the world. And the experience was almost as bad.

The real world, unfortunately.

Regards,

Martian

Link to comment
Share on other sites

  • 1 month later...
Section 214( B ) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

Source: http://travel.state.gov/visa/frvi/denials/denials_1361.html

That explains a lot except maybe the bad attitude of the officers in the US Consulate. That probably comes from the fact that the officer has to make a decision and is then held responsible if the "tourist" doesn't come back. So it's a lot safer to just reject an application, no matter what kind of problems that causes in the life of the applicant.

I know several Thais who got 10 year tourist visas no problem. My wife got rejected but that was because the officer didn't believe our story - even though the story was true and we actually had no intention of living in the states as illegal immigrants. We had already applied for an immigrant visa for her (I-130) and that's a huge red flag. Not sure why as it seems like trading an illegal status for a near-guaranteed legal one isn't all that attractive. But - that's the way it is.

I should have remembered my grandfather's advice: It's not about whether a story is true or untrue, it's about whether it's good or bad.

One of the thai friends I know who got the tourist visa is a tattoo artist. 22. Tattooed all over. No money. He is pretty charming though :o

So to get a a tourist visa, come up with a good story. If it's true, all the better. Whatever the case, do not mention boyfriends or husbands that will come with you or wait for you there. That's a huge no-no.

Link to comment
Share on other sites

what I dont understand is why the US is so worried about somebody thai staying in the US. All of their forfathers were immigrants and peoples from other contries; ie Korea; are welcomed with open arms. Are women making the laws and dont want competition from wonderful thai ladies?

Section 214( B ) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

Source: http://travel.state.gov/visa/frvi/denials/denials_1361.html

That explains a lot except maybe the bad attitude of the officers in the US Consulate. That probably comes from the fact that the officer has to make a decision and is then held responsible if the "tourist" doesn't come back. So it's a lot safer to just reject an application, no matter what kind of problems that causes in the life of the applicant.

I know several Thais who got 10 year tourist visas no problem. My wife got rejected but that was because the officer didn't believe our story - even though the story was true and we actually had no intention of living in the states as illegal immigrants. We had already applied for an immigrant visa for her (I-130) and that's a huge red flag. Not sure why as it seems like trading an illegal status for a near-guaranteed legal one isn't all that attractive. But - that's the way it is.

I should have remembered my grandfather's advice: It's not about whether a story is true or untrue, it's about whether it's good or bad.

One of the thai friends I know who got the tourist visa is a tattoo artist. 22. Tattooed all over. No money. He is pretty charming though :o

So to get a a tourist visa, come up with a good story. If it's true, all the better. Whatever the case, do not mention boyfriends or husbands that will come with you or wait for you there. That's a huge no-no.

Link to comment
Share on other sites

This year 3 of my staff applied for USA visa ,they all received a 10 year Visa first time ( purpose was trade fair visit ), from what i know,they are not interested in references from friends overseas, the application is approved only on the strength of the applicant

they want to see at least 6 months salary, ownership of property or cars ,rental statement , and purpose of visit, i could be wrong here ,but by saying that she has a boyfriend in the states ,could be a negative not a positive as it gives a reason to overstay, they want to be sure that when they give the visa the person comes back, i think after being knocked back twice, chances are very very low that she will get a tourist visa ,maybe marriage might be the answer ,but have no idea about that process

So is everyone sure then that you don't want to mention an ties to hosts in the USA that might be romantically involved with the applicant?

It seems like a catch 22- if the applicant mentions the romantic relationship and how long/serious it's been, she looks like she'll overstay to be with him.... but if she doesn't mention it then she has to balance on the weak argument she's just going there for 'tourism' and can't mention the integrity of her connection to the USA. Can you overcome this dilemma by showing a purchase of a guided package holiday or perhaps be invited by an institution as a speaker or soemthing???

Link to comment
Share on other sites

So is everyone sure then that you don't want to mention an ties to hosts in the USA that might be romantically involved with the applicant?

