Us Visa For Thai Girlfriend

[bryan2]

Greetings!

I'm wanting to help my Thai girlfriend get a visa to visit the US. I am an American citizen, currently in Thailand on a double-entry tourist visa, and will be returning to the US in April.

I've read through a lot of posts on this topic and have learned a great deal from this forum. However, I still feel the need for advice specific to my situation so I am posting here with as many details as I can think of that might be relevant. Some of the details might not be helpful or relevant, but since I don't know which ones matter, I'll attempt to share everything I can think of. If anyone can provide any tips or suggestions, my girlfriend and I will be very grateful.

We've been dating since February 2009. We've been living together for the last 3 months. We're at the point in our relationship where we'd like to have her come visit the US so we can see if she likes it and if she might want to move there eventually, assuming our relationship progresses to the point of wanting to get married. We're not ready to make that lifetime commitment yet. As much as I like visiting Thailand, I don't want to relocated here, and we need to make sure she likes America, as well as give our relationship more time to develop, before we would want to move to the next level of commitment.

We'd really like to get her a tourist visa. That is our strong preference. However, from reading a lot of this forum, we're getting the sense that it's likely she will be declined. We've also talked to a few female Thai friends who were able to obtain tourist visas quite easily, so we're confused about whether it makes sense to even try for a tourist visa.

We're trying to decide which type of visa to apply for. We would also appreciate advice on how to best present the facts so we can optimize our chances of a successful application. Here are some facts about our situation:-- She's 27, I'm 39.

• -- She has a master's degree from a Thai university.
  
• -- She owns a car worth about 250,000 Baht
  
• -- She owns no other property
  
• -- She has very little in her bank account, although I could deposit a hefty amount there, I don't know if that would help anyway.
  
• -- She speaks good English
  
• -- She is employed as an Administrative Assistant to an individual American businessman who lives in Thailand. She would have a job waiting for her when she returns, but I'm not sure how strong this will be on an application as he doesn't have a large credible Thai company.
  
• -- She has a strong relationship with her mother and her sister, who live here in the same city.
  
• -- She has traveled to France, Indonesia, Singapore, China, Lao, Mynamar, Hong Kong, and Malaysia, on relatively brief tourist visas
  

In addition to the tourist visa, we've also considered applying for a work/travel visa, but we'd only do this one if we have to, since we don't really want her to be stuck in a job she doesn't like. I can support her during her visit to the US. Also, the companies who make these arrangements seem to charge a lot, and they don't usually have jobs available where I live in the US (smaller city).

A student visa might make sense. She would enjoy studying English, or perhaps Marketing, but we don't know much about the process of getting this type of visa, and we'd rather not go this route unless it makes the most sense and other options don't work.

We've considered the fiancé visa, but we've heard it takes 1.5 years to get it, and we would only go this route if we had no other better options.

Here are a few questions we have:Will it look bad on her record if she applies for a tourist visa and gets declined. Will this make it more difficult to obtain a different type of visa in the future?

1. Have I left out any types of visas that we might want to consider applying for?
   
2. Should we use a company that helps people get visas?
   
3. Are there any other pieces of information we might want to include on our application that will show her strong ties to Thailand and her motivation to return?
   
4. If we apply for a tourist visa, should she even mention that she has a US boyfriend? Would it be better to just leave that out of the application?
   
5. If we apply for a tourist visa, should I deposit some money in her bank account?
   
6. Is there anybody on this forum who is knowledgeable and might be willing to sit down and let me pick your brain over a cup of coffee or a beer?
   
7. Are there any particularly helpful posts on this forum that I might have overlooked? Or, any good web pages that outline our options?
   

Thanks in advance for any help!

Bryan

[oldgeezer]

Masters degree, car, job and above all having travelled to many countries and returned should be sufficient for tourist visa. Applying is the only way you can be certain. The U.S. is mainly concerned with her having a compelling reason to return to Thailand. Unseasoned money in her account may not be beneficial and in fact, harmful if they believe you put it there just to get visa.

Go for it. No penalty for turndown.

[thaihome]

Important that she not list visiting you or your family in US as reason for visa. Since you do not live in Thailand that would be a big red flag that she is intending to migrate. Agree, that on her own, with previous travels, she will likely get the visa.

TH

[mizzi39]

My situation is different than yours in the sense that I am married and we have a child together. the only thing i may have in common with you is that i am an American and we share the same age difference as you and your girlfriend (my wife and I are 12 years apart).

My wife has an appointment for her tourist visa next Monday with the US embassy. i will be happy to PM with the status of her interview, however don't know how this will help your situation. Here is my 2 baht.

When we got our son registered with the embassy for his passport and birth abroad certificate, (18 months ago) i was fortunate enough to speak with the US consular. He did ask my wife and i if we were planning on returning to the States. Since i work here i told him maybe in the future, but not anytime soon. I did state that i would like to take my wife for a visit when our son was a little older (which that time has now come). He did reinforce to me that the applicant bears the burden of convincing the immigration officer that applicant will not emigrate and will return to their home country. He stated that what they are looking at is CONSISTENCY. Paper trail is a good way to show this. Any way that you can show a steady relationship will help your situation as well. You may need to be a little creative here since you are not married.

