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Posted

I know this has been a topic a million times, but because every case is unique, I thought it'd be prudent to ask a few questions.

First, let me give you the facts:

-We've been dating for a few years now.

-This is my third trip to Thailand since meeting her; my first trip was 2 months, the second was 1.5, and I've currently been here for 3 months of a 4 month trip.

-I'm 27, she's 25.

-She works as a Sales Manager for a 3* hotel and makes approx. 40k baht per month: 26,400 base salary, 7,500 in allowances(like food and gas), and usually about 6,000 in commission.

-She has a house in her name, but it's only partially payed off.

-She has a car that is paid off in her name('06 Toyota Yaris)

-She only has about 50,000 Baht in the bank.

-She has a BA from Spiratim(however it's spelled) University.

-I work as a Project Manager back in the states, but don't make much because I only work 6 months a year.

1. What should she bring to the interview?

So far we have the title for the car, house info, her latest pay-stub, pictures of us in Vietnam, Krabi, visiting her family, etc., and her diploma. I need to draft a letter stating I will be financially supporting her trip, her boss needs to write a letter, and my mother will send a letter inviting her to stay with her. Is there anything else she should have with her?

2. What should be in my letter, my Mom's letter, and her boss' letter?

3. Do her chances sound good?

4. Is the interview in Thai or English(she speaks both fluently, we were just wondering)?

5. Is there any other advice you can give me?

Thanks for any help,

Tom

Posted

This is what I can tell you.

**PLEASE UNDERSTAND THIS IS NOT LEGAL ADVICE, PLEASE SEEK THE ASSISTANCE OF A QUALIFIED IMMIGRATION ATTORNEY**

If you are bringing your Thai Citizen Girlfriend to the US of A you need to know a few things.

Bringing Thai Citizen GF to US on B1/B2 Visa

- this visa is only a visitor visa.

- look at ths USCIS website for the requirements to obtain this visa for the US

- I will have to tell you one thing though, processing can take a while in Bangkok, and the majority of Thais applying for such visa usually get denied, unless they are able to show some proof of ties back to Thailand, and unless they have money and a job in Thailand, otherwise, good luck, Thailand is somewhat "blacklisted", and applications for visas to the US are near impossible to most Thai people to obtain.

- if you do succeed in obtaining the B1/B2 visa, keep in mind that she is still not guaranteed entry into the US, the B1/B2 visa is merely something that says the Embassy approved travel, it is up to CBP to determine if she will be able to enter the US. For entry to the US, you will need to bring documents proving ties back to Thailand, and a return ticket. If no return ticket, and no definite amount of time is stated to the CBP officer, she will likely be denied entry to the US and will be sent back to Thailand on the next flight out.

- Any documents that you have prove nothing, essentially all that matters to US officials are HER documents, since you're not married or engaged, they really won't be looking into your story. Also keep in mind, if she brings anything that suggests that she may try to apply for a job in the US, she will also be denied and barred entry to the US.

- if she does enter the US under her B1/B2 visa and you decide to get engaged, DO NOT immediately apply for permanent residence (green card) immediately. Allow about 2 months or more to pass since she entered the US to apply. If you apply immediately, you will be subject to investigation and your marriage/engagement will be categorized as a fraud. Since the intention of your girlfriend entering the US was to be a visitor with no immigration intent, applying for a greed card immediately will be see as a fraud.

- If you do wait and then apply after 2 months of so, I would contact an immigration attorney to help your case. She will either be able to apply under the K1 (fiance category) or if you are married, then apply for adjustment of status (I-130 and I-485 concurrently filed).

* from my observation, although I would need some more facts, my determination is that you will unlikely succeed in obtaining a visitor visa for your girlfriend, since you've been able to visit her in the past, what reason is she going to have to visit you, unless you're married?