It seems like a catch 22- if the applicant mentions the romantic relationship and how long/serious it's been, she looks like she'll overstay to be with him.... but if she doesn't mention it then she has to balance on the weak argument she's just going there for 'tourism' and can't mention the integrity of her connection to the USA. Can you overcome this dilemma by showing a purchase of a guided package holiday or perhaps be invited by an institution as a speaker or soemthing???

The reason they turn people down with a "romantic" relationship is that they will assume that the couple would try and bypass the procedures for getting a immigrant visa here by getting married in the states and then making an application in the states. They do the same thing to married couples unless the husband has strong ties to Thailand such as a job and/or a one year permit to stay and etc. The same might work for a unmarried couple if both could show strong ties to Thailand.

Even the tour group thing won't work. What they say is that nobody can guarantee that a person will return to Thailand.

It all comes to down to the applicant proving that they a will come back to Thailand.

Edited by ubonjoe
Link to comment
Share on other sites

My advice:

- Study the rules of Embassy & your Government

- Have loads of official paperwork ready ( Relationship, Financial Status, History, Photo's, etc ) The more the better

- Get dress properly before you go to apply, always be polite to the staff.

- Make sure you trained the "Interview", in this case your Thai woman. Have a answer ready for everything, and know what to say.

- Never get emotional during Visa requests.

It can be done, just go the official way, the same as the officers do. Yes, it's hard work, but it can be done.

I also don't understand why it's so important for the Thai government that "their" people come back to Homeland. But it's the rule, and accept it.

Link to comment
Share on other sites

For a tourist visa to the US there is only one rule and that is convincing the interviewing officer that the applicant is not an immigrant. Meaning that they will return to to their home country. It is same for a citizen of every country that has to get a visa to the US.

The Thai goverment has nothing to do with it.

Link to comment
Share on other sites

This is just from my personal experience. In July 2008, my wife received a tourist visa to visit the US. She has never been out of Thailand before. She read very little English and I don't even understand her English when she tries to speak it with me. Any how, the best thing is to know the RULES and play by them. I completed the visa application for her and the application reflected that fact. I speak enough Thai so I went over the application with her and rehearsed the interview process with her. While we waited for the interview, I observed many applicants who got rejected. The trend seemed to be that they have no clue what was on the application and they weren't able to "demonstrate" that they DON'T want to stay in the US. I heard one officer asked during the interview, "Do you want to stay in the US and work someday? The applicant, not knowing any better, answered yes and was refused the visa into the US.

RULE #1: EVIDENCE OF TIES: "Applicants for most types of visas must demonstrate they have strong ties outside the United States. Advice on meeting this requirement may be found below."

Proving Ties Outside The United States:

"U.S. law requires most applicants for nonimmigrant visas to establish to the satisfaction of the consular officer that he/she is not an intending immigrant. Applicants can do this by showing evidence of their family, economic and other social ties to a country outside the U.S. No relative, employer, or friend can "guarantee" an applicant's return in place of such evidence. Regardless of who is sponsoring the trip, the consular officer must look at the applicant's own situation to decide whether he or she meets these requirements. Under the law, the visa applicant has the burden of proving that he or she is qualified. Misrepresenting material facts will bar you from receiving a visa or entering the U.S. for the rest of your life."

Types of Evidence That Can Be Used: Family, social and professional circumstances vary greatly among applicants. Because each applicant's situation is unique, it is difficult to say specifically what evidence of ties is likely to be convincing. Following are some suggestions:

• Letters from employers, giving time in the job, salary, and stating that vacation is being given for the period of the trip.

• Bank statements or bank books. While an applicant needs to show he has enough money to make the trip, an individual does not need to be rich to get a visa. It is more useful to show the consular officer a steady banking history, with regular deposits and withdrawals, than a letter stating simply that the applicant has lots of money in the bank.

• Self-employed applicants should try to show that their business is successful and provides a reasonable living. Business registrations are not very useful. Better are contracts, invoices, bills of lading, accountant's reports and bank records showing regular, steady business activity. Note that visa records are confidential; we do not pass any business or income information to any foreign authorities.