You will get many opinions here but keep in mind that everyone's situation is unique, so it is hard to pinpoint what is relevant or irrelevant to your situation. These are not my words but the embassy's.

As far as money goes, i would not advise you to make a chunky deposit into her account. This practice is actually discouraged. Again what they want to see as far as her financial situation is consistency. Consistent deposits and withdrawals.

Best of luck to the both of you! Mizzi.

Edited January 18, 2010 by mizzi39

[Spaniel]

2. Should we use a company that helps people get visas?

NO! The on-line application is fairly easy to complete and you have already been given good info here. I dont think any of these companies that advertise have any special contacts in the consulate that would guarantee getting a visa.

[kyb789]

I agree with everthing written above. My gf has a similar background and she was approved twice for U.S Visa. I live in Thailand, but there were somethings that just got on my nerves.

1. The officer was most intersted in my evidence of employment in Thailand. I had to give her a copy of my job offer letter. This was further evidence that she would be returning to Thailand along with me.

2. I had a huge stack of materials, photos, letter of invitations from my parents, letter stating I would pay all bills, etc, my bank accounts, etc. Both times the officer didn't even look at it.

3. I know many people that got a 10 year visa without even asking, or even had a plane ticket. My gf only got a 3 month each time. So once again, we will have to go back and apply the next time.

We didn't use an agency, and I don't think you need to. However, it is important to follow the website instructions exactly. Make no mistakes and don't leave out any requested informaton. Letter from her employer stating she has been granted vacation time and must return to work is a good one. That letter was always read by the embassy, and kept on file.

[mizzi39]

I agree with everthing written above. My gf has a similar background and she was approved twice for U.S Visa. I live in Thailand, but there were somethings that just got on my nerves.

1. The officer was most intersted in my evidence of employment in Thailand. I had to give her a copy of my job offer letter. This was further evidence that she would be returning to Thailand along with me.

2. I had a huge stack of materials, photos, letter of invitations from my parents, letter stating I would pay all bills, etc, my bank accounts, etc. Both times the officer didn't even look at it.

3. I know many people that got a 10 year visa without even asking, or even had a plane ticket. My gf only got a 3 month each time. So once again, we will have to go back and apply the next time.

We didn't use an agency, and I don't think you need to. However, it is important to follow the website instructions exactly. Make no mistakes and don't leave out any requested informaton. Letter from her employer stating she has been granted vacation time and must return to work is a good one. That letter was always read by the embassy, and kept on file.

Very well said. What the Embassy does not tell you is that they are interested in YOUR Thais to Thailand as well, so having some paper trail would be in the OP's best interest

[bryan2]

Massive amounts of gratitude for everyone who has replied so far. My girlfriend and I are feeling more optimistic after reading your replies that we might be able to get a tourist visa. Your replies bring up a few additional questions:

1. A few people said it looks bad if she has a big deposit in her account before applying. But doesn't it also look bad if she has barely any money in her account for traveling in the US? I wonder if we should make a small to medium sized deposit. She can explain that it's a gift from her family to help cover her travel expenses. Is this something they are looking at as well... How she will fund her travels?

2. One person said that if we go for the tourist visa it's better if she just leaves me out of the picture. Do other people agree? If we do that, what's a good purpose of her visit? She does have a few friends in the US that she would like to visit. Do they get detailed in their inquiry about this?

3. I'm still interested in hearing input on other types of visas. We might need to get creative if we get declined for the tourist visa.

Thanks again!

Bryan

[DirectorIntegrityLegal]

2. One person said that if we go for the tourist visa it's better if she just leaves me out of the picture. Do other people agree? If we do that, what's a good purpose of her visit? She does have a few friends in the US that she would like to visit. Do they get detailed in their inquiry about this?

3. I'm still interested in hearing input on other types of visas. We might need to get creative if we get declined for the tourist visa.

I would highly recommend NOT taking the advice in number 2 above. I believe that the fact that she has a boyfriend from the US is a material fact in a Consular Officer's adjudication. Therefore, omitting this fact could be viewed as a material misrepresentation of fact, this is a legal ground of inadmissibility and could result in a finding that your girlfriend is inadmissible to the USA for as long as 10 years.

If you are thinking about a fiance visa, as you said in your original post, then you should know a few things:

If you have a genuine intent to marry, then she is your fiancee and this fact should be disclosed when asked on the Department of State forms in the Tourist visa application.

Also, the K-1 fiancee visa does not usually take 1.5 years to obtain. Usually, we find that it takes approximately 7 months to obtain this visa.

Finally, if she obtains a tourist visa and enters the United States with the undisclosed intention to marry you, file for adjustment of status, and reside in the US, then this is not the correct travel document for her to use and taking the above outlined actions could result in serious penalties for you both. There is also an ever increasing risk that she will be stopped at the Port of Entry by the Customs and Border Protection Service. They can place her in expedited removal proceedings and find that she is an undisclosed intending immigrant which could result in her being inadmissible to the United States for as long as 5 years.