If you get engaged, apply for a K1 visa, if you're married, apply for an immigrant visa at the US embassy, file the I-130 and I-485 at the embassy and wait about a year. Wait times for visa processing can take anywhere from 3 -12 months. If you do get engaged/married, you will need to prove this with plenty of supporting documents to an immigration official at the embassy during your interview. Keep in mind that regardless of whether you get a visa, it doesn't guarantee entry into the US, unless you have applied for a green card.

Good luck, it is near impossible to bring a Thai GF to the US unless she's got a bank account with deep pockets. My fiancee's parents have deep pockets and come from the upper echelon of Thai society, it was very easy for her to get into the US. Sorry but the US is allowed to discriminate against people if they don't think they are fit to enter the US, plus why would you want to live in the US anyways, it's miserable there. I'm American and I hate it there, but I've got 3 citizenships.

Posted

I'm going to disagree with WJGreen. I think she's got a good chance of getting the visa. The usual hang up with getting a tourist visa is proving ties with Thailand. She can show she owns a house and car in Thailand, and if she can get a note from her boss saying she'll still have a job when she gets back, I think you're in good shape.

4. Up to her

5. Don't lie about anything. Don't have her come over on a tourist visa and then marry her in the US. That's visa fraud.

Posted

From what I have seen and read she is the the one that must prove to the Consular interviewer that she has no plans to remain in the US and to positively return to Thailand. Any and all letters from you or anyone else carry no weight in the approval.

Sounds like this one may be a 50/50 of getting approved

Posted (edited)
I'm going to disagree with WJGreen. I think she's got a good chance of getting the visa. The usual hang up with getting a tourist visa is proving ties with Thailand. She can show she owns a house and car in Thailand, and if she can get a note from her boss saying she'll still have a job when she gets back, I think you're in good shape.

4. Up to her

5. Don't lie about anything. Don't have her come over on a tourist visa and then marry her in the US. That's visa fraud.

I agree. The worst case scenario is that you or your GF will be out $131.00. What reason is she giving for the visit? is it to see her BF? Tour around the US? make sure that the reason given coincides with the visa being applied for.

Like you stated OP every case is different which is true. If you were married, living and working in Thailand, and say had a child then the process is a breeze, and she would probably get the maximum (10 years), because even though she has to show ties to Thailand the reality is that the IO is looking at her ties to you and visa versa.

When my wife went for her interview 2 months ago she was asked 5 questions(in English) four of those questions pertained to our son and myself. We also supplied a mountain of paperwork, many documents with both of our names on them such as marriage registration, our sons Thai and US BC's, etc. so there was very little for the IO to question. 4 days later she had her 10 year visa. The problem with GF is that all of your ties cannot really be substantiated, besides maybe a photo album showing the both of you.

The more documentation she can show the better. What documents to provide? House deed, bank books, car payment receipt, etc. Much of the paperwork she provides will not even be looked at, since just scanning her application will give them a feeling a to whether or not she will be approved, but the more relevant paperwork the better. What is relevant? Good question. If you (GF) think that it is relevant add it. make sure that you put everything in a folder in some sort of order. I know that the IO commented to my wife that she appreciated that her paperwork was in order.

Remember that she will have the burden of proving that she will not emigrate. Keep in mind to that the human factor plays a heavy role in who gets approved or denied, since the IO does not have to give any reason to deny an applicant. Well put together, soft spoken, answering questions direct and honestly, will only go in her favor. Ckok dee.

One more thing: I have been reading that the embassy has no appointments for interview available until the end of this year. Someone did post that they update their appointment calendar ever night(around midnight), so keep checking.

Edited by mizzi39
Posted

My wife got a 10 year multi entry visa (before we were married) the main concern was establishing that she would return to Thailand.

She also produced documentation for her families property, although I am not sure if that made a difference.

The interview can be in either Thai or English...........and you are not allowed to accompany her into the interview!

Good luck

Posted

I think she has a reasonable chance. If she presents herself during the interview within commonly accepted societal norms and does not make any errors in her application, which often occurs, she stand a good chance.