RULE #2: NEED TO RETURN TO THAILAND: She has a house here in her own name and a job with the government. The letter from her employer stated everything that was required in RULE #1. The officer did not asked to see any family photo or bank statements. She doesn't have any bank account. My bank accounts were in the US and in my name only. If the office asked why her name was not on there, I would have told him that she doesn't have the Social Security Number. My bank told me that after 9/11, a US law requires all US bank account holders to have the SSN. I would have also told him that it was better this way because of the tax implication in Thailand. (I don't know if these would help or not, but it was a fact.)

RULE #3: HAVE PLAN OR MAKE PLAN TO RETURN TO THAILAND: During our interview, the officer asked about us. I told him that I now lived here in Thailand with a one year visa. I have been here since 2007. My first visit here was in 2003. We were married in 2005. I also indicated on the application the expected date of travel, what airlines, and the cost for the airline tickets. We also indicated on the application that we only wanted a 30 day visa.

RULE #4: BOTH OF YOU NEED TO BE ON THE SAME PAGE: The officer spoke (in broken Thai) to my wife alone. He asked her if she spoke English? She said no. He asked her, who filled out her application? She said that I did. He then asked her if she understood what the application asked and that everything was true. She said yes. He was then confused. He asked her, if you don't speak English then how do you and your husband communicate? She said that I speak Thai. He then invited me back and we spoke in Thai a little and switched over to English to finish the interview.

RULE #5: REHEARSE THE INTERVIEW: I pretened to be the officer and asked her trick questions. For examples: Why do you want to visit the US? I want to go the museums, beaches, and shopping. Do you want to move to the US to live and work there? I told my wife to answere no and to stress that she was happy in Thailand with her husband, family, and friends. She had a fun job and her own house. Life was great in Thailand and there was nothing in the US for her. Also, US would be too cold in the winter and she didn't like american food.

RULE #6: THE LAST TEST: Once we arrived in the US, we went through the US Immigration. The officer asked me if I knew about the special benefits for my wife. I told the officer that I have no idea and asked the officer what the special benefits were. The officer stated that since my wife was now here in the US with me that she can apply for rescidency to stay permenately. I told the officer that we were just visiting and had to return back to Thailand.

IMHO, if you get rejected, then wait 3-6 months. Reapply for a visa if the circumstances changed.

Q: My visa was denied. Can the decision be overturned?

A: One must reapply and have a second interview for the case to be reconsidered. A refused applicant may reapply at any time should circumstances change or should they become able to present additional evidence of compelling ties to the home country.

When a visa has been denied: Re-Application process

Applicants who have been refused may re-apply at any time for another interview. In order to re-apply, applicants must again follow the same procedure by filling out a new application form and paying another processing fee. A refused applicant can re-apply as many times as he or she likes. But reapplying without significantly stronger evidence or proof of a significant change in the applicant's circumstances is not likely to change the result. As a matter of policy, we try to have the case reviewed by an officer who hasn't seen it before, in order to assure that it gets a fresh look and is adjudicated fairly.

Edited by tripplejjj
Link to comment
Share on other sites

This is just from my personal experience. In July 2008, my wife received a tourist visa to visit the US. She has never been out of Thailand before. She read very little English and I don't even understand her English when she tries to speak it with me. Any how, the best thing is to know the RULES and play by them. I completed the visa application for her and the application reflected that fact. I speak enough Thai so I went over the application with her and rehearsed the interview process with her. While we waited for the interview, I observed many applicants who got rejected. The trend seemed to be that they have no clue what was on the application and they weren't able to "demonstrate" that they DON'T want to stay in the US. I heard one officer asked during the interview, "Do you want to stay in the US and work someday? The applicant, not knowing any better, answered yes and was refused the visa into the US.

RULE #1: EVIDENCE OF TIES: "Applicants for most types of visas must demonstrate they have strong ties outside the United States. Advice on meeting this requirement may be found below."

Proving Ties Outside The United States:

"U.S. law requires most applicants for nonimmigrant visas to establish to the satisfaction of the consular officer that he/she is not an intending immigrant. Applicants can do this by showing evidence of their family, economic and other social ties to a country outside the U.S. No relative, employer, or friend can "guarantee" an applicant's return in place of such evidence. Regardless of who is sponsoring the trip, the consular officer must look at the applicant's own situation to decide whether he or she meets these requirements. Under the law, the visa applicant has the burden of proving that he or she is qualified. Misrepresenting material facts will bar you from receiving a visa or entering the U.S. for the rest of your life."