I'm not trying to be the prophet of doom, but there are serious risks involved for those using a tourist visa for any other purpose besides genuine tourism. Even if the visa is granted, this does not give her the right to enter the US and CBP is scrutinizing entrants more carefully. Although a fiance visa takes longer, if you intend to marry her in the US, then this is probably a better option as it is less risky and comports with current US Immigration law.

I hope this was helpful

All the Best,

Ben Hart

US immigration Attorney

Integrity Legal

[bryan2]

Thank you Ben for informing us about some of the potential risks. I want to clarify a few things. She is not my fiance. We are not engaged and we don't currently plan to get married. If that was the plan, the getting an fiance visa would obviously be our best option.

Marriage is a strong possibility in the future, but frankly, the only reason we're even discussing it already is because of this whole visa challenge. Otherwise we would be letting our relationship evolve more organically, living together, getting to know each other, until we felt confident that it was the right thing to make that lifetime commitment.

If she does get a tourist visa, then there are two likely scenarios. One scenario is that she comes to visit the US, and doesn't like it enough to live there, or we find that we're not compatible for a long-term commitment for whatever reason, and she returns to Thailand. The other scenario would be that our relationship continues to deepen, and she really likes the US, and so we decide to figure out a way for her to live there long-term.

If the second scenario takes place, I wonder what would be our options for next steps. If we want to get married, can she then apply for a fiance visa? Is that the best way? You mentioned getting married, then applying for a change of status. You mentioned that could come with penalties. Can you elaborate?

Finally, this is all hypothetical at the moment, if we do get married, what happens next? Does she then apply for yet another type of visa?

As you can see, we're not trying to be dishonest or manipulate the system, we're just trying to take our relationship one step at time, and not force things just to make it possible for her to visit the US and see if she likes it.

Thanks Again,

Bryan

[Pakboong]

Her case for a tourist visa has merit and has a reasonable chance of approval. It is hard to say what your involvement in the process with her will do to/for her case. Ideally, the Embassy would like to see a person self contained and able to travel internationally with a solid reason to return to their home country. Your having a tourist visa here hurts that compelling reason to return as she will be asked to add you as a travel partner or face possible deception considerations. You could have her travel separately and not have to face answering that question. The immigration officials who do the interview were not born yesterday and fooling them is not easy so I wouldn't try. Take your time and build a case. Couldn't she actually do professional sevices for her employer of other employers and deposit that additional amount in her account each month. She simply has to have tax records on the 3% withheld. With her education, she could make enough money to travel on her own. Be creative in accounting for the money and get it into her account with consistent deposits and withdrawals which show a normal life with normal spendings.

[hawthorne]

Ok here is my tale. My wife went to the Embassy in BKK two days ago for her third attempt for a Tourist visa. First attempt she was single young and with a government job and only been to Hong Kong.

second attempt she lived and had residence in a foreign country and the emabssy official told her she had to live in this country a year before obtaining the tourist visa to US.

third attempt: After the second attempt we had applied for the I129 immigration visa. After making it to the final step I had to cancel it because of various stipulations on when she recieves the visa I had to give up my foreign residence since I neither work for the US gov or an American company. The embassy official saw on her application that she had previously applied for the I129 and said it was still open. She tried to explain to him that no we canceled in July 2009. Secondly He questioned her how long we intended to live in our present country and she said 10 plus years is our goal. He asked her for proof that I had a ten year contract. She never claimed I had such a contract only of what our intentions were. He asked if I workd for an oil company which I do. (what bearing is that?) Ofcourse I do not have a ten year contract but she took with her all my passport info, my residence visa copy and my work visa. She had bank statements for the past several months where she has made deposits and withdrawals. That did not seem to be a point of favor or not. She only owns a car and a motorbike in Thailand.

Fouth attempt is in a week up in Chiang Mai. The difference this time. She has a letter of invitation from my parents to visit the US. A letter from me inviting her and guaranting I will be responsible for her health care and all other forms of financial responsiblity. A letter from my company with company seal stating my position, salary length of employment to date. Now she has her residency visa in her passport for our country of residence.

She was so upset she called me in tears. Not wanting to go to the US. We have travled all over and lived in two foreign countries during our marriage. But can't seem to conquer the US Embassy staff. I am an ex DOD employee and ex military. Nothing seems to help.

I wil return after the 27th and give my update.

After all of our discussions no one seems to know the exact formula other than she needs to show proof she will not stay in the US and being over 35 are the two strongest suggestions we have found.

Good luck to anyone going through this very painfull process.

My suggestion is to stick with the tourist visa and absolutely do not lie.

[thaihome]

Ok here is my tale. ...

Good luck to anyone going through this very painfull process.

My suggestion is to stick with the tourist visa and absolutely do not lie.

I read these types of stories here and I’m bewildered by them. I don’t doubt the veracity, but they just conflict so much with my personal experience with US Embassies in Thailand and other countries as well as many people I know. My wife got her US tourist visa in China 2 months after we arrived there. I know so many people that have got their wives (and GF) of various Asian nationalities visas, often not in their own country, that I can’t count them all.

