What Should I Do? *unique* Usa Tourist Visa Choices

[Svenn]

Alright, this post is the culmination of 3 hard years, and countless careful immigration considerations. Here's my situation- I'm a US citizen and my wife is Thai, transgendered from male to female. I'm 25 and she's 26. I'll soon (hopefully) pass the bar exam and be an attorney. The past 3 years I've been traveling on my breaks to meet her in 14 different Asian countries, including Japan. We were married in Canada a month ago (which allows same-sex marriage, she got the Canadian visa in Tokyo). She's currently waiting for a New Zealand tourist visa, which I asked her to do to beef up her record even more. She has no salaried job per se, and no education (classic Isaan girl), but helps out her family with projects between BKK and Ubon. We built a 800,000 baht house in Ubon on 500,000 baht land.

Now I want her to finally come to the U.S., as I feel like her traveling record is now sufficiently large (especially if she gets NZ). The only option for her is a tourist visa, because the US does not yet recognize same-sex immigration rights.

Here's the question: do I play the game others have on this forum where she doesn't disclose anything about me and says she got the money from a relative (or some other half-lie)?? ... OR, do I have her disclose everything on the application and spill her heart out... and hope the Embassy will feel sorry for us and grant her a tourist visa in lieu of legislation that would allow a spouse visa???

I'm leaning to the second choice, since I can't believe the Embassy would be so cruel as to prevent us from ever having a life together, and because we wouldn't have to do any white lying. HOWEVER I have read countless stories on this forum where thai applicants have shot themselves in the foot by mentioning the farang supporter (and the embassy might even implicitly WANT honest applicants to lie about it so they don't have to deny them). I've asked a couple lawyers (with no experience in Thailand), with no conclusive answer. Please offer any thoughts you have!

Edited October 10, 2009 by Svenn

[moe666]

Unless she has the $15,000 in the bank and a job to come back to good luck which ever route you take. Also a letter from someone in the states who will gurantee her stay while in the states. Good luck.

[Svenn]

Where did you get that $15,000 figure moe? Is that the general consensus amount she should have?

[moonlightazn]

Alright, this post is the culmination of 3 hard years, and countless careful immigration considerations. Here's my situation- I'm a US citizen and my wife is Thai, transgendered from male to female. I'm 25 and she's 26. I'll soon (hopefully) pass the bar exam and be an attorney. The past 3 years I've been traveling on my breaks to meet her in 14 different Asian countries, including Japan. We were married in Canada a month ago (which allows same-sex marriage, she got the Canadian visa in Tokyo). She's currently waiting for a New Zealand tourist visa, which I asked her to do to beef up her record even more. She has no salaried job per se, and no education (classic Isaan girl), but helps out her family with projects between BKK and Ubon. We built a 800,000 baht house in Ubon on 500,000 baht land.

Now I want her to finally come to the U.S., as I feel like her traveling record is now sufficiently large (especially if she gets NZ). The only option for her is a tourist visa, because the US does not yet recognize same-sex immigration rights.

Here's the question: do I play the game others have on this forum where she doesn't disclose anything about me and says she got the money from a relative (or some other half-lie)?? ... OR, do I have her disclose everything on the application and spill her heart out... and hope the Embassy will feel sorry for us and grant her a tourist visa in lieu of legislation that would allow a spouse visa???

I'm leaning to the second choice, since I can't believe the Embassy would be so cruel as to prevent us from ever having a life together, and because we wouldn't have to do any white lying. HOWEVER I have read countless stories on this forum where thai applicants have shot themselves in the foot by mentioning the farang supporter (and the embassy might even implicitly WANT honest applicants to lie about it so they don't have to deny them). I've asked a couple lawyers (with no experience in Thailand), with no conclusive answer. Please offer any thoughts you have!

After I read your post, I could not resist to sign up for this site to give my comments. I am not an immigraion lawyer or expert, but I have read the US immigration related law and discussion board a lot.

Firstly, I feel for you and your partner. I wish you the best whatever outcome will be.

The reason the U.S. Consular rejected the Tourist visa to applicants who mentioned about 'farang support' or that they have a friend or family member living in US is that there is this one thing called "Dual Intention"

as the US Consular follows in their procedures/guidelines.

Basically,

- All tourist/business visa application is assumed to have dual intention, and the burden of proof in upon the applicant to prove that he/she will return home.

