Us Visa Denied For Thai Wife

[jdlchiangmai]

Hi Everyone,

My brother's (age 51) Thai wife (age 23 and a good girl) was recently denied a Tourist Visa to visit the US. Does anyone have any experience re-applying for a US visa for a Thai national and being successful. I think when she went for her interview she did not know what was expected of her and she is quite shy when speaking English. We now have more pertinent documents showing that she has ties here and will return to Thailand at the end of our trip. She is part owner of a 41 room apartment complex along with her husband (my brother). They have been legally married for one year and are raising my brother's six year old boy (half Thai) together here. My brother has lived here 7 years.

Any suggestions or comments would be greatly appreciated. She has another appointment with the Consulate but it is after our trip is planned so we are trying to get an expedited appointment with no luck so far. Our trip is planned to visit our elderly parents who want to meet my brother's wife for the first time and they also want to see their grandson again.

Thanks in advance for any information!

jdl in Chiang Mai

[tomwct]

The age difference will keep them from getting a Tourist Visa!!! The government will assume she plans on staying and working. I would recommend them to apply for a Fiance Visa (Even though they are married here) or a Residency Visa!!!. This will take 2 or more years, but it would be futile for them to continue requesting a Tourist Visa!!!

[steelepulse]

Yes age will be the big factor. Is the wife's name on the actual papers of the apartment complex and has it been on the tabien baan of the land for a while? Prior to marriage, did she have a decent amount of assets and a good job? What's her education level?

On a side note but probably related to this and all cases, I have a friend that was a maintenance contractror for the British embassies and would have to go to the various embassies in different countries. The stories he tells of back office employees discussing each case brought before them makes it sound like many decisions are based on how they felt at the time, whether they were hungover, whether they thought it was a sham etc. Basically many of the decisions were based on which way the wind was blowing and how the officers were feeling that particular day made for a yes or no answer on issuing a visa according to my friend.

[jdlchiangmai]

Thanks steelepulse!

She is college educated but did not have a job prior to being made a part owner of the building. She just graduated from Payap University in Hotel Management last spring - good grades. A far as I know her assets of any significance are solely related to her ownership of the building and yes her name is on the official paperwork. I do not know about the tabien baan though I doubt she is on it as this just happened in the last year. I can find out if necessary. She took a lot of this paperwork (school transcript, marriage certificate, apartment ownership agreement, round trip plane tickets, etc.) with her for her interview but some of it was in Thai and most of it the guy just rifled through it without paying attention.

As far as what your friend said I agree. My other brother was a visa consul 20 years ago and says that if you catch someone having a good day then you may get lucky! By the way we have contacted him and he has no additional ideas nor can he pull strings anymore.

Thanks!

[tripplejjj]

Pretend to be her and ask yourself, why would I return to Thailand?

What would be the main reason for me to return to Thailand when opportunities in the US are much better?

House (weak) I can sell / buy a new one.

Property (weak) I can sell it and get cash to take with me to the US.

Relatives (weak) We can talk on the phone.

Friends (weak) Make new ones.

Bank account / Money (weak) Drain it.

Education (weak) In my head.

Job (better) Hard to get a job that pays well if you quit.

Husband (best) Where he resides, she will follow. If he resides and / or work in Thailand, then he would likely return to Thailand. There is a good chance that she would not want to stay in the US if her husband returns to Thailand. His passport and travel history should reflect this fact. The husband would need to write a cover letter explaining this fact clearly.

I think when she went for her interview she did not know what was expected of her and she is quite shy when speaking English.

If she is too shy to speak English, then speak Thai. The interviewer will try to trick her to admit that staying in the US would be very nice. She has to resist the temptation to agree with the interviewