Any Visa Success Stories Out There?

[Starlifter]

My Thai wife (12 plus years) and I have long discussed bringing her sister to the US. I had always thought a non-immigrant (tourist) visa would be best. If she like it here then we could work on a immigrant visa later (after she returned to Thailand). After doing some US govt web site searching I began thinking this is an uphill battle. I mean I, as a US citizen can get on a plane and spend a month in the LOS with no problem, try the other way around and no go. Just the numbers of those attempting to enter on a immigrant visa for 2009 over 13 million apply for 55,000 slots. Of those 54 were approved from Thailand. I joked with my wife it would be easier for her sister to illegally cross the boarder from Mexico as hundreds do each day! Anyway, her sister is single in her mid-thirties a non high school grad currently employed as a masseuse. I'm thinking is it a waste of money to get her Thai passport to start the process? Are there success stories out there?

[DirectorIntegrityLegal]

Are you asking about the chances of your wife getting a visa or your wife's sister?

The analysis would be very different particularly if your wife would be seeking Immigration benefits based upon her relationship to you. As to the 54,000 "slots" I think you are thinking of the Immigrant visa number quota for each country, but if the beneficiary is the fiancee or wife of a US Citizen, then the Immigrant visa number issue does not apply as those in that position are automatically granted a visa number and there is no quota (again, so long as they are a wife/fiancee of a US Citizen).

As to tourist visas, based upon the small amount of information in your post I think both your wife and sister in law would be turned down for tourist visas based upon a presumption of immigrant intent imposed upon the adjudicating Consular Officer under section 214B of the US Immigration and Nationality Act.

I hope this was helpful.

All the Best!

Ben Hart

US Immigration Attorney

Integrity Legal

Edited February 8, 2010 by DirectorIntegrityLegal

[tripplejjj]

If you want your sister-in-law to immigrate to the US, then a tourist visa is an illegal way to do it regardless if you want to see if she likes staying in the US first. I would go ahead and file an immigration visa for your sister-in-law. The process takes a long time. If the sister-in-law is denied an immigration visa, then you and your wife at least know that you have done your best. There would be no more guessing. I have never met your wife but I think that I would be a good gesture on your part to try. (Unless your wife is only doing it because she feel sorry for her sister.)

I personally got my Thai mother to immigrate to the US. This was in 1992-1993 before 9/11. Things have changed.

[mizzi39]

My wife who is 29 years old, a year short of her bachelors degree, and stay at home mom with not much income to show except for the meager wage I make in Thailand was just approved last week for a 10 year tourist visa on her first attempt. It is actually her very first "stamp" (visa page) in her passport. She is also the mother of our son who is a dual Thai/US citizen, so I am sure that helped.

Edited February 8, 2010 by mizzi39

[tripplejjj]

@ Mizzi39,

This is great news.

[mizzi39]

@ Mizzi39,

This is great news.

Thank you. We are very happy, and will be traveling to the US along with our son in April for a 3 week vacation.

I think that everone who is attempting to get a visa needs to do some evaluation before going through the process. Everyones situation is different. Being married and having a child is a definate plus. My wife was also able to provide the IO with a paper trail, more than what they needed actually. It was funny that they did not even look at her bank books. I also put everything in order for her to make everything as easy as possible to scan through.

Even though it is my wife applying for the visa and not me, the reality is that the IO is looking at the WHOLE picture, which includes me. She may need to show her ties to Thailand, but they also want to see her ties to husband and in our case child.

Best of the luck to everyone who is going through or thinking about going through this process. Remember to get your "ducks in a row" beforehand.

Edited February 8, 2010 by mizzi39

[DirectorIntegrityLegal]

If you want your sister-in-law to immigrate to the US, then a tourist visa is an illegal way to do it regardless if you want to see if she likes staying in the US first.

There is nothing illegal about this in and of itself. Illegality only occurs if she is using the visa for undisclosed immigration purposes.

I would go ahead and file an immigration visa for your sister-in-law.

How? If the American's Thai spouse is not a Citizen then the American Citizen spouse cannot file based upon their "in-law" relationship. If the American's wife becomes a Citizen, then it could still take over a decade to process an immigrant visa in the fourth preference category (Brothers and Sisters of Adult US Citizens).

[shawndoc]

My wife who is 29 years old, a year short of her bachelors degree, and stay at home mom with not much income to show except for the meager wage I make in Thailand was just approved last week for a 10 year tourist visa on her first attempt. It is actually her very first "stamp" (visa page) in her passport. She is also the mother of our son who is a dual Thai/US citizen, so I am sure that helped.

Great news. May I ask what proof/reason she gave to satisfy the required proof of ties to Thailand? That seems to be where most people run into problems.

