What Type Of Tourist Visa For Non Immigrating Wife Of Us Citizen Required?

[flying]

My wife has a friend who travels back & forth to the US on a 10 yr tourist visa.

On her last trip she got married to her long time business partner in the US.

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

Anyway on her last trip they pulled her aside at the US port of entry & questioned her. Told her she would be turned away at the gate the next time she comes to the US if she uses the same visa. But did let her enter. Now she is probably in the system & will be flagged unless she gets a different visa.

So now she is leaving the US & wants to know exactly what visa is she to apply for?

Stumps me because I would have thought her 10 year visa would still be ok since she is non immigrant & no intent to adjust status.

Does anyone know what visa she should now apply for when she returns to Thailand so she may continue to travel back & forth for both business & visiting her husband?

[oldgeezer]

My wife has a friend who travels back & forth to the US on a 10 yr tourist visa.

On her last trip she got married to her long time business partner in the US.

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

Anyway on her last trip they pulled her aside at the US port of entry & questioned her. Told her she would be turned away at the gate the next time she comes to the US if she uses the same visa. But did let her enter. Now she is probably in the system & will be flagged unless she gets a different visa.

So now she is leaving the US & wants to know exactly what visa is she to apply for?

Stumps me because I would have thought her 10 year visa would still be ok since she is non immigrant & no intent to adjust status.

Does anyone know what visa she should now apply for when she returns to Thailand so she may continue to travel back & forth for both business & visiting her husband?

If she will conduct business, she must have a green card. My Thai wife has 10 year U.S. visa and gave up her green card years ago for the same reason, so she can go back and forth as tourist. Did she declare she was going to do business?

In any case if she gets a green card, she can still travel back and forth but cannot leave U.S. for (I believe) more than 3 months. At least that is what it used to be. U.S. embassy could help with more specific answers.

Sorry I can't be more helpful.

[Thanyaburi Mac]

My wife has a friend who travels back & forth to the US on a 10 yr tourist visa.

On her last trip she got married to her long time business partner in the US.

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

Anyway on her last trip they pulled her aside at the US port of entry & questioned her. Told her she would be turned away at the gate the next time she comes to the US if she uses the same visa. But did let her enter. Now she is probably in the system & will be flagged unless she gets a different visa.

So now she is leaving the US & wants to know exactly what visa is she to apply for?

Stumps me because I would have thought her 10 year visa would still be ok since she is non immigrant & no intent to adjust status.

Does anyone know what visa she should now apply for when she returns to Thailand so she may continue to travel back & forth for both business & visiting her husband?

It's not at all "improper" to get married in the U.S. while on a tourist visa. That's exactly what my Thai wife & I did 10 years ago, and we then returned to Thailand, no "adjustment of status" request filed, or desired. She was then on a 10-year tourist visa and continued to travel on it every 2-3 years until it expired. Then in 2006 she needed a new tourist visa, got another 10-year one, primarily based on my "retirement extensions" here in Thailand, house, cars, kids, etc.

Note, NO "business" related travel at all, only occasional, once every 2-4 years.

So, how to handle situation with AmCit husband primarily living in the U.S., but also visiting Thailand often for "months" at a time? And Thai wife visiting U.S. on "business?"

http://bangkok.usembassy.gov/non-immigrant_visas.html

NOTICE: A visa is not a guarantee of entry into the United States. Under U.S. law, a visa entitles the bearer to request admission into the U.S., but does not guarantee entry. Persons issued a visa are subject to inspection at the port of entry by officials of the U.S. Department of Homeland Security (DHS). U.S. Immigration officials at the port of entry have the final authority to permit or deny entry to the U.S.

xxxxxxxxxxxxxxxxxxxxx

I'm assuming she now has a "B1/B2" visa, how about hitting up the Consulate and requesting just a straight "B1" visa?

http://travel.state.gov/visa/temp/types/types_1262.html

Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas, select Business Travel to the United States – What Type of U.S. Visa Will You Need.

This, with an accompanying letter explaining the situation for frequent travel, and husband's travel and stays in Thailand, might well sway U.S. Immigration at Port of Entry. Should probably have copies of hub's passport pages showing the many stays here.

Mac

[delmersomsri]

In any case if she gets a green card, she can still travel back and forth but cannot leave U.S. for (I believe) more than 3 months. At least that is what it used to be. U.S. embassy could help with more specific answers.