I wonder what causes the problems for some.

TH

[Pakboong]

Ok here is my tale. ...

Good luck to anyone going through this very painfull process.

My suggestion is to stick with the tourist visa and absolutely do not lie.

I read these types of stories here and I’m bewildered by them. I don’t doubt the veracity, but they just conflict so much with my personal experience with US Embassies in Thailand and other countries as well as many people I know. My wife got her US tourist visa in China 2 months after we arrived there. I know so many people that have got their wives (and GF) of various Asian nationalities visas, often not in their own country, that I can’t count them all.

I wonder what causes the problems for some.

TH

The reasons maybe something very apparent to the interviewers but not apparent to the applicant. I friend of a friend did the interviews at the Embassy several years ago and the stories he told were entertaining to say the least. They don't have to have a reason to refuse. They simply have to feel that refusal is appropriate. An example could be something as simple as an exposed tattoo. Look and act your best during the interview. Don't give them any reason not to like you.

[DirectorIntegrityLegal]

Ok here is my tale. My wife went to the Embassy in BKK two days ago for her third attempt for a Tourist visa. First attempt she was single young and with a government job and only been to Hong Kong.

second attempt she lived and had residence in a foreign country and the emabssy official told her she had to live in this country a year before obtaining the tourist visa to US.

third attempt: After the second attempt we had applied for the I129 immigration visa. After making it to the final step I had to cancel it because of various stipulations on when she recieves the visa I had to give up my foreign residence since I neither work for the US gov or an American company. The embassy official saw on her application that she had previously applied for the I129 and said it was still open. She tried to explain to him that no we canceled in July 2009. Secondly He questioned her how long we intended to live in our present country and she said 10 plus years is our goal. He asked her for proof that I had a ten year contract. She never claimed I had such a contract only of what our intentions were. He asked if I workd for an oil company which I do. (what bearing is that?) Ofcourse I do not have a ten year contract but she took with her all my passport info, my residence visa copy and my work visa. She had bank statements for the past several months where she has made deposits and withdrawals. That did not seem to be a point of favor or not. She only owns a car and a motorbike in Thailand.

Fouth attempt is in a week up in Chiang Mai. The difference this time. She has a letter of invitation from my parents to visit the US. A letter from me inviting her and guaranting I will be responsible for her health care and all other forms of financial responsiblity. A letter from my company with company seal stating my position, salary length of employment to date. Now she has her residency visa in her passport for our country of residence.

She was so upset she called me in tears. Not wanting to go to the US. We have travled all over and lived in two foreign countries during our marriage. But can't seem to conquer the US Embassy staff. I am an ex DOD employee and ex military. Nothing seems to help.

I wil return after the 27th and give my update.

After all of our discussions no one seems to know the exact formula other than she needs to show proof she will not stay in the US and being over 35 are the two strongest suggestions we have found.

Good luck to anyone going through this very painfull process.

My suggestion is to stick with the tourist visa and absolutely do not lie.

hawthorne,

I think that you are running head on into the presumption of immigrant intent under section 214b of the Immigration and Nationality Act.

The separate issue of residence and domicile is a real "sticky wicket" in the context of a K1 visa. One needs to show that they are taking affirmative steps to re-establish their American domicile. That being said, it can be done, but the documentation is very important.

Now that the I-129f application has been put into the system I think that a tourist visa is probably a lost cause in your case. Depending upon how long ago you applied for the K1 you may be able to use the same petition as a basis for an application at the Embassy now although getting the underlying petition re-validated can be difficult if a great deal of time has elapsed. Your best shot would probably be to refile a new one. Although you may run into multiple filer problems due to the International Marriage Broker Regulation Act (IMBRA), but this can usually be overcome if explained properly.

I hope this was helpful and good luck in your endeavors!

Ben Hart

US Immigration Attorney

Integrity Legal

[Svenn]

-- She has traveled to France, Indonesia, Singapore, China, Lao, Mynamar, Hong Kong, and Malaysia, on relatively brief tourist visas

From my experience I think a travel record, especially from developed countries like France, can seal the deal. We applied around Christmas time and my partner, typical kohn Isaan, had no education, no job, poor English, and about $2,000 in a bank account which I testified I had entirely funded the last 3 years of our relationship.... AND I am a mere student here in the U.S. (I've never lived in Thailand). She had been to Japan and Canada with me, and had an unused visa to New Zealand, and my thought was that must have been the deciding factor; though to be honest the officer didn't even look over anything that was handed to her besides the 3 page official application. She got a 10 year multiple entry visa on Christmas day in the mail.

Edited January 21, 2010 by Svenn

[bryan2]

I appreciate all of the great discussion my original post inspired on this thread. I hope the discussion has been helpful for people. I'd like to bring things back to my last post, as the conversation has gone in some different directions. Does anyone have more input for me, now that I have provided this additional information below?

One other piece of info that might be relevant. We won't be traveling together. The plan is that I am returning to live in the US in April. If she can get a tourist visa (still our first choice if possible) she will come later.

Thanks Again,

Bryan

Thank you Ben for informing us about some of the potential risks. I want to clarify a few things. She is not my fiance. We are not engaged and we don't currently plan to get married. If that was the plan, the getting an fiance visa would obviously be our best option.

Marriage is a strong possibility in the future, but frankly, the only reason we're even discussing it already is because of this whole visa challenge. Otherwise we would be letting our relationship evolve more organically, living together, getting to know each other, until we felt confident that it was the right thing to make that lifetime commitment.

If she does get a tourist visa, then there are two likely scenarios. One scenario is that she comes to visit the US, and doesn't like it enough to live there, or we find that we're not compatible for a long-term commitment for whatever reason, and she returns to Thailand. The other scenario would be that our relationship continues to deepen, and she really likes the US, and so we decide to figure out a way for her to live there long-term.

If the second scenario takes place, I wonder what would be our options for next steps. If we want to get married, can she then apply for a fiance visa? Is that the best way? You mentioned getting married, then applying for a change of status. You mentioned that could come with penalties. Can you elaborate?

Finally, this is all hypothetical at the moment, if we do get married, what happens next? Does she then apply for yet another type of visa?

As you can see, we're not trying to be dishonest or manipulate the system, we're just trying to take our relationship one step at time, and not force things just to make it possible for her to visit the US and see if she likes it.

Thanks Again,

Bryan

[khaowong1]

Masters degree, car, job and above all having travelled to many countries and returned should be sufficient for tourist visa. Applying is the only way you can be certain. The U.S. is mainly concerned with her having a compelling reason to return to Thailand. Unseasoned money in her account may not be beneficial and in fact, harmful if they believe you put it there just to get visa.

Go for it. No penalty for turndown.

no penalty for turndown, however, visa fee is up front and non-refundable and not cheap...

[MAJIC]

2. Should we use a company that helps people get visas?

NO! The on-line application is fairly easy to complete and you have already been given good info here. I dont think any of these companies that advertise have any special contacts in the consulate that would guarantee getting a visa.

Absolutely correct agencies charge Megabucks,they only survive because applicants assume that they will be their best

chance,they know nothing about your circumstances so why pay them and tell them the answers when you can do it

yourself.

Good Luck

[7by7]

Two posts deleted as they appear to be merely full quotes of previous posts with no new comment added by the poster.

[mizzi39]

Ok here is my tale. My wife went to the Embassy in BKK two days ago for her third attempt for a Tourist visa. First attempt she was single young and with a government job and only been to Hong Kong.

second attempt she lived and had residence in a foreign country and the emabssy official told her she had to live in this country a year before obtaining the tourist visa to US.

third attempt: After the second attempt we had applied for the I129 immigration visa. After making it to the final step I had to cancel it because of various stipulations on when she recieves the visa I had to give up my foreign residence since I neither work for the US gov or an American company. The embassy official saw on her application that she had previously applied for the I129 and said it was still open. She tried to explain to him that no we canceled in July 2009. Secondly He questioned her how long we intended to live in our present country and she said 10 plus years is our goal. He asked her for proof that I had a ten year contract. She never claimed I had such a contract only of what our intentions were. He asked if I workd for an oil company which I do. (what bearing is that?) Ofcourse I do not have a ten year contract but she took with her all my passport info, my residence visa copy and my work visa. She had bank statements for the past several months where she has made deposits and withdrawals. That did not seem to be a point of favor or not. She only owns a car and a motorbike in Thailand.

Fouth attempt is in a week up in Chiang Mai. The difference this time. She has a letter of invitation from my parents to visit the US. A letter from me inviting her and guaranting I will be responsible for her health care and all other forms of financial responsiblity. A letter from my company with company seal stating my position, salary length of employment to date. Now she has her residency visa in her passport for our country of residence.

She was so upset she called me in tears. Not wanting to go to the US. We have travled all over and lived in two foreign countries during our marriage. But can't seem to conquer the US Embassy staff. I am an ex DOD employee and ex military. Nothing seems to help.

I wil return after the 27th and give my update.

After all of our discussions no one seems to know the exact formula other than she needs to show proof she will not stay in the US and being over 35 are the two strongest suggestions we have found.

Good luck to anyone going through this very painfull process.

My suggestion is to stick with the tourist visa and absolutely do not lie.

Seems like you and your wife are getting the run around. My wife had her interview yesterday with the Embassy for her tourist visa. We have been married for 2 years and have an 18 month old son.

When her number was called, and she went to the window the immigration officer scanned through her paperwork (ties to Thailand) Marriage certificate, registration, sons Thai BC, and US consular certificate, and my information, etc. etc., and asked her no more than 5 questions. They did not even look at her bank books and only scanned half of the information we provided.

My son and i stayed back at the hotel, since i could not accompany her anyway. All of the questions pertained to me and our son, assessing OUR ties to Thailand (so it seemed to my wife). After my wife answered the officer took her passport, smiled and said that "your visa will be sent to you in 3 to 4 days". Whole process took 1 hour. My wife is 29 certainly not rich (nor am I) and this is her first visa so every case is unique.

