Fiance: Deal Breaker For Us Tourist Visa?

[oldthaihand]

Here it is:

Just looking over the application (DS-156). One of the questions is about having a fiance in the US. I am the fiance currently living in the US.

Though she has significant reasons to return to Thailand and has traveled around the Asia Pacific a little, I'm wondering if the answer to this question alone may tilt the scales too far in the direction of immigration. Evidently, the same side that was heavily weighted from the start.

"The presumption in the law is that every visitor visa applicant is an intending immigrant."

www.travel.state.gov/visa/temp/types/types_1262.html

Any thoughts or suggestions? Basically, I guess I'd like to know if even trying for a tourist visa will be completely in vain.

Thanks,

Oth

[richm7]

Not if you are completely truthful, she really does intend to return to Thailand and you can provide compelling documented evidence that she will return. Her Mum and Dad is not compelling evidence.

My wife got a 10 year B1/B2 before we were married and since our two daughters have B1/B2 visas, so it certainly is not impossible.

One question I'd ask you is just what is a fiance these days. A bit of an old fashioned concept, if you get my drift. Telling them you intend to get married is very bad news, for very good reasons. If you DO get married while she is in the US you could get in trouble (for falsely declaring the reason for her visit) but the real concern is that they know she can then apply for a change in status and stay in the US (legally). Immigration, despite their claims that they care about the integrity of families, would much rather she apply for her Resident Alien status in Thailand than in the US. I always advocate telling the truth but in this case it is probably best not to mention you intend marrying, unless you can show them that it is extremely unlikely you will do so during her visit ( it is by definition never impossible that you'll marry, but if you have a way of showing you most likely won't, all well and good). It's all down to evidence, lots and lots of it.

The AP travel is generally not worth much unless she has had a visa to ANZ which she has honored. Anywhere else it is my impression they don't care.

[flying]

A few years ago I brought my fiance....now wife over to the US on a tourist visa.

I was honest & provided a invitation letter with the application.

Explaining that she would have no expense & she had health insurance. Basically showing she would be no burden to the US.

Also supplied my tax returns,bank statements,business license & info etc . We also showed her many reasons to return to Thailand.

All of that in addition to the application.

I also included this in my invitation letter.....

I was told that it states in the foreign affairs manual the following & feel we are an example of number one listed below …

(N11.1-1 of the Foreign Affairs Manual):

(1) Simply to meet the family of his and/or her fiance;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse

She was granted the tourist visa in spite of everyone including *famous* visa lawyers telling us we had no chance & may as well just go fiance visa.

Anyway good luck to you & just be up front. Have your papers in order & show compelling reason for her return.

Edited February 11, 2010 by flying

[Pakboong]

Her best chance is if she has the self supported means for international travel and a solid reason to return to Thailand. If you are paying her travel expenses, your chances weaken considerably. If she has the resources to pay for her own trip, her chances get much better. However, your simply putting money into her bank account will not likely fool anybody.

[mizzi39]

Honesty is the key. Remember every situation is different. my wife was approved for a 10 year tourist visa on her first attempt, with no financial verification, but our situation differs from yours, because I live here and we are married with a child.

The worst case scenario is that she would be refused and be out $131.00. The good thing is that she could immediately reapply, and hopefully rectify the reason for refusal thus giving them no reason to refuse her a second time.

It is important to remember that the human factor plays heavy as to who gets approved or denied. The IO does not need any reason to refuse an applicant, so it is best to be straight up when dealing with them.

Chok dee to you and your fiance!

[givenall]

My wife and her sister applied together for US visa. They did that before she was my wife.

My wife has a master, and has her own business and her sister work for her. They applied together say they want to travel together for visit.

My wife got 10years visa and her sister was rejected.

Bottom line have to show she has a good reason to come back , financial stability over her e, good education and stable employment plays a key role it their decision

[flying]

Her best chance is if she has the self supported means for international travel and a solid reason to return to Thailand. If you are paying her travel expenses, your chances weaken considerably. If she has the resources to pay for her own trip, her chances get much better. However, your simply putting money into her bank account will not likely fool anybody.

Not necessarily...

Here is another paragraph from my invite letter.... I removed the dates...

I will be sponsoring her trip & paying for airfare. She will be staying two weeks preferably in xxx xxxx. She will have a place here to stay & have no real expenses. She will then definitely be returning to Thailand where she runs her own business. If all goes well on this trip I will be returning to Thailand in Late xxxx to make further plans with her & her family about our future. We are confident you will find all of our papers in order.

Also I put a couple of hundred thousand baht in her account & she was honest with the interviewer & told him that I put it in & was helping with a business there that we jointly owned.

Again this is just our experience & in our case it worked out fine.

Honesty is the best policy.

Of course the main thing they will look for is compelling reason to return. We owned two shops & a condo,car etc. So I guess that was sufficient in our case.

Chok Dee to the OP I know it is not easy & the waiting & hoping is hard.

Edited February 12, 2010 by flying

[DirectorIntegrityLegal]

As to the definition of fiance, you apparently already consider yourself her fiance. Therefore, I would highly recommend being honest on the application. Being "creative" with the language will not get you beyond the fact that you apparently have an intention to get married at some point in the future and failure to disclose this could be viewed as a material misrepresentation of fact which could result in penalties for the both of you. In short, be brutally honest and tell them your intentions. They may still deny, but you do not need to worry about the blowback that could come from being less-than-truthful on the application.

I hope this was helpful

All the Best,

Ben Hart

US Immigration Attorney

Integrity Legal

[oldthaihand]

Thanks for the advice and support. This site is such a gem. It is well designed, but like so many things it's really the people that make it.

I'm gonna work on the invitation letter. When I have some more information I'll put it up.