'Dual Intention' - is when Consular assumes that the applicant applies as a Tourist but have another intention to stay there and not leaving the country.

In short, all tourist visa applicant is 'guilty until proven innocent'. which is the opposite of what we have in USA law....'innocent until proven guilty..'

So, when someone mentioned 'farang supporter' or family member living in the USA, the consular will need more evidents from the applicant to prove of his/her intention to return home.

Anyway, we all should tell the truth even though some Consular can not handle the truth. If the outcome is negative, you should hurry up and pass the "Bar" exam, and I do hope you are planning to become an Immigration lawyer, and starting the crusade for the equality of all mankinds.

However, just not mention that she is 'marry' to you, after all you and your wife were not married in the eyes of the US federal law, so she did not lie in this case. IMHO..the word 'marry' makes it even harder for her.

I don't know which state you live in, but if the worst case come, contact your gay friendly Rep if any, or write a lette to Mrs. Clintion. After all, they just passed the regulations to allow federal benefits to Consular staffs who have a gay partner living oversea with them. This current Administration is living in a real world.

Also, contact the American Gay and Lesbian Lawyer Association to see if they have any advice before your wife starts the process.

[gotlost]

Unless she has the $15,000 in the bank and a job to come back to good luck which ever route you take. Also a letter from someone in the states who will guarantee her stay while in the states. Good luck.

There is no regiment of a set amount of money in the bank, they would like to see cash flow. they want to see reasons for her to return, ownership of property (land,house,car,business) parents alive, children.

the USA does not except or require a guarantee letter. She has to show why she will return. Do not apply to the embassy in Bangkok come up to Chiang Mai and apply at US counsel. Also use a visa service that can be done for as Little as 6000bt,4000 to the US for visa 2000 to the agent to handle the paper work.

[gotlost]

Unless she has the $15,000 in the bank and a job to come back to good luck which ever route you take. Also a letter from someone in the states who will guarantee her stay while in the states. Good luck.

There is no regiment of a set amount of money in the bank, they would like to see cash flow. they want to see reasons for her to return, ownership of property (land,house,car,business) parents alive, children.

the USA does not except or require a guarantee letter. She has to show why she will return. Do not apply to the embassy in Bangkok come up to Chiang Mai and apply at US counsel. Also use a visa service that can be done for as Little as 6000bt,4000 to the US for visa 2000 to the agent to handle the paper work.

Also they well want to see your financial statements from hear and the US.

[Svenn]

So, when someone mentioned 'farang supporter' or family member living in the USA, the consular will need more evidents from the applicant to prove of his/her intention to return home.

However, just not mention that she is 'marry' to you, after all you and your wife were not married in the eyes of the US federal law, so she did not lie in this case. IMHO..the word 'marry' makes it even harder for her.

Thanks moonlight. That first point you made is the most perplexing one- I'm worried that once they see she has a house, money in the bank, and a VERY extensive travel record, then that alone will make them automatically think she's OK and give her the visa... my concern is that if she THEN unnecessarily says "oh and I have a farang boyfriend who's supported me" then the consular officer will think, "Darn! She seemed like such a nice girl, I was about to give her the visa but now I have to look into this more closely if there's a farang involved..." Thus we would have shot ourselves in the foot. I technically gave all my money to my girlfriend through her grandma... into her grandma's account... so maybe she could just say "my grandma's rich." Thought the image of an Isaan ladyboy wandering around the world on her own is very amusing to say the least!

That second point about marriage- yes, we have yet to had the real ceremonial marriage... the one we did in Canada was more personal and to help us with other country's visas (e.g. New Zealand is much easier for her to get if she's married to a non-New Zealander, and Canada is easy to get again now too). We only thought maybe it might be better to tell the US we're married so they feel sorry for us more and more inclined to give the tourist visa.

[Svenn]

the USA does not except or require a guarantee letter. She has to show why she will return. Do not apply to the embassy in Bangkok come up to Chiang Mai and apply at US counsel.

They don't even accept guarantee letters? Thanks for the Chiang Mai tip

[DirectorIntegrityLegal]

Alright, this post is the culmination of 3 hard years, and countless careful immigration considerations. Here's my situation- I'm a US citizen and my wife is Thai, transgendered from male to female. I'm 25 and she's 26. I'll soon (hopefully) pass the bar exam and be an attorney. The past 3 years I've been traveling on my breaks to meet her in 14 different Asian countries, including Japan. We were married in Canada a month ago (which allows same-sex marriage, she got the Canadian visa in Tokyo). She's currently waiting for a New Zealand tourist visa, which I asked her to do to beef up her record even more. She has no salaried job per se, and no education (classic Isaan girl), but helps out her family with projects between BKK and Ubon. We built a 800,000 baht house in Ubon on 500,000 baht land.

