Is A Us Tourist Visa Easy If She's Been To Canada?

[Svenn]

My gf just got a Canadian visitor visa from their embassy here in Tokyo (i.e., she also got a Japanese visitor visa)... my confidence is growing that she might actually succeed in getting the US tourist visa once she returns from our holiday in Canada... or is this misplaced? All the cards are stacked against us besides this- I support her (i.e. no solid job), she lives in Thailand/I live in US (I'm American), little education, both of us in twenties, she changed her gender (that's why we can't get fiance visa) etc, etc. I've just been suprised by how easy these two countries have been with our diligent paperwork that it makes me think we should give the USA a shot.... it's not like we have anything to lose I guess... I don't have enough money or patience to attempt the UK or Australia to further build up her creds (though those countries would be a snap if we got married in Canada). as always, thanks for any tips or thoughts.

Edited April 2, 2009 by Svenn

[phaethon]

As I understand it, a girl with a proven track-record of travelling abroad - and returning home without incident - will have an advantage in the visa race over girls who have never left Thailand.

[Svenn]

As I understand it, a girl with a proven track-record of travelling abroad - and returning home without incident - will have an advantage in the visa race over girls who have never left Thailand.

Not sure anyone can answer this, but is the track record usually a guarantee of success or is it just an advantage? e.g., is anyone aware of incidents where a Thai girl traveled to first-world countries, and had an otherwise reasonable application, but was still denied the US tourist visa?

[DirectorIntegrityLegal]

The above poster makes a valid point: Those with a proven record of travel and returning to Thailand will likely be viewed in a more positive light because they can show that they are more prone to abide by visa rules.

That being said, tourist visas are highly discretionary in nature from an adjucation standpoint so it is up to the interviewing officer to make a decision as to whether the applicant can overcome the presumption of immigrant intent by showing strong ties to Thailand and weak ties to the USA. Please see my reply on this thread for more on the presumption of immigrant intent.

In this situation, the twist of your girlfriend having changed genders may work in your favor because the US does not recognize the changed gender so in the eyes of US law you two are of the same sex and under the Defense of Marriage Act the federal government would not (at this time) recognize a same-sex union. Therefore it is impossile for your girlfriend to go to the United States, marry you, and then file an application for adjustment of status because she is not eligible to adjust status.

Couples who have used a tourist visa to bypass the K1, K3, and Immigrant visa routes in order to quickly adjust status in the USA are probably the biggest reason so many Thai-American couples currently get denied for a tourist visa. Since you and she cannot adjust status they might grant the visa because this risk that exists with other Thai-American couples does not exist in your case since she is barred from adjusting. This may soon change under the Uniting American Families Act

I hope this was helpful.

Good luck.

Ben Hart

US Immigration Attorney

Integrity Legal

1-877-231-7533

+66 (0) 2-266-3698

Edited April 2, 2009 by DirectorIntegrityLegal