Types of Evidence That Can Be Used: Family, social and professional circumstances vary greatly among applicants. Because each applicant's situation is unique, it is difficult to say specifically what evidence of ties is likely to be convincing. Following are some suggestions:

• Letters from employers, giving time in the job, salary, and stating that vacation is being given for the period of the trip.

• Bank statements or bank books. While an applicant needs to show he has enough money to make the trip, an individual does not need to be rich to get a visa. It is more useful to show the consular officer a steady banking history, with regular deposits and withdrawals, than a letter stating simply that the applicant has lots of money in the bank.

• Self-employed applicants should try to show that their business is successful and provides a reasonable living. Business registrations are not very useful. Better are contracts, invoices, bills of lading, accountant's reports and bank records showing regular, steady business activity. Note that visa records are confidential; we do not pass any business or income information to any foreign authorities.

RULE #2: NEED TO RETURN TO THAILAND: She has a house here in her own name and a job with the government. The letter from her employer stated everything that was required in RULE #1. The officer did not asked to see any family photo or bank statements. She doesn't have any bank account. My bank accounts were in the US and in my name only. If the office asked why her name was not on there, I would have told him that she doesn't have the Social Security Number. My bank told me that after 9/11, a US law requires all US bank account holders to have the SSN. I would have also told him that it was better this way because of the tax implication in Thailand. (I don't know if these would help or not, but it was a fact.)

RULE #3: HAVE PLAN OR MAKE PLAN TO RETURN TO THAILAND: During our interview, the officer asked about us. I told him that I now lived here in Thailand with a one year visa. I have been here since 2007. My first visit here was in 2003. We were married in 2005. I also indicated on the application the expected date of travel, what airlines, and the cost for the airline tickets. We also indicated on the application that we only wanted a 30 day visa.

RULE #4: BOTH OF YOU NEED TO BE ON THE SAME PAGE: The officer spoke (in broken Thai) to my wife alone. He asked her if she spoke English? She said no. He asked her, who filled out her application? She said that I did. He then asked her if she understood what the application asked and that everything was true. She said yes. He was then confused. He asked her, if you don't speak English then how do you and your husband communicate? She said that I speak Thai. He then invited me back and we spoke in Thai a little and switched over to English to finish the interview.

Wait a minute tripplejjj, you went in with your wife to the tourist visa interview? No one else on this forum has been able to do that- was it because you guys were married in thailand or something? I'm thinking the reason you succeeded was NOT because of your diligent paper work and preparation (plenty of failures prepare just as well and have better merits than you guys did), but merely the fact that YOU were residing in Thailand- all the success stories for tourist visas I've seen here have been when the husband/boyfriend resides in Thailand.... thus you were able to overcome the barrier of her not being able to speak English. Even the most hi-so thai can't get a tourist visa if their lover resides in America. i think.

Link to comment
Share on other sites

Svenn,

You hit the jackpot. The statement that I wanted to make clear to the officer was that neither my wife nor I have any intention of staying in the US. The theme repeated itself in all six rules. As far as going with her in the interview, I suppose that it would make sense for me to be with her since I was her husband and I filled out the application for her. Also, the officer did interviewed her alone without me. I also wanted to add that the officer did made a remark in her visa that she MUST travel with me to the US. There were others there in the interviews as well, such as employers. To tell you the truth, there was nothing that would prevent any one from going into the interview with the applicant. If the officer feels that he needs to interview the applicant alone then he will let the third party know.

Side note: I made one critical error on the application. One question asked if any one has ever filed any application for a visa on her behalf before. I answered NO. The fact was that I did in 2003 when I tried to get her a K-1 visa. I told the officer that I tried it but don't remember if I had submitted the application or not. So I then changed my answer to YES. He then asked me what happened? I told him that my dad was 84 yo and terminally ill and it was best for us at the time that we delayed our plans so I can take care of him.

Edited by tripplejjj
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.







×
×
  • Create New...