Ten Year Visa To Usa

[perhamus]

I am an American, living in Thailand with an O-A Visa. I have a Thai girlfriend with a son who is 9. I cannot get a divorce from my American wife. I have taken my Thai girlfriend to the USA for a 2 month visit. Is it true that she can visit the USA for 5 months each Year? What about her son? Can the 5 month visa be extended from the USA? I want to have them come to the USA from July thru Dec with a 5 month Visa. Then, I want to extend it so that her boy can complete a year of ed in the USA. I might have him do 5 months in the USA and then, US homeschool him when we return to the USA. Hopefully, by then my US divorce will be settled and we can live in the USA. Any opinions appreciated.- John

[OZEMADE]

I dont know about the USA, however I married a Thai Lady and she has been to Australia on 1 ocassion as my girlfriend and 1 as my wife over the last 5 years.

I just applied for a Multiple entry Visa for her and it was approved, it states she can stay for up to 3 months each time over a 12 month period. In other words she can actually travel to and from Australia as many times as she likes over a 12 month period, ie she can actually travel every month if she likes.

Edited January 30, 2010 by 7by7
Full quote of OP deleted. This is the second post in the topic, not really necessary to quote the OP!

[bikerlou47]

Your girl has been to the USA already so you should have no problem getting another tourist visa for your gf, my girl has gone twice! When she went for her 2nd tourist visa she was told that the next time she applies she will get a multiple year visa.

When your girl applies for her 2nd visa she can tell the embassy that she would like to go for 5 months. the determination of the lenght of stay will be determined when she arrives on US soil but it should be no problem to get 5 months we have only stayed 3 months but they give us 6 months everytime.

Not really sure about her child but should be no problem because she ahs demonstrated that she will return, BUT it is possible they may look at her situation a little different because she is taking her kid.

Marriage is whole different story the one thing you dont want to do is for your girl to get a tourist visa and then try to stay permanently in the USA.

[Svenn]

I've never been clear on this. In theory, the 10 year multiple entry visa means you can come to the U.S. as many times as you want totaling a few months each year (there is a limit), however the border officers have full discretion to deny entry if it looks like you're coming to the U.S. 'too much'. I don't think 5 months each year would pass for very long OP, they might assume she has a job or something...

[richm7]

OK, she'll need a ten year, multiple entry "B1/B2" visa. So will the son. This allows her to visit the US for up to six months per visit. So, what does per visit mean? Well, you cannot do a border run as in Thailand, so staying six months then popping over to Mexico, Canada or the Caribbean for a couple of days won't work. Returning to Thailand for a month probably will, but only probably, because entry into the US is at the discretion of the immigration officer. However, once in the US on your six month visit, preferably about 4 weeks before your visa expires, you can apply for an extension of up to a further six months, so long as you can provide a compelling reason for the extension. Note they will only grant the extension once, so you cannot do it again. It also costs ($300 I think). The key to success as always boils down to:

1. DON'T LIE

2. Provide convincing evidence that they intend to leave, documented as much as you possibly can. There is no such thing as too much documentation.

3. DON'T LIE

4. When you apply for the extension be honest, tell them the boy is attending school and you want him to finish and again, provide compelling evidence that they will leave when the visa expires.

5. DON'T LIE

6. Despite the temptation, do not let your GF work while in the US. Most Thai restaurants are staffed by illegals, so it's easy. Don't be tempted because if she gets caught they'll be gone quicker than a plate of som tam in Udon.

In anticipation of a question, yes the school will accept the boy, they'll even put him through ESL classes. Despite what you might intuitively think, the schools in the US do not exclude illegals; in fact, they don't even ask, so school will not be a problem.

Also, one further point. If you get divorced while the GF is in the US then marry her, you can immediately file an I130 and a change of status application, which will result in her getting an immediate visa number and to be able to remain in the US pending her Resident Alien Card. They would not be too happy if she entered the US on her visa with the intention of doing just that, but it seems that in your case that is not the intent; it might just happen, in which case it is fine.

Oh, and did I mention, DON'T LIE? If you do, they will know and you're dead in the water.

Why can you not get a divorce, btw? Easy these days. Expensive though!!!

[Pakboong]

She will still need a compelling reason to return to Thailand. Probably the most important requirement of the Tourist Visa application process. It very easily could appear as if you are trying to have her live in the US as a tourist. Such appearance would be clear grounds for disapproval.