[Starlifter]

To help clear things up, my wife is a Thai citizen with an American resident alien card. She has no problem traveling between the two countries with these. Her sister is the one we want to help. If I understand an earlier post because my wife isn't an American citizen we wouldn't be able to sponsor her sister? Yes, I would like to help the family out as they have only been good to us not asking for money, new buffalo, payment for brother's katoy operation etc. . Of course the last part was just in fun however, it is true I would rate them as a hard working family. I've personally known them for more than 12 years so, if I try but cannot due to circumstances beyond my control I feel it would be good face for all.

[mizzi39]

My wife who is 29 years old, a year short of her bachelors degree, and stay at home mom with not much income to show except for the meager wage I make in Thailand was just approved last week for a 10 year tourist visa on her first attempt. It is actually her very first "stamp" (visa page) in her passport. She is also the mother of our son who is a dual Thai/US citizen, so I am sure that helped.

Great news. May I ask what proof/reason she gave to satisfy the required proof of ties to Thailand? That seems to be where most people run into problems.

My wife's interview took all but 3 minutes. Most of the questions focused around our son and myself. The IO even asked about our son's nationality. Obviously the IO new his nationality before even asking this question, however my wife answered. "Thai-American". She also wanted to know where my wife and I met, the reason for our visit to the States, and when we planned on traveling. When the interview was over the IO took my wife's passport and stated that she would have her visa in 3-4 days. I was assuming that she would receive a 6 month approval and was hoping for at least 1year. We were both surprised as well as excited when we saw the 10 year approval. Here is a breakdown of some of the paper trail we left.:

1. 4 bank books past and current (in wifes name), joint bank book, and my bank statements from my US account (was never even looked at)

2. copy of "house book" (sorry do not the actual name of this) to verify where wife lives.

3. a small photo album of pictures (never looked at)

4. Marriage certificate and registration (both in Thai and English translation)

5.copy of car payment (in wife's name, but never looked at)

6. copies of our son's Thai and US passports, Thai BC, and US consular birth abroad certificate

7. copies of my passport with current "B" (work) visa, WP and current stamp, current employment contract.

That about sums up what she produced to the IO. If you have further questions feel free to PM me.

Edited February 9, 2010 by mizzi39

[thaihome]

My wife who is 29 years old, a year short of her bachelors degree, and stay at home mom with not much income to show except for the meager wage I make in Thailand was just approved last week for a 10 year tourist visa on her first attempt. It is actually her very first "stamp" (visa page) in her passport. She is also the mother of our son who is a dual Thai/US citizen, so I am sure that helped.

Great news. May I ask what proof/reason she gave to satisfy the required proof of ties to Thailand? That seems to be where most people run into problems.

For an US citizen living and working in Thailand, getting the Thai wife a tourist visa is almost automatic.

TH

[mizzi39]

Quote:

For an US citizen living and working in Thailand, getting the Thai wife a tourist visa is almost automatic.

TH

"Almost" is the key word here. There are still stories of a wife married to a US citizen getting denied based on........ well they don't need ANY reason to deny. That is why it is soooo important to do the process right the first time. This will save the applicant (and their spouse or partner)a bunch of frustration as well as costly fees.

[DirectorIntegrityLegal]

First, to the original poster, if your wife is not yet a Citizen, then she cannot yet file for Immigration benefits for her sister. Once she obtains Citizenship, then she could file for immigration benefits in the Fourth Preference Category.

The idea that the issuance of tourist visas for wives of US Citizens is "almost automatic," is simply not true. In fact, it is an uphill battle as the Consular Officer is required by law to presume that a US Citizen's foreign spouse is an immigrant from the outset, and therefore deny the applicant for this non-immigrant visa. It is incumbent upon the applicant to demonstrate that they are not an intending immigrant by showing "strong ties" to Thailand and "weak ties" to the US. I think by anyone's definition a marriage to an American Citizen is a demonstrably "strong tie" to the USA. This can be mitigated by showing other ties to Thailand, particularly if the Citizen has a work permit and long term visa in Thailand, but it is certainly not "automatic."

I hope this was helpful

All the Best!

Ben Hart

US Immigration Attorney

Integrity Legal

[Starlifter]

Thanks all for the input. To try and keep this simple (and speaking only from a USA perspective) the US govt doesn't want to get too friendly with giving out visa's partly in fear that individuals will decide to stay thus inadvertently promoting an unfriendly atmosphere. I say this with a Little disgust due to the fact even after spending BILLIONS of dollars to monitor its southern boarder hundreds cross illegally EACH day there. We have some within our govt who wish to give citizenship or at least an easier path to those who break the law (crossing the boarder illegally). I understand most if not all countries have issues with immigration and it is suppose to be the nation who follows the rule of law (lowest amount of corruption) that sets the moral high ground. It is just a little disappointing. I will continue to pursue a tourist visa for my wifes sister because it will make our family happy and sham on the government who stands in the way. I think the USA could us a little more LOS attitude but of course I'm bias

[jdinasia]

My partner got his US tourist visa on his first application. The interview took 10 minutes.