My suggestion is to provide them with a paper trail, and assume that they will only look at half of what you provide.

[tripplejjj]

My suggestion is for her to get a tourist visa on her own without you in a picture to complicate the application process. The interview process is designed to determine if she has a strong reason to return to Thailand and not stay in the US.

+ a Master's Degree from a Thai university (commitment to Thailand)

+ little money in the bank (more reason to return to Thailand and work)

+ employed as an Administrative Assistant (she would need a letter from her employer stating her position, tenure, salary/wages, address, and date of vacation)

+ she has traveled to France, Indonesia, Singapore, China, Lao, Mynamar, Hong Kong, and Malaysia on tourist visas (She is a tourist.)

+ she speaks English

The most obvious questions: why/when/where/how

Why would she want to come to the US? IF the reason is to visit a "boyfriend" then that is a bad answer. A better answer is to go site seeing (name some tourist landmarks would help) and visit "friend (s)". A logical assumption when a female goes to the US to visit a male friend is that she wants to visit her "boyfriend". She needs to play down the relationship aspect.

When is the travel dates? It would help greatly if she narrow her travel dates. This is an indication that she plans to return to Thailand because of work. Anything over 30 days is not realisic if she has a job.

How is she paying for the trip and Where she will be staying in the US?

This is usually when "shit hits the fan". Time and time again, the "boyfriend" comes to the rescue. (BAD idea.) A tipical answer would be that her "boyfriend" and his family is paying for everything and is resposible for her welfare while she is in the US. (More reasons not to return to Thailand.)

The point that I like to make is that she needs to provide evidence of wanting to return to Thailand. You two need to rehearse the interview. Ask her if she likes to live and work in the US? She better answere no and give reasons like: I just want to visit the US. I don't want to live or work in the US. I have a job, family, and life in Thailand. There is nothing in the US for me. I am happy in Thailand.

2. Should we use a company that helps people get visas?

NO. This seems like a despirate tourist.

4. If we apply for a tourist visa, should she even mention that she has a US boyfriend? Would it be better to just leave that out of the application?

She is the only one that has to apply for a tourist visa, not you.

5. If we apply for a tourist visa, should I deposit some money in her bank account?

If you deposit money in her bank account, then you just complicate things.

7. Are there any particularly helpful posts on this forum that I might have overlooked? Or, any good web pages that outline our options?

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

[bryan2]

It would help greatly if she narrow her travel dates. This is an indication that she plans to return to Thailand because of work. Anything over 30 days is not realisic if she has a job.

How is she paying for the trip and Where she will be staying in the US?

This is usually when "shit hits the fan". Time and time again, the "boyfriend" comes to the rescue. (BAD idea.) A tipical answer would be that her "boyfriend" and his family is paying for everything and is resposible for her welfare while she is in the US. (More reasons not to return to Thailand.)

Thanks tripplejjj. A lot of what you say makes sense. Do you have personal experience with this?

Also, you suggest applying for a 30 day trip since longer than 30 days seems strange if she has a job that is expected her to return. Actually, her boss really will let her stay for several months, and we want her to come for at least 3 months ideally. If we say the trip will be longer than 30 days, do you think it hurts our application significantly? I don't know how this works. Can she say the trip is 30 days on her application, but still end up staying several months, or are they going to give her a visa for only 30 days if that's what she applies for?

Also, about who is paying for the trip. I agree that it seems to weaken her application significantly if we she says her "boyfriend" will be paying for her travel and living expenses, however, the reality is that her bank account doesn't reflect the kind of money needed for a 3-month trip to the US. I'm also assuming it weakens the application if she doesn't show a believable way of covering all of her expenses. Can anyone educate me a bit more on this. What are they looking for here? How much money? How much proof? Are they going to ask for bank records, or does she just need to say something believable, such as "my family is covering it"?

[hawthorne]

I posted a few days ago about my wife being turned down in BKK last week. Today she got a ten year visa in Chiang Mai. I asked my wife what she thought made the difference on her 4th attempt. The amount of people applying in Chiang Mai were greatly reduced and the officer talked to her for a very long time about personal issues like my children and there ages. how often she communicated with my mother either by email or phone. How the two of us met. How long were have been married. Also what were the circumstances when she tried before. Basically it seems he wanted to know if she was genuine in her replys. We had a strong bond. How well she knew things about me. None of the others asked these questions.

The papers: They did not ask for a bank record or statment. He did look at the letter of invitation to visit the states from my parents. He did examine and ask lots of questions about my employment papers. He seemed to be confirming my financial ability to take care of her.

I have no clue to this whole process other than you keep trying...

[thaihome]

... He did examine and ask lots of questions about my employment papers. He seemed to be confirming my financial ability to take care of her.

After first confirming her ties to you, he then went about confirming your ties to Thailand.

TH

[mizzi39]

I posted a few days ago about my wife being turned down in BKK last week. Today she got a ten year visa in Chiang Mai. I asked my wife what she thought made the difference on her 4th attempt. The amount of people applying in Chiang Mai were greatly reduced and the officer talked to her for a very long time about personal issues like my children and there ages. how often she communicated with my mother either by email or phone. How the two of us met. How long were have been married. Also what were the circumstances when she tried before. Basically it seems he wanted to know if she was genuine in her replys. We had a strong bond. How well she knew things about me. None of the others asked these questions.