Now I want her to finally come to the U.S., as I feel like her traveling record is now sufficiently large (especially if she gets NZ). The only option for her is a tourist visa, because the US does not yet recognize same-sex immigration rights.

Here's the question: do I play the game others have on this forum where she doesn't disclose anything about me and says she got the money from a relative (or some other half-lie)?? ... OR, do I have her disclose everything on the application and spill her heart out... and hope the Embassy will feel sorry for us and grant her a tourist visa in lieu of legislation that would allow a spouse visa???

I'm leaning to the second choice, since I can't believe the Embassy would be so cruel as to prevent us from ever having a life together, and because we wouldn't have to do any white lying. HOWEVER I have read countless stories on this forum where thai applicants have shot themselves in the foot by mentioning the farang supporter (and the embassy might even implicitly WANT honest applicants to lie about it so they don't have to deny them). I've asked a couple lawyers (with no experience in Thailand), with no conclusive answer. Please offer any thoughts you have!

After I read your post, I could not resist to sign up for this site to give my comments. I am not an immigraion lawyer or expert, but I have read the US immigration related law and discussion board a lot.

Firstly, I feel for you and your partner. I wish you the best whatever outcome will be.

The reason the U.S. Consular rejected the Tourist visa to applicants who mentioned about 'farang support' or that they have a friend or family member living in US is that there is this one thing called "Dual Intention"

as the US Consular follows in their procedures/guidelines.

Basically,

- All tourist/business visa application is assumed to have dual intention, and the burden of proof in upon the applicant to prove that he/she will return home.

'Dual Intention' - is when Consular assumes that the applicant applies as a Tourist but have another intention to stay there and not leaving the country.

In short, all tourist visa applicant is 'guilty until proven innocent'. which is the opposite of what we have in USA law....'innocent until proven guilty..'

So, when someone mentioned 'farang supporter' or family member living in the USA, the consular will need more evidents from the applicant to prove of his/her intention to return home.

Anyway, we all should tell the truth even though some Consular can not handle the truth. If the outcome is negative, you should hurry up and pass the "Bar" exam, and I do hope you are planning to become an Immigration lawyer, and starting the crusade for the equality of all mankinds.

However, just not mention that she is 'marry' to you, after all you and your wife were not married in the eyes of the US federal law, so she did not lie in this case. IMHO..the word 'marry' makes it even harder for her.

I don't know which state you live in, but if the worst case come, contact your gay friendly Rep if any, or write a lette to Mrs. Clintion. After all, they just passed the regulations to allow federal benefits to Consular staffs who have a gay partner living oversea with them. This current Administration is living in a real world.

Also, contact the American Gay and Lesbian Lawyer Association to see if they have any advice before your wife starts the process.

I think the doctrine that you are referring to is actually the presumption of immigrant intent under 214b of the Immigration and Nationality Act. This statute requires consular officers to presume all applicants are immigrants unless they can prove otherwise. The applicant can do this by showing strong ties to their home country (or any country that is not the USA) and weak ties to the US. The Doctrine of Dual Intent is a different Immigration concept that applies to visas such as the K1, L1, and H1-B. A visa that allows dual intent is technically a non-immigrant visa, but leaves the option open for adjusting status to an immigrant visa. In this forum, the most familiar example of a visa that allows for dual intent is the K1 Fiance Visa.

Unfortunately, in this case, 214b may act as a bar to your wife's entry to the USA. Under United States law, the transgendered are still considered to be the gender of their birth. Under the provisions of the Defense of Marriage Act, US Federal law does not recognize same-sex marriage. Therefore, family immigration benefits are currently unavailable to your wife (there are those currently in Congress trying to change this, most notably Representative Jerrold Nadler and his Uniting American Families Act). In many cases involving transgendered or same sex couples it is almost a net benefit to disclose the relationship because under US federal law the couple cannot obtain US Immigration benefits, so there is no risk, from the point of view of the Consular Officer, that the couple will attempt to adjust status based upon marriage because they are legally precluded from doing so. That being said, this analysis would only apply in a true tourist visa situation.

