Jump to content

Recommended Posts

Posted

My Thai girlfriend received a k1 fiance visa and lived in the usa for 3 months last summer.

While there she married an American.

She returned to Thailand in August after 3 months in the usa.

She has not divorced the guy.

I want her to visit me in the us for a while.

Can she return to the US?

Does she need to visit the embassy in Bangkok for a stamp or something?

Posted

Did she apply for the Change of Status after she got married to get her green card? If so, did she apply for permission to leave the US while on a conditional green card?

Sounds like it is unlikely she did any of this, therefore she will need to apply for a B1/B2 visa to enter the US again. How to get that is dealt with in many threads here.

TH

Posted

A problem will likely arise based upon the fact that she is currently married to an American. The consular officer must believe that she has overcome the presumption of being an immigrant to the USA. The fact that she is still married to a US Citizen could lead to problems in that she could be viewed as someone who intends to go to the USA and then file for permanent residence based upon her marriage to a citizen. That's not to say this is in fact the case, but instead a logical inference that can be made based upon her situation. This could lead to a denial of a tourist visa. If she wishes to marry you and live in the US with you then the best course of action would probably be to obtain a divorce and file for a K1 Fiancee or Marriage Visa.

Hope this was helpful,

Ben Hart

Managing Director

Integrity Legal

1-877-231-7533

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...