Many of the refusals I see have to do with simple errors like failing to answer a particular question accurately. The one that comes to mind most is a Thai woman changed her first name innocently some 15 years ago and forgets about it. Somewhere she has the name change document but can't find it so she opts to not mention the former first name on the application thinking it doesn't really matter. It does matter as when the pre-screen of her ID card shows the former name, she is denied due to deception. I have seen this exact example happen 3 times in the recent past. Just have her be very careful and every answer matters. They are looking for evidence of deception.

Posted

Thanks for the replies so far, you guys are great!

Some things I didn't mention are we do not plan to get married for some time and are not engaged.

The most important reason we have for her coming to the US is to meet my family and friends, but also to sightsee, and if possible(which I don't think is, as I heard the VISA thing takes forever here) to go to a wedding in September.

She would only be coming on a tourist VISA for two weeks, as that is all the vacation time she has left this year.

Thanks again fellas.

Posted

The 27-25 age difference bodes well for you... I'm 25 and my gf is 26 and she got a 10-year tourist with the only questions being 'oh, you're older than him?' and 'wow, you really love him?' :)

Posted
5. Don't lie about anything. Don't have her come over on a tourist visa and then marry her in the US. That's visa fraud.

WRONG WRONG WRONG.

It's only visa fraud if she applies for residency afterward knowing that she would get married before coming.

So...

1. It's not fraud if she goes back to Thailand after the marriage--with or without the hubby.

2. It's not fraud if she decides to get married AFTER she gets here... you can bet that there will be questions about this, but many people have done it and been fine.

Posted
5. Don't lie about anything. Don't have her come over on a tourist visa and then marry her in the US. That's visa fraud.

WRONG WRONG WRONG.

It's only visa fraud if she applies for residency afterward knowing that she would get married before coming.

So...

1. It's not fraud if she goes back to Thailand after the marriage--with or without the hubby.

2. It's not fraud if she decides to get married AFTER she gets here... you can bet that there will be questions about this, but many people have done it and been fine.

We're not getting married for a while. Definitely not this trip anyway.

Posted

I agree, she does have a chance, just prove all of your ties back to Thailand. Make sure that when she does get approved and has the visa in her passport, she should bring documentation of her ties back to Thailand. Just be careful and cautious about what you say and/or amend to any visa petition. Don't make any misrepresentations on the application or to any CBP officer. Like any immigration matter, the outcome is never definite, I've had to do some applications where Thai women won prizes to visit the US from the American Parent company and their visas got denied. They had all of the supporting documentation and the conclusion of the embassy was that they believed that it was the intent of the petitioner to stay in the US for an indefinite time frame. They had return tickets, letters from the company's president and rep in thailand... etc and still got denied. The lesson to take from this story is to expect the unexpected. Good luck!

Posted
This is what I can tell you.

**PLEASE UNDERSTAND THIS IS NOT LEGAL ADVICE, PLEASE SEEK THE ASSISTANCE OF A QUALIFIED IMMIGRATION ATTORNEY**

If you are bringing your Thai Citizen Girlfriend to the US of A you need to know a few things.

Bringing Thai Citizen GF to US on B1/B2 Visa

- this visa is only a visitor visa.

- look at ths USCIS website for the requirements to obtain this visa for the US

- I will have to tell you one thing though, processing can take a while in Bangkok, and the majority of Thais applying for such visa usually get denied, unless they are able to show some proof of ties back to Thailand, and unless they have money and a job in Thailand, otherwise, good luck, Thailand is somewhat "blacklisted", and applications for visas to the US are near impossible to most Thai people to obtain.