Based upon the facts you have described, it is highly possible that a non-immigrant tourist visa might be rejected notwithstanding the fact that she would be ineligible for adjustment of status because it sounds as though you want her to come live with you on a permanent basis and that is not what the tourist visa is intended to be used for. Please be advised, it is NOT a good idea to lie at the Embassy particularly because there is good reason to believe that the current immigration laws will be changed to accommodate those in your situation. It is also unwise as misrepresentation of material facts in a visa application is a legal grounds of inadmissibility.

With that in mind, you both may want to look at other immigrtion options. If she is truly willing to work, then a J1 visa could be utilized to bring her to the USA on a temporary basis (although there could be a post visa foreign residence requirement, which is something that should be researched). An employment visa may also be an option, the previously mentioned L1 or H1 visas may be something to look into. Further, an F1 student visa could be beneficial, but again she must be genuinely utilizing the visa for its stated purpose, do not use any visa in such a way that does not comport with the law.

If you want to put an end to this situation, then tell your Senators and Representative to support initiatives such as the Uniting of American Families Act and thereby remedy this unfairness.

I hope this was helpful and best of luck in your endeavors.

Ben Hart

Immigration Attorney

[eurozhongguo]

Although it is difficult for Thais to enter the US, this was not, however, the experience of an Isaan female friend of mine who applied in conjunction with her mother to go to the US on a tourist visa to visit their relatives. They made it clear to the Embassy that they would be staying with their relatives, but said that they would only stay 2 weeks. In fact, they stayed 4 months and immigration didn't ask to see their flight tickets on entry. This seems to be confirm that it can certainly be done. My friend is not rich, in any sense of the term, but does own property in Thailand as does her mother.

[RAZZELL]

She seemed like such a nice girl

In Thailand "she" will always be a "he".

There is no way to change "her" gender on her passport or ID card.

RAZZ

[gunnyd]

The U.S. recognizes transgendered individuals as the opposite sex if they made a full transition i.e. have their genitals completely transformed. So if she has a vagina under US law she will be recognized legally as female so same sex marriage law does not apply. But it is very unlikely she will be granted a tourist visa. The U.S. considers all tourist visa applicants immigrants, basically you are guilty until proven innocent. The exceptions are ladies over 45, landowners, married, and rich.

If she has fully transitioned to female you would be better off having her apply for a K-1 visa.

[moonlightazn]

The U.S. recognizes transgendered individuals as the opposite sex if they made a full transition i.e. have their genitals completely transformed. So if she has a vagina under US law she will be recognized legally as female so same sex marriage law does not apply. But it is very unlikely she will be granted a tourist visa. The U.S. considers all tourist visa applicants immigrants, basically you are guilty until proven innocent. The exceptions are ladies over 45, landowners, married, and rich.

If she has fully transitioned to female you would be better off having her apply for a K-1 visa.

Very interesting what you said....but she is still 'he' in Thai law, so she can not really apply for K-1 visa per se with her passport stating title "MR..."

[moonlightazn]

[That second point about marriage- yes, we have yet to had the real ceremonial marriage... the one we did in Canada was more personal and to help us with other country's visas (e.g. New Zealand is much easier for her to get if she's married to a non-New Zealander, and Canada is easy to get again now too). We only thought maybe it might be better to tell the US we're married so they feel sorry for us more and more inclined to give the tourist visa.

'"....feel sorry for us...." Not sure about that....some may do, and some may don't.

If they apply the word "...feel sorry for us...", then most people should get a Tourist visa....or come to live with their love one.

I remembered reading the article 1-2 year back about the South American guy being deported. One of the Rep got involved, forgot who, but I think it was Rep. Barney Frank, who was trying to help because the guy was married to his American partner in one of those 5 states. Not sure what the outcome was.

Telling the truth is the best to do, and we all should do it. I always tell the truth. Lying is the worst thing in life.

When I said..."not to mention about being marry..", I meant that you should maybe use the "Don't ask, Don't tell' policy. Your wife would not be able to fill in the form for 'Spouse information' anyway, the computer may not take it :-) Mr...marry to Mr...

So, I don't see why they will ask the question, but I am sure they will know that this person has some deeply relationship with that 'farang'....if they ask, then tell them.