He's a professional that owns his own residence and car, has a great job etc ... In other words a genuine tourist.

[gorshar]

Both my wife's non-immigrant and immigrant visas were virtual slam dunks.

In 2006 she got a 10-year multi-entry non-immigrant visa. Getting it was easier and less time consuming than me getting a one-year extension in Thailand on a non-imm 'O'.

In 2009 we applied for an immigrant visa. Not counting down time while I sorted out my tax situation the active processing time was less than three months. I've never nor ever expect to go through the Thai permanent residence process but from what I've read and heard from others there's no way it could be any easier than her IR-1 and it certainly is a lot more expensive.

Horror stories of visa woes always make for popular posts. Yet for every horror story there seem to be far more successes, problem is, they don't make for very interesting reading and when such a post appears here nobody pays much attention to it.

Much more fun to write "US sucks!" "US Embassy sucks!" "US visa process sucks!" than to write "well done!".

[craigt3365]

If you want your sister-in-law to immigrate to the US, then a tourist visa is an illegal way to do it regardless if you want to see if she likes staying in the US first.

There is nothing illegal about this in and of itself. Illegality only occurs if she is using the visa for undisclosed immigration purposes.

I think that is what he was saying...using a tourist visa to immigrate. Totally illegal and will get you in big trouble...

I would go ahead and file an immigration visa for your sister-in-law.

How? If the American's Thai spouse is not a Citizen then the American Citizen spouse cannot file based upon their "in-law" relationship. If the American's wife becomes a Citizen, then it could still take over a decade to process an immigrant visa in the fourth preference category (Brothers and Sisters of Adult US Citizens).

I know when I went through this a few years ago, American's can not "sponsor" visitors. Not like can be done in, say, Germany. They have to stand on their own merits. A big deal for getting a tourist visa is having a stable job, own a home, have kids you are leaving behind....they are looking for a reason for you to return home and not stay in the US.

I too have heard of quite a few American's who had problems getting their wives/fiances visas. Most have no problems, but some do. I think attention to detail on all the required paperwork is key.

[how241]

Thanks to all, for the info. most helpful.

[YanTree]

60% of it depends on her, 20% of it depends on you, 20% of it depends upon their perception of you and her.

How many people they let in or how many people apply have little to do with it. There are certain types of Thai women who will always get accepted and there are certain types of women who will never get accepted.

If you guys are 20+ years apart in age and you met her in a bar or something, you can probably forget about it. If you are similar in age and you met her in a bar and she looks like a bar girl (which anybody who has been in Thailand awhile can spot a mile away) - then you can probably forget about it - unless you are loaded or have some strong political or business ties to the US or are a Harvard professor or something, still then it may not fly.

If she graduated from a good university, can speak english well (not broken pidgin english, actual conversational english with little accent), has a legit job paying 20,000+ baht per month or more (the more, the better), has a family that owns land and are preferably not from isaan - then ya, she can probably get the Visa.

I've known several girls who have gotten it no problem. I've known several who have been refused over and over. And I could probably have guessed beforehand which would get accepted and which would not. Certain types of girls have a habit of ditching the dude they went over there with and never coming back to Thailand...

[tripplejjj]

@Starlifter,

Unless I missed something, since your wife is not a US citizen, then she has no basis to sponsor her sister on an immigration visa. I believe this is the answer.

http://travel.state.gov/visa/immigrants/types/types_1310.html
http://travel.state.gov/visa/immigrants/types/types_1306.html#2

IF she becomes a US citizen, then she can do below.

Limited Family-Based Immigrants

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

* Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

[mizzi39]

60% of it depends on her, 20% of it depends on you, 20% of it depends upon their perception of you and her.

How many people they let in or how many people apply have little to do with it. There are certain types of Thai women who will always get accepted and there are certain types of women who will never get accepted.

If you guys are 20+ years apart in age and you met her in a bar or something, you can probably forget about it. If you are similar in age and you met her in a bar and she looks like a bar girl (which anybody who has been in Thailand awhile can spot a mile away) - then you can probably forget about it - unless you are loaded or have some strong political or business ties to the US or are a Harvard professor or something, still then it may not fly.