- if you do succeed in obtaining the B1/B2 visa, keep in mind that she is still not guaranteed entry into the US, the B1/B2 visa is merely something that says the Embassy approved travel, it is up to CBP to determine if she will be able to enter the US. For entry to the US, you will need to bring documents proving ties back to Thailand, and a return ticket. If no return ticket, and no definite amount of time is stated to the CBP officer, she will likely be denied entry to the US and will be sent back to Thailand on the next flight out.

- Any documents that you have prove nothing, essentially all that matters to US officials are HER documents, since you're not married or engaged, they really won't be looking into your story. Also keep in mind, if she brings anything that suggests that she may try to apply for a job in the US, she will also be denied and barred entry to the US.

- if she does enter the US under her B1/B2 visa and you decide to get engaged, DO NOT immediately apply for permanent residence (green card) immediately. Allow about 2 months or more to pass since she entered the US to apply. If you apply immediately, you will be subject to investigation and your marriage/engagement will be categorized as a fraud. Since the intention of your girlfriend entering the US was to be a visitor with no immigration intent, applying for a greed card immediately will be see as a fraud.

- If you do wait and then apply after 2 months of so, I would contact an immigration attorney to help your case. She will either be able to apply under the K1 (fiance category) or if you are married, then apply for adjustment of status (I-130 and I-485 concurrently filed).

* from my observation, although I would need some more facts, my determination is that you will unlikely succeed in obtaining a visitor visa for your girlfriend, since you've been able to visit her in the past, what reason is she going to have to visit you, unless you're married?

If you get engaged, apply for a K1 visa, if you're married, apply for an immigrant visa at the US embassy, file the I-130 and I-485 at the embassy and wait about a year. Wait times for visa processing can take anywhere from 3 -12 months. If you do get engaged/married, you will need to prove this with plenty of supporting documents to an immigration official at the embassy during your interview. Keep in mind that regardless of whether you get a visa, it doesn't guarantee entry into the US, unless you have applied for a green card.

Good luck, it is near impossible to bring a Thai GF to the US unless she's got a bank account with deep pockets. My fiancee's parents have deep pockets and come from the upper echelon of Thai society, it was very easy for her to get into the US. Sorry but the US is allowed to discriminate against people if they don't think they are fit to enter the US, plus why would you want to live in the US anyways, it's miserable there. I'm American and I hate it there, but I've got 3 citizenships.

Where do you get your facts from? I have helped in getting U.S. visas for my inlaws, agreed need to show ties to Thailand, which in this case I think she has, what I don't understand is the part about no guarantee for entry even with the visa, first of all if there is no guarantee of entry the airlines would not let her on the plane, my inlaws have traveled twice with my wife and I to the U.S. the only thing immigration at the border had control of was the length of stay, there comment was, to many requests for six months stay would raise an alert, as they would be considered trying to live in the U.S. without a green card, but never have they suggested they would not be allowed to visit.

Posted

There is no guarantee that you can enter the USA even if you have a visa.

If you read the conditions of your visa this fact is clearly stated.

The final approval is by the immigration officer when you arrive in the USA.

This differs from every other country that I have entered, but it is a fact!

Now the reality of the situation is the chances of being turned back after your USA arrival is slim to none!

This is what I can tell you.

**PLEASE UNDERSTAND THIS IS NOT LEGAL ADVICE, PLEASE SEEK THE ASSISTANCE OF A QUALIFIED IMMIGRATION ATTORNEY**

If you are bringing your Thai Citizen Girlfriend to the US of A you need to know a few things.

Bringing Thai Citizen GF to US on B1/B2 Visa

- this visa is only a visitor visa.

- look at ths USCIS website for the requirements to obtain this visa for the US

- I will have to tell you one thing though, processing can take a while in Bangkok, and the majority of Thais applying for such visa usually get denied, unless they are able to show some proof of ties back to Thailand, and unless they have money and a job in Thailand, otherwise, good luck, Thailand is somewhat "blacklisted", and applications for visas to the US are near impossible to most Thai people to obtain.