Who knows, the consular who will interview your wife might be in the same situation as you

[flyned]

Although it is difficult for Thais to enter the US, this was not, however, the experience of an Isaan female friend of mine who applied in conjunction with her mother to go to the US on a tourist visa to visit their relatives. They made it clear to the Embassy that they would be staying with their relatives, but said that they would only stay 2 weeks. In fact, they stayed 4 months and immigration didn't ask to see their flight tickets on entry. This seems to be confirm that it can certainly be done. My friend is not rich, in any sense of the term, but does own property in Thailand as does her mother.

Were your friends granted this visa on their first attempt? BKK or CM?

Is it correct that my friend living in BKK can apply and interview in CM if we are there on holiday?

Thanks,

ET

[tombkk]

So, when someone mentioned 'farang supporter' or family member living in the USA, the consular will need more evidents from the applicant to prove of his/her intention to return home.

However, just not mention that she is 'marry' to you, after all you and your wife were not married in the eyes of the US federal law, so she did not lie in this case. IMHO..the word 'marry' makes it even harder for her.

Thanks moonlight. That first point you made is the most perplexing one- I'm worried that once they see she has a house, money in the bank, and a VERY extensive travel record, then that alone will make them automatically think she's OK and give her the visa... my concern is that if she THEN unnecessarily says "oh and I have a farang boyfriend who's supported me" then the consular officer will think, "Darn! She seemed like such a nice girl, I was about to give her the visa but now I have to look into this more closely if there's a farang involved..." Thus we would have shot ourselves in the foot. I technically gave all my money to my girlfriend through her grandma... into her grandma's account... so maybe she could just say "my grandma's rich." Thought the image of an Isaan ladyboy wandering around the world on her own is very amusing to say the least!

That second point about marriage- yes, we have yet to had the real ceremonial marriage... the one we did in Canada was more personal and to help us with other country's visas (e.g. New Zealand is much easier for her to get if she's married to a non-New Zealander, and Canada is easy to get again now too). We only thought maybe it might be better to tell the US we're married so they feel sorry for us more and more inclined to give the tourist visa.

I don't know about USA. But many years ago, my then-boyfriend applied for a tourist visa to Canada, which was rejected on the grounds that they could not see why he would return to Thailand. It was not about gender.

I appealed on his behalf based on a possible bias by the embassy staff, the trip being for participation in the Gay Pride Parade. It wasn't entirely true (even though we did visit the parade, the main purpose of the trip was plain old tourism), but it did hit the nerve and the visa was eventually granted.

As another poster mentioned, the point is whether the staff at the embassy believes your lady wants to stay in the West or return to Thailand. As an example, I know of Thai women being rejected visas to Europe (Schengen) even though they were married to European men.

Go figure. And it's not about gender. Assets (like money in the bank, ownership of land) help, but ultimately it's up to the consular officer.

[Jimi007]

Although it is difficult for Thais to enter the US, this was not, however, the experience of an Isaan female friend of mine who applied in conjunction with her mother to go to the US on a tourist visa to visit their relatives. They made it clear to the Embassy that they would be staying with their relatives, but said that they would only stay 2 weeks. In fact, they stayed 4 months and immigration didn't ask to see their flight tickets on entry. This seems to be confirm that it can certainly be done. My friend is not rich, in any sense of the term, but does own property in Thailand as does her mother.

Were your friends granted this visa on their first attempt? BKK or CM?

Is it correct that my friend living in BKK can apply and interview in CM if we are there on holiday?

Thanks,

ET

Look at The US Embassy Thailand wesite. It gives a list of provinces that can apply at CM or BKK. I don't think you can just choose which one you want to apply at, but it is based on your residence...

[Jimi007]

Although it is difficult for Thais to enter the US, this was not, however, the experience of an Isaan female friend of mine who applied in conjunction with her mother to go to the US on a tourist visa to visit their relatives. They made it clear to the Embassy that they would be staying with their relatives, but said that they would only stay 2 weeks. In fact, they stayed 4 months and immigration didn't ask to see their flight tickets on entry. This seems to be confirm that it can certainly be done. My friend is not rich, in any sense of the term, but does own property in Thailand as does her mother.

Were your friends granted this visa on their first attempt? BKK or CM?

Is it correct that my friend living in BKK can apply and interview in CM if we are there on holiday?

Thanks,

ET

Look at The US Embassy Thailand wesite. It gives a list of provinces that can apply at CM or BKK. I don't think you can just choose which one you want to apply at, but it is based on your residence...