If you are out of the borders of the US or it's protectorates (Porta Rico, American Samoa, etc.)for a period of six months or more and posses a green card you are suppose to turn your green card in for a ten year visa card at the nearest US Embassy. Found this info on the US immigration web site. If you attempt to enter the US on the green card and been out of the country for more than six months they may not let you enter. There's no guarantee for any visa as one poster stated.

[DirectorIntegrityLegal]

My wife has a friend who travels back & forth to the US on a 10 yr tourist visa.

On her last trip she got married to her long time business partner in the US.

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

Anyway on her last trip they pulled her aside at the US port of entry & questioned her. Told her she would be turned away at the gate the next time she comes to the US if she uses the same visa. But did let her enter. Now she is probably in the system & will be flagged unless she gets a different visa.

So now she is leaving the US & wants to know exactly what visa is she to apply for?

Stumps me because I would have thought her 10 year visa would still be ok since she is non immigrant & no intent to adjust status.

Does anyone know what visa she should now apply for when she returns to Thailand so she may continue to travel back & forth for both business & visiting her husband?

It's not at all "improper" to get married in the U.S. while on a tourist visa. That's exactly what my Thai wife & I did 10 years ago, and we then returned to Thailand, no "adjustment of status" request filed, or desired. She was then on a 10-year tourist visa and continued to travel on it every 2-3 years until it expired. Then in 2006 she needed a new tourist visa, got another 10-year one, primarily based on my "retirement extensions" here in Thailand, house, cars, kids, etc.

Note, NO "business" related travel at all, only occasional, once every 2-4 years.

So, how to handle situation with AmCit husband primarily living in the U.S., but also visiting Thailand often for "months" at a time? And Thai wife visiting U.S. on "business?"

http://bangkok.usembassy.gov/non-immigrant_visas.html

NOTICE: A visa is not a guarantee of entry into the United States. Under U.S. law, a visa entitles the bearer to request admission into the U.S., but does not guarantee entry. Persons issued a visa are subject to inspection at the port of entry by officials of the U.S. Department of Homeland Security (DHS). U.S. Immigration officials at the port of entry have the final authority to permit or deny entry to the U.S.

xxxxxxxxxxxxxxxxxxxxx

I'm assuming she now has a "B1/B2" visa, how about hitting up the Consulate and requesting just a straight "B1" visa?

http://travel.state.gov/visa/temp/types/types_1262.html

Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas, select Business Travel to the United States – What Type of U.S. Visa Will You Need.

This, with an accompanying letter explaining the situation for frequent travel, and husband's travel and stays in Thailand, might well sway U.S. Immigration at Port of Entry. Should probably have copies of hub's passport pages showing the many stays here.

Mac

Quite Right. There is nothing inherently wrong with marrying a US Citizen on a tourist visa, the issue is going to the USA on a tourist visa with the undisclosed intent to adjust status. This is highly frowned upon, but simply being married to an American does not mean that the foreign spouse must apply for Lawful Permanent Resident Status.

That being said, some Immigration authorities seem to be trying to push foreign spouses with non-immigrant visas toward applying for permanent residence. They sometimes do this by finding that the foreign spouse is an intending immigrant without proper documentation under section 212(a)(7) of the Immigration and Nationality Act. That is why proving the reason for these trips is so important, as Mac says, no one has a "right" to enter on a visa and Customs and Border Protection could make a finding that she is an improperly documented immigrant and turn her away at the immigration checkpoint. Unfortunately, as she is married to a Citizen, she is counter intuitively running a greater risk of being turned away at the port of entry on a non-immigrant visa and it is even more important than ever that she provide evidence of her non-immigrant intent.

[flying]

Thanks everyone for the replies.....

Yes I agree it is ok to marry on a tourist visa if you have no preconceived idea of doing so.

Also it is true that

1) it is best not to leave while adjusting status ( but due to business they do not have or want that option now)

2) on your 1st 2 years of green card not to stay out of the country more than 6 months per year or it could be seen as abandoning your temp residency status. ( Same as above they do not want to do green card now)

Problem with this case is since it was truly innocent & they knew no better I guess the person proposed in between flights.

