Tourist Visa ?

[prowler310]

Greetings,

Can anyone tell me if it's possible to get and Visa for my Thai girl friend to come visit me in the US. She doesn't own property or have a lot of money. I've traveled to BKK 5 times this year and can't continue visiting so often. I really love this girl and don't want to commit to marriage till she has a chance to see my home. I guess I could do a K1 but what happens if it doesn't work out. Can she ever get another Visa.

Thanx for the Help

[DirectorIntegrityLegal]

Dear Sir,

A tourist visa is possible although with the information you have provided I would say it is unlikely because she might not be able to show "strong ties" to Thailand. Also, should the Embassy learn that she is in a relationship with you it makes the job of showing she will return to Thailand that much more difficult because she must overcome the presumption that she will go to the US to remain with you indefinitely (a presumption often not easily overcome).

The K1 is an option and allows for the Thai fiancee to remain in the USA for 90 days before she must get married and adjust her status to lawful permanent residence in the US. The chances of being denied a K1 Visa are very low. So long as neither of you have a criminal record or past US Immigration problems and you have never applied for more than 2 K-1s in your lifetime then it is very likely she will receive the visa. That being said, the K1 process is a longer process, but it is made up for by the lack of uncertainty and ease of adjustment to permanent residence once in the US.

As far as if she is denied would that bar her for life, I don't see why she would be denied a K1. There needs to be a valid reason for denying a K1 and if there is a valid reason for denial then it likely is serious enough to bar later visa application. Also, should she be denied a waiver of inadmissibility can be sought and probably obtained. I would advise anyone who wishes to obtain a waiver to seek competent legal counsel.

Please let me know if I can be of further assistance.

Ben Hart

Managing Director

Integrity Legal

WWW.INTEGRITY-LEGAL.COM

[DirectorIntegrityLegal]

My apologies,

When you said "doesn't work out" I thought you meant she would be denied a visa. If the two of you decide not to get married within the 90 day period (for whatever reason) she must leave the country before the visa expires. So long as she does so she will not be in violation of Immigration law and therefore this would not preclude her from obtaining another visa.

If anything this series of events may be seen as a positive for her on a future visa application because the officier will see that she can go to the US and return and is not someone prone to violate the visa regulations.

Again let me know if you need more information.

Ben Hart

Managing Director

Integrity Legal

[prowler310]

Thanx for the reply.

What would happen if I got the K1 and she went home, could we get another K1 with the same girl at a later date ?

Does having a child in BKK constitute strong ties? She also has a job.

Is there a way to use her mother's house somehow ?

Sorry for all the questions but I'm new to all of this.

[DirectorIntegrityLegal]

IMBRA States that if a U.S. citizen has already filed 2 or more fiancée visa petitions and at least 1 of them was granted, he has to wait 2 years from the filing date of the last-approved visa petition to apply for another fiancée visa. Some waivers apply to this rule. This is how I read the statute, but I would retain the services of an attorney if looking to file multiple K1 visas.

A child would likely be seen as a strong tie. A job would as well, although probably weighed less heavily. The mother's home would probably not factor into the equation.

Let me know if I can be of assistance

Ben Hart

Managing Director

Integrity Legal

WWW.INTEGRITY-LEGAL.COM

[Thanyaburi Mac]

Dear Sir,

A tourist visa is possible although with the information you have provided I would say it is unlikely because she might not be able to show "strong ties" to Thailand. Also, should the Embassy learn that she is in a relationship with you it makes the job of showing she will return to Thailand that much more difficult because she must overcome the presumption that she will go to the US to remain with you indefinitely (a presumption often not easily overcome).

The K1 is an option and allows for the Thai fiancee to remain in the USA for 90 days before she must get married and adjust her status to lawful permanent residence in the US. The chances of being denied a K1 Visa are very low. So long as neither of you have a criminal record or past US Immigration problems and you have never applied for more than 2 K-1s in your lifetime then it is very likely she will receive the visa. That being said, the K1 process is a longer process, but it is made up for by the lack of uncertainty and ease of adjustment to permanent residence once in the US.

As far as if she is denied would that bar her for life, I don't see why she would be denied a K1. There needs to be a valid reason for denying a K1 and if there is a valid reason for denial then it likely is serious enough to bar later visa application. Also, should she be denied a waiver of inadmissibility can be sought and probably obtained. I would advise anyone who wishes to obtain a waiver to seek competent legal counsel.

Please let me know if I can be of further assistance.

Ben Hart

Managing Director

Integrity Legal

WWW.INTEGRITY-LEGAL.COM

Ben

I sure don't understand your statement here if you're referring to being denied a tourist visa to the U.S.:

"As far as if she is denied would that bar her for life, ...."

Not so, I know several Thai women who've been denied an NIV (Non Immigrant Visa) once or even twice who, when circumstances have change, have been granted such.

Mac

[DirectorIntegrityLegal]

I'm not saying that she will be barred for life. I thought he was asking: if she was denied a K1 would she be barred for life. In fact, what he was asking was: if it didn't work out between them would she be barred for life. I thought I cleared up this confusion in my second post after the one you quoted. I wasn't talking about being denied a tourist visa but a K1.

[prowler310]

Sorry for the confusion about my question. I sometimes have problems explaining things. ( English is my 1st language 555 )

What I was trying to ask is.... If i bring my girl friend here on a K1 and she goes home within 90 days can I bring her back on another K1 ???

Thanx for all you time and help

Tom

[DirectorIntegrityLegal]

No apology necessary, its my fault for misstating my response. Simply put, yes it would be possible to bring her on one K1 and if she leaves within 90 days, she could reapply for a second K1. The second application would likely be more closely scrutinized, but it would be possible. You may have to wait to file the second petition, or else obtain a waiver from USCIS when filing the second petition. See IMBRA and K-1 Visas for more details.

Best of Luck,

Ben Hart

Managing Director

Integrity Legal

WWW.INTEGRITY-LEGAL.COM