[moe666]

Afew years ago a friends girlfriend applied for a tourist visa to visit the US with him at that time the wanted to see $15,000 dollars in her bank account, she had $30,000 and they also requested a letter from his dad that he would provide finicial support if she became sick or injured. A true story believe it or not up to you.

She did get the visa, at the time she was a school teacher at the same school my friend taught at.

[moe666]

Svenn, is there a Wat were you plan on living if so there maybe an option for you and wife.

We have a Wat here and a few years ago they brought in a ladyboy( she travelled as a guy) to teach Thai dance. Darla also had several friends teaching music, dance, and Thai language at a couple of other Wats around the States, New York,and Denver come to mind. The Wat would have to sponser your wife for the visa and she would have to teach as well.

[Svenn]

Well, she has an interview on Friday at the U.S. Embassy. I decided to go the all-honest route and disclose our marriage in Canada. I tried to stress the fact that fiance visas are not available to her so this visitor visa is her only way to ever see me in the U.S. If they reject that argument and deny her, I'm not sure what else I can do.... if immigration authorities want to destroy non-conventional relationships of U.S. citizens, I guess they have the power to do that if they want....

If on the other hand she gets the visa, I'll buy everyone here an emoticon beer the current wait time is only 1 day, so I guess she'll know Saturday or Monday.

[DirectorIntegrityLegal]

Well, she has an interview on Friday at the U.S. Embassy. I decided to go the all-honest route and disclose our marriage in Canada. I tried to stress the fact that fiance visas are not available to her so this visitor visa is her only way to ever see me in the U.S. If they reject that argument and deny her, I'm not sure what else I can do.... if immigration authorities want to destroy non-conventional relationships of U.S. citizens, I guess they have the power to do that if they want....

If on the other hand she gets the visa, I'll buy everyone here an emoticon beer the current wait time is only 1 day, so I guess she'll know Saturday or Monday.

Did they take her passport after the interview and tell her that they'd mail it back?

[alyx]

Hey

She will get interviewed the day after tomorrow (and Ben, If I were to need guidance I would certainly be glad to know someone like you: I am not poking you)

After reading through this very interesting thread I must admit that there are very sound advice but, it also looks to me that your wife intends to stay over there (at least from what I understood in your first post)

I am not a US citizen and certainly do not know anything about laws , in that country or another one for that matter, but my feeling is that the advice from moe666 seems the best adapted to your situation

Why do you want to rush it? you have been waiting for a while already so is it worth the haste? In this case it would be rashness

Give it some time

Anyway I wish you the best outcome possible

Edited December 16, 2009 by alyx

[Svenn]

Why do you want to rush it? you have been waiting for a while already so is it worth the haste? In this case it would be rashness

Give it some time

Anyway I wish you the best outcome possible

I suppose if I waited another 8 months or a year I'd be able to get her account up to $15,000, but that just seems futile if they know I'm giving it to her. I want do to this now partly because I'm lonely and don't feel like taking another trip over there and also because I feel the longer we wait, the weirder it will look to the Embassy: "you've been seeing each other for 3 years and gone to 12 countries, but you're just NOW applying for a US visa?" ... "is she like your sex slave escort or something as you sell her to different clients across Asia?" etc.

[mizzi39]

Why do you want to rush it? you have been waiting for a while already so is it worth the haste? In this case it would be rashness

Give it some time

Anyway I wish you the best outcome possible

I suppose if I waited another 8 months or a year I'd be able to get her account up to $15,000, but that just seems futile if they know I'm giving it to her. I want do to this now partly because I'm lonely and don't feel like taking another trip over there and also because I feel the longer we wait, the weirder it will look to the Embassy: "you've been seeing each other for 3 years and gone to 12 countries, but you're just NOW applying for a US visa?" ... "is she like your sex slave escort or something as you sell her to different clients across Asia?" etc.

At any rate good luck to you Svenn and keep us posted on the outcome. Everyone deserves to be happy and live the life they want to live, so long as they are not hurting anyone else which you surly are not.

My wife will apply a tourist visa (US) next month. Not sure what the outcome will be. We have a 16 month old son together and my family wants us to visit in April. I have not been back in almost 3 years. We will eventually apply for the marriage visa but did not want to wait for the turn around time since there is no guarantee that it would be back by April. If the tourist visa falls through, then i guess we will have no other option, and will have to delay our trip and play the waiting game until the marriage visa is approved. Man i hate politics.