The papers: They did not ask for a bank record or statment. He did look at the letter of invitation to visit the states from my parents. He did examine and ask lots of questions about my employment papers. He seemed to be confirming my financial ability to take care of her.

I have no clue to this whole process other than you keep trying...

Glad to hear that your wife got her visa sorted hawthorne . My wife just received her tourist visa via mail about 30 minutes ago and was approved for 10 years first time around (from Bangkok). Why some have to make 4 attempts and others get it first try (some never get approved even when there may be little or no reason for denial)) is a mystery to me, but it is fair to assume that the HUMAN FACTOR plays a BIG role as to whether or not an applicant gets approved, probably even bigger than the paper trail laid out for them. I think that your post is a good example of this as the IO does not need a reason to deny an applicant.

Like your wife the IO never even looked at my wife's finances, not that there was much to look at anyway. She is a stay at home mom still has another year to finalize her degree, and i work full time here in LOS . I am still many years from retirement age so you can gather that we are neither rich nor even well off. Unlike your wife the IO asked my wife a total of 4 questions the whole interview taking under 3 minutes...

What she was able to do was show consistent ties to me (and our son). Some people have stated that if wife or GF is older and has other visas stamped it makes it easier. My wife is 29 and has never been out of Thailand.

I think that your last line sums it up appropriately since i too have no clue to this whole process other than you keep trying. Good Luck to the OP. Hope everything works out for you and your GF.

[hawthorne]

Mizzi, congrats to your wife, First try that is cause for celebration.

Maybe having a child and being employed in Thailand helped?

[HerbalEd]

A quick related question: Two years ago my Thai girlfriend was turned down for a US tourist visa. Now she wants to apply again. Will the US Embassy have a record of her first application? Will they ask if she has applied before? Thanks

[mizzi39]

Mizzi, congrats to your wife, First try that is cause for celebration.

Maybe having a child and being employed in Thailand helped?

No doubt that being employed here and having a child together was a major factor in getting the approval. The embassy does not state that i have to have ties to Thailand and i am sure that they do not want to encourage people marrying to make the Visa process easier, but the reality is that they are looking at MY ties to Thailand, my wife, and son almost as equally as my wife's ties to Thailand, me, and our son, (or at least this is the feeling that i get).

I am still surprised that our finances were not even looked at.

[tripplejjj]

Thanks tripplejjj. A lot of what you say makes sense. Do you have personal experience with this?

Yes, it was from a personal experience but my circumstance was not exactly the same as yours. Also, I had the benefit of listening to several other interviews while I waited for four hours for an interview.

Also, you suggest applying for a 30 day trip since longer than 30 days seems strange if she has a job that is expected her to return. Actually, her boss really will let her stay for several months, and we want her to come for at least 3 months ideally. If we say the trip will be longer than 30 days, do you think it hurts our application significantly? I don't know how this works. Can she say the trip is 30 days on her application, but still end up staying several months, or are they going to give her a visa for only 30 days if that's what she applies for?

I am not certain exactly the length of the visa. However, my "friend" got her tourist visa for 90 days when she only asked for a 15 day. This was exactly what we wanted and it worked out as planned. We told the interviewer that she wanted a tourist visa for just 15 days (or 30 in your case) but she wasn't sure yet when because of her work (reason to return to Thailand). She got a letter from her employer that specifically stated that she was given 30 days within the 90 day period to take leave. The obvious question was, shouldn't she knew already when she wanted to take leave?"

I am like many people. I am not going to buy her a plane ticket without a visa. So I told her to tell the interviewer exactly that. I also told her to express that she needed flexibility because of her employment. In addition, the airfare was cheaper if you buy the ticket 8 weeks in advance and travel in the non peak period.

The first part was to get the 90 day visa without making it seems like she wanted to stay in the US. The second part was to stay in the US for the 90 days instead of the 15 days. (Now, when she asked for 15 days, she only took 15 days.) This process is simple too. The airline should not allow you to purchase a ticket if you don't have a valid visa. If her visa was for 90 days then she can only get a round trip ticket to travel to the US within the 90 day period. When she arrived in the US (the port of embarkation), she has to pass the second interview with the immigration officer. The immigration officer will try to trick her with questions so she might reveal her true intent. (This is the most critical but easy to pass.)

Sample questions:

1. Why are you here in the US? (employment, tourist, medical, marriage, etc.)

2. Where are you staying? (hotel, family, friends, "boyfriend", etc.)

3. How long are you staying? (The answer better be within the visa period and the date of the return trip on the plane ticket. She also need to remember the return date in her head.)

Her answers better be the same in the application and during the interview at the embassy. Now for Question #3, she stated that she wanted 30 days but now intending to stay more than 30 days (via her airline ticket). This may be a red flag if the immigration officer realizes this. I don't think there is much that he can do to deny her entry base on this fact alone but he will try another way with the follow up questions.