- if you do succeed in obtaining the B1/B2 visa, keep in mind that she is still not guaranteed entry into the US, the B1/B2 visa is merely something that says the Embassy approved travel, it is up to CBP to determine if she will be able to enter the US. For entry to the US, you will need to bring documents proving ties back to Thailand, and a return ticket. If no return ticket, and no definite amount of time is stated to the CBP officer, she will likely be denied entry to the US and will be sent back to Thailand on the next flight out.

- Any documents that you have prove nothing, essentially all that matters to US officials are HER documents, since you're not married or engaged, they really won't be looking into your story. Also keep in mind, if she brings anything that suggests that she may try to apply for a job in the US, she will also be denied and barred entry to the US.

- if she does enter the US under her B1/B2 visa and you decide to get engaged, DO NOT immediately apply for permanent residence (green card) immediately. Allow about 2 months or more to pass since she entered the US to apply. If you apply immediately, you will be subject to investigation and your marriage/engagement will be categorized as a fraud. Since the intention of your girlfriend entering the US was to be a visitor with no immigration intent, applying for a greed card immediately will be see as a fraud.

- If you do wait and then apply after 2 months of so, I would contact an immigration attorney to help your case. She will either be able to apply under the K1 (fiance category) or if you are married, then apply for adjustment of status (I-130 and I-485 concurrently filed).

* from my observation, although I would need some more facts, my determination is that you will unlikely succeed in obtaining a visitor visa for your girlfriend, since you've been able to visit her in the past, what reason is she going to have to visit you, unless you're married?

If you get engaged, apply for a K1 visa, if you're married, apply for an immigrant visa at the US embassy, file the I-130 and I-485 at the embassy and wait about a year. Wait times for visa processing can take anywhere from 3 -12 months. If you do get engaged/married, you will need to prove this with plenty of supporting documents to an immigration official at the embassy during your interview. Keep in mind that regardless of whether you get a visa, it doesn't guarantee entry into the US, unless you have applied for a green card.

Good luck, it is near impossible to bring a Thai GF to the US unless she's got a bank account with deep pockets. My fiancee's parents have deep pockets and come from the upper echelon of Thai society, it was very easy for her to get into the US. Sorry but the US is allowed to discriminate against people if they don't think they are fit to enter the US, plus why would you want to live in the US anyways, it's miserable there. I'm American and I hate it there, but I've got 3 citizenships.

Where do you get your facts from? I have helped in getting U.S. visas for my inlaws, agreed need to show ties to Thailand, which in this case I think she has, what I don't understand is the part about no guarantee for entry even with the visa, first of all if there is no guarantee of entry the airlines would not let her on the plane, my inlaws have traveled twice with my wife and I to the U.S. the only thing immigration at the border had control of was the length of stay, there comment was, to many requests for six months stay would raise an alert, as they would be considered trying to live in the U.S. without a green card, but never have they suggested they would not be allowed to visit.

Posted

I really appreciate the responses, but one dumb question... I saw a couple people mentioned return tickets. I'm not supposed to have the tickets BEFORE the interview(this would seem odd, as you could easily be rejected and waste a ton of money)?

Posted
I really appreciate the responses, but one dumb question... I saw a couple people mentioned return tickets. I'm not supposed to have the tickets BEFORE the interview(this would seem odd, as you could easily be rejected and waste a ton of money)?

Nope. The return ticket is to show the immigration officer at arrival, to show she plans to return. You may also be required to provide a return ticket to your airline at the time of boarding for them to let you on the flight.

Posted
I really appreciate the responses, but one dumb question... I saw a couple people mentioned return tickets. I'm not supposed to have the tickets BEFORE the interview(this would seem odd, as you could easily be rejected and waste a ton of money)?

Nope. The return ticket is to show the immigration officer at arrival, to show she plans to return. You may also be required to provide a return ticket to your airline at the time of boarding for them to let you on the flight.

Okay, that makes more sense. Thanks!

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