So when the girl arrived this time the immigration person looking at her frequent visits said ....Oh back again? To see your boy friend? When are you folks getting married? She said ...Oh I think we will get married this week

Well I guess that got her a meeting in the back room. After which I guess they could see she was obviously being honest & let her go but explained wrong visa for marriage etc. But also told her & later her fiance by phone that she would not be allowed to re-enter on that visa again.

So now I wonder what they mean ...Odd too that they let her enter. But they made it clear next time she would be put on a return flight as soon as she arrived.

[DirectorIntegrityLegal]

It is best not to leave while one is in the adjustment of status process. However, it is possible after one has obtained an advance parole travel document. This allows an alien to leave and return without falling out of status. That being said, they probably would not grant it on a tourist visa adjustment because the Immigration officers do not like these type of adjustments as undisclosed immigrant intent could be inferred from the situation you have described. Contacting an attorney with immigration expertise in the United State would probably be advisable.

If the green card holder is out of the country for more than 6 months, the officer at the port of entry could infer that they have abandoned their residence. This is unlikely, but not something one should risk if one wishes to maintain their status. After a year abroad there is a presumption that residence has been abandoned. A green card holder can obtain a reentry permit which would allow the permanent resident to remain abroad for up to two years without raising the presumption of residential abandonment.

Should one remain out of the country past this period of time, they can obtain an SB-1 returning resident visa by submitting an application.

You mentioned "temp residency status," this is referred to as Conditional Lawful Permanent Residence. Only the US bureaucracy could meld two seemingly disparate notions like "conditional" and "permanent." One has all of the rights and benefits of an unconditional permanent resident, but it requires and the eventual submission of a petition to lift conditions before the alien will be issued a 10 year green card.

It sounds as though the immigration officers were reasonable and respected the fact that she told the truth. This is good to hear.

All the Best!

Benjamin Hart

US Immigration Attorney

Integrity Legal

[CWMcMurray]

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

I think it is pretty clear from the OP that she does not want to adjust her status or immigrate to the US...

Her current visa type 10yr tourist visa still seems to be the right one (depending on how much time she actually spends in the US). This being said, if she is spending enough time in the US that she would qualify for an Immigrant visa they will push her to do so.

I would advise her to go back to the US Embassy and advise them what has happened and ask them what needs to be done.

Given that she is now married to a US Citizen, she may need to re-submit an application for another 10yr tourist visa (since her situation has significantly changed, they may need to re-evaluate and issue a new visa).

[DirectorIntegrityLegal]

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

I think it is pretty clear from the OP that she does not want to adjust her status or immigrate to the US...

Her current visa type 10yr tourist visa still seems to be the right one (depending on how much time she actually spends in the US). This being said, if she is spending enough time in the US that she would qualify for an Immigrant visa they will push her to do so.

I would advise her to go back to the US Embassy and advise them what has happened and ask them what needs to be done.

Given that she is now married to a US Citizen, she may need to re-submit an application for another 10yr tourist visa (since her situation has significantly changed, they may need to re-evaluate and issue a new visa).

I was simply answering his questions about possible adjustment. I think you are correct. The proper visa sounds like a B2. That being said, if they cancel her current B2 and she reapplies for a new one (assuming the Embassy reissues) CBP can still turn the entrant away again, notwithstanding what decision the consulate has made, and cancel the newly issued B2. Visa issuance does not imply a right to entry.

Remember these are two different bureaucracies and they often do not see eye-to-eye. Unfortunately, this is an example of how the immigration system pushes non-immigrant spouses into immigrant status.

[flying]

I think it is pretty clear from the OP that she does not want to adjust her status or immigrate to the US...

Her current visa type 10yr tourist visa still seems to be the right one (depending on how much time she actually spends in the US). This being said, if she is spending enough time in the US that she would qualify for an Immigrant visa they will push her to do so.

I would advise her to go back to the US Embassy and advise them what has happened and ask them what needs to be done.

Given that she is now married to a US Citizen, she may need to re-submit an application for another 10yr tourist visa (since her situation has significantly changed, they may need to re-evaluate and issue a new visa).

Yes you have described her situation.

I thought the same....meaning when she returns ...which is soon... She should just go in & explain. She now being married has changed her situation I agree.

The only fly in the ointment for her may be that now the burden of proof that she will return in the future to Thailand each time may be seen as a slightly more risky bet.

Then again the fact that she has traveled for years & always returned should hopefully help her case.

Thanks everyone for you thoughts