4. Do you have friends here in the US?

5. Do you have a "boyfriend"? (It is none of his business and she doesn't have to answer but it is a no win situation for her not to answer yes/no. Regardless of how she answers, the immigration officer will lead her to the path to deny her entry. Remember, ALL the immigration officers and officials are not her friends.)

6. Here comes the trick question and it goes something like this. You know that if you have a "boyfriend" here and you two want to get married, then you can change your visa so you can stay here?

Wrong answers:

1. Yes, I know and that's the plan.

2. No, I did not know, but I will do it.

Correct answers:

1. No, I did not know but I am not interested in staying in the US. I have to go back to Thailand to work.

2. I am not going to get married and stay in the US.

3. I will most likely leave earlier than planned. People here are rude.

Also, about who is paying for the trip. I agree that it seems to weaken her application significantly if we she says her "boyfriend" will be paying for her travel and living expenses, however, the reality is that her bank account doesn't reflect the kind of money needed for a 3-month trip to the US. I'm also assuming it weakens the application if she doesn't show a believable way of covering all of her expenses.

In similar cases as yours, when a "boyfriend" is involved in funding the travel and living expenses, the risk to stay in the US has increase substantially. Unfortunately, the burden of proof lies with the applicant to show that she will return to Thailand. Because you have to pay for her trip, your involvement can not be neglected. The best approach is to keep it basic, simple, realistic, and factual.

At this point, the interviewer will try to ascertain if she has strong ties in Thailand. What she says, how she says, and her demeanor will determine the subjective outcome. My only advice is to stick with the facts and negate the assumptions.

Facts:

1. You both are not engaged and therefore not in a committed relationship. (So this is the ground for her to return to Thailand.)

2. She is only visiting you because you asked her. (It wasn't her idea. It would be easier for you to visit her in Thailand. She needs to express to the interviewer that this is a burden for her to take leave from work.)

3. You offer to pay for the trip because she can't afford it. (The US is so expensive and boring, why do people live there. Thailand is beautiful, excellent weather all year, and great food. She needs to express this also.)

4. A 30 day tourist trip sounds better now at this point.

5. A 90 day tourist trip sounds like a committed relationship. (Fact #1-4 are now confusing and don't make sense any more if you take this route.)

6. You pay for the trip so she is dependent on you. (Now that I thought about it, how about this: 50/50. If she doesn't have a credit card then she can tries to get a pre-approved loan from the bank or her employer with the condition that if she gets a tourist visa, she can borrow up to 50% of the cost of the trip and you will pay for the other 50%. It would be really nice if she has a paper work trail for this. If not, she can also tell the interviewer that's the plan. For an interviewer's perspective, it appears that you both are not in a typical committed relationship. She is not really dependent on the "boyfriend". Her "boyfriend" is too cheap with his money that the relationship would not last and she would most likely come back to Thailand crying.)

PS: You can still pay 100% later, regardless if she got a loan or not. And if she can't get a loan then you have no choice but to let the record shows and the interviewer knows that you are paying for it. There is no sense in trying to spin it. The point I just like to make is that she shows financial independent and not in a committed relationship. It is not logical to spend large cash in a "not yet serious relationship" but nothing about courtship is logical.

Assumptions:

1. Boyfriend & girlfriend = marriage in the US and no more Thailand. (Her attitude should be as follow: She has travel to other countries and met different guys. All men are pretty much alike and the US is no different from other countries. Regardless, Thailand is HOME.)

2. Poor educated girl goes to the US to find a job and no more Thailand. (She need to say that she may be poor but she has a JOB in Thailand. She should say it with pride because there is no shame in being poor.)

Can anyone educate me a bit more on this. What are they looking for here? How much money? How much proof? Are they going to ask for bank records, or does she just need to say something believable, such as "my family is covering it"?

"Types of Evidence That Can Be Used: Family, social and professional circumstances vary greatly among applicants. Because each applicant's situation is unique, it is difficult to say specifically what evidence of ties is likely to be convincing. Following are some suggestions:

• Letters from employers, giving time in the job, salary, and stating that vacation is being given for the period of the trip.

• Bank statements or bank books. While an applicant needs to show he has enough money to make the trip, an individual does not need to be rich to get a visa. It is more useful to show the consular officer a steady banking history, with regular deposits and withdrawals, than a letter stating simply that the applicant has lots of money in the bank."

Despite everything I stated, the interview process is subjective and the burden of proof is with the applicant. For me, when dealing with the authority such as this, I usually do the following:

1. Tell them only if they asked.

2. Get your time-line straight.

3. Answer their questions with facts.

4. Keep the answer short and simple.

5. Don't volunteers information.

6. Get the person's name. (Say it out loud so the interviewer can hear you say it and correct you if your are wrong. This is to throw the interview off and break his routine.)

7. Lastly, when the interviewer is thinking or not asking you questions, ask the interviewer questions. (Do you think that the President will get elected the second term? Who has the majority in the Congress? Who do you think will win the Superbowl? How long have you been in Thailand and do you like it?)

Edited January 29, 2010 by tripplejjj