If she graduated from a good university, can speak english well (not broken pidgin english, actual conversational english with little accent), has a legit job paying 20,000+ baht per month or more (the more, the better), has a family that owns land and are preferably not from isaan - then ya, she can probably get the Visa.

I've known several girls who have gotten it no problem. I've known several who have been refused over and over. And I could probably have guessed beforehand which would get accepted and which would not. Certain types of girls have a habit of ditching the dude they went over there with and never coming back to Thailand...

Is this a joke? Where did you get your information from?

[craigt3365]

Agreed, must be a joke! When my wife and I were getting our finance visa a few years ago, we met a guy from Brooklyn who was marrying a gal he met in Soi Cowboy. Bar girl through and through. Clothes, walk, attitude...everything. Totally obvious. He worked as a conductor on subways in New York. She got a visa and we later met them in New York City...of course, they separated within a year. She couldn't handle the boredom in the suburbs!

[Svenn]

If she graduated from a good university, can speak english well (not broken pidgin english, actual conversational english with little accent), has a legit job paying 20,000+ baht per month or more (the more, the better), has a family that owns land and are preferably not from isaan - then ya, she can probably get the Visa.

Is this a joke? Where did you get your information from?

Indeed, I can personally attest that a transgendered gf from a bar, no education, barely any english, kohn isaan, little money in the bank, boyfriend living in the US, and no job can get a 10 year visa on her first try with a 2 minute interview. I too think most of it depends on honesty, thoroughness, and sincerity of the relationship. That being said, there are a lot of unfair rejections out there.

[bkk_mike]

Back to the OP's original question...

As his wife isn't a US citizen (yet), the sister-in-law has no method of applying for settlement anyway, except possibly the green card lottery...

However, she can definitely apply for a tourist visa to visit her sister and husband. So long as the sister has a home and job to come back to, a tourist visa should be a formality (and the application is filled in properly). It's information that shows she's likely to return to Thailand that makes the tourist visa application go smoothly as the person at the embassy is really checking that she won't overstay...

Perversely, it's probably best to say there is no intention of emigrating to the US as that would give the embassy staff a reason to reject the tourist application.

At a later date, once his wife has citizenship, then you could look into settlement as a sister of a citizen...

[shawndoc]

If she graduated from a good university, can speak english well (not broken pidgin english, actual conversational english with little accent), has a legit job paying 20,000+ baht per month or more (the more, the better), has a family that owns land and are preferably not from isaan - then ya, she can probably get the Visa.

Is this a joke? Where did you get your information from?

Indeed, I can personally attest that a transgendered gf from a bar, no education, barely any english, kohn isaan, little money in the bank, boyfriend living in the US, and no job can get a 10 year visa on her first try with a 2 minute interview. I too think most of it depends on honesty, thoroughness, and sincerity of the relationship. That being said, there are a lot of unfair rejections out there.

And I can personally attest to my friend who is from Bangkok, 30+ years old, got her Master's Degree at a California University, and had a job working at DTAC as a Product Manager got denied a tourist visa to visit her sister (who lives in California).

A year later she reapplied and did get approved. What changed about her situation? Nothing.

So in my mind its a crap shoot. You can do everything right, but if your interviewer at the embassy is having a bad day, you can be out of luck.

[Svenn]

Indeed, I can personally attest that a transgendered gf from a bar, no education, barely any english, kohn isaan, little money in the bank, boyfriend living in the US, and no job can get a 10 year visa on her first try with a 2 minute interview. I too think most of it depends on honesty, thoroughness, and sincerity of the relationship. That being said, there are a lot of unfair rejections out there.

And I can personally attest to my friend who is from Bangkok, 30+ years old, got her Master's Degree at a California University, and had a job working at DTAC as a Product Manager got denied a tourist visa to visit her sister (who lives in California).

A year later she reapplied and did get approved. What changed about her situation? Nothing.

So in my mind its a crap shoot. You can do everything right, but if your interviewer at the embassy is having a bad day, you can be out of luck.

I used to subscribe to that crap shoot theory, but after my experience aforementioned, I tend to think the embassies really do grant tourist visas to those who really need them (e.g. same-sex couples that can't get fiance visas, boyfriend-girlfriends who have had a long relationship, etc) ...but those secondary family members such as siblings, parents, etc often get denied because their need for going to the U.S. is not as strong. I think most officers decide within the first 20 seconds of looking at the main form about whether they're going to get the visa or not... and it's only in those rare situations where it's truly borderline that the 'bad day' factor will make a difference. I don't think your friend's success the second time was arbitrary- often times a second application, especially if it's some time later, shows sincerity on the part of the applicant. (that being said, it was ridiculous she didn't get it the first time- especially after having gotten her master's in the US and returning to thailand thereafter).