Best wishes to you and your partner.

[DirectorIntegrityLegal]

Hey

She will get interviewed the day after tomorrow (and Ben, If I were to need guidance I would certainly be glad to know someone like you: I am not poking you)

After reading through this very interesting thread I must admit that there are very sound advice but, it also looks to me that your wife intends to stay over there (at least from what I understood in your first post)

I am not a US citizen and certainly do not know anything about laws , in that country or another one for that matter, but my feeling is that the advice from moe666 seems the best adapted to your situation

Why do you want to rush it? you have been waiting for a while already so is it worth the haste? In this case it would be rashness

Give it some time

Anyway I wish you the best outcome possible

I know you're not poking me and thanks for the compliment.

I'm an idiot for not reading the post carefully as Svenn said that she had not had the interview yet. Good luck Svenn

All the Best!!!

[Svenn]

SHE GOT THE VISA !!!

I can't believe it. She says an older blonde lady came into the interview room, politely asked where we got married, "in Canada" my wife said, whereupon the lady smiled, and then my wife urged her to read the long Appeal to Heaven of sorts I wrote to the Embassy, whereupon the lady smiled even more as she read my pathetic pleas. "Wow you love him right?" She said with a smile "we'll mail you the visa to Ubon in a week."

I am shocked. No job, no education, $2,000 USD in the bank (she didn't even check her bank records though), the lady didn't even look at any other documents my wife brought in!!

A happy ending indeed.

My next question though- once she comes back from the U.S., will it be easier to get a 10-year multiple entry visa, or is there a chance she could get denied the second time if she doesn't get such a nice lady as her inspector?

Edited December 18, 2009 by Svenn

[DirectorIntegrityLegal]

SHE GOT THE VISA !!!

I can't believe it. She says an older blonde lady came into the interview room, politely asked where we got married, "in Canada" my wife said, whereupon the lady smiled, and then my wife urged her to read the long Appeal to Heaven of sorts I wrote to the Embassy, whereupon the lady smiled even more as she read my pathetic pleas. "Wow you love him right?" She said with a smile "you can pick up the visa in a week."

I am shocked. No job, no education, $2,000 USD in the bank, the lady didn't even look at the other documents my wife brought in!!

A happy ending indeed.

My next question though- once she comes back from the U.S., will it be easier to get a 10-year multiple entry visa, or is there a chance she could get denied the second time if she doesn't get such a nice blonde lady as her inspector?

Many Congratulations!!!

As to a later visa, make certain that she does NOT overstay and abides by every term of the visa. If it says "Accompanying AMCIT," or "Accompanying American Citizen," on the visa itself, then be certain that you are on the same flight and enter the USA at the same time as she does.

I would highly recommend that she not remain longer than 30 days in the USA. Also, and this may not apply now, make sure that there is a gap of at least 3 months between each visit to the USA.

I think if she shows a history of obeying the Immigration rules, staying in status, and using the B1/B2 visa strictly for non-immigrant tourism purposes (hence the 1 month cap on each visit), then she will have an excellent chance of obtaining a long term B1/B2 at a later date. However, next time they will likely only give her a 1 year multiple entry visa and then after that she may be able to get a 10 year multiple entry tourist visa once she has proven that she can be trusted to obey the rules.

I'm very happy for the both of you and wish you well in the future.

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

[SoCal]

Mizzi- You should have no problem. Important part is to document why you will return, if your wife has no compelling reason.

Svenn- Congrats. I don't know about 10yr, but she should have no problem getting another toursit visa, as long as she does not violate the terms/overstay. It gets easier and easier once you have the first. Vietnam consulate does not offer 10yr, but they no longer look at my wifes paperwork, just have a friendly chat.

[alyx]

Congratulations

It is actually amazing as I thought the US rules would be tougher (but I am sure they had crosschecked deeply every bit of informations you had given them even though you are under the impression it was done on a light note)

What is also incredible, is the little time needed to know whether a visa has been granted or not.

Take an EU Embassy:

1) Civil Union (almost 10 years) doesn't give you the same rights as a married couple (newly wed). it is just taken in account but does not give more than a 3 month tourist visa

2) Takes 2 or 3 days to get the passport back (that is when you know)

I wish you the best

Edited December 18, 2009 by alyx