Visa To Us For Thai Relative

[NovaBlue05]

My wife and I currently live in the US. I am a US citizen and she has a Permanent Resident Card and a full time job here for 10 years now. We are tentatively planning on retiring to Thailand in about 3 years. In the meantime, my wife is pregnant and due later this year. She would like to bring her older sister here to live with us for as much of that remaining time prior to retirement as possible. Her sister would care for the child during the day while we are at work and we would pay her via money into her Thai bank account to go towards a modest house she wants to build back on the family farm.

At first glance, I am thinking that a Non I B2 tourist visa appears to be the logical route but I am woefully inexperienced in these things. She is in her mid fifties, speaks no english and should raise no fear on the part of an immigration man that she is coming to the States looking for a husband

I would appreciate any suggestions on options I can research further that might put us into a position of getting her over here and then somehow stretching the time out for the 3 years or so.

Thanks in advance

[kdc1899]

Hi

I am also interested in bringing my wifes sister, her husband and my wifes mother.

[DirectorIntegrityLegal]

As to the issue of bringing your sister in law to the USA to work while paying in Thailand. A tourist visa is a non-immigrant visa that does not confer the right to work. Therefore working as a nanny in the USA could be grounds for deportation because she would be working illegally. Also, the fact that the work occurs in the USA, but the remittance of money in compensation is made to a Thai bank account could be construed as tax evasion. Also, tourist visa holders are generally granted the right to temporary stay in the USA for 6 months at a time, so called "border runs," like in Thailand tend to be frowned upon.

As to the consular officer's opinions about whether she will meet a man in the USA, this is somewhat irrelevant insofar as they do not care about her romantic affiliations so much as her ability to overcome the presumption of immigrant intent. The consular officer must believe, based upon her situation, that she is unlikely to go to the USA and remain in order for the tourist visa to be granted. To see more about this issue, please see this thread

As to the Visa issues, Once your wife goes to the USA and Naturalizes, then she can sponsor the sister, but their relationship would place her in the 5th preference category and the current wait time for a visa in that category is 10 years. As for obtaining a visa for the parent of a Naturalized US Citizen Thai, the naturalized Thai can petition for an Immediate Relative Visa based upon their relationship.

I hope this was helpful

Best of Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

+66 (0) 266-3698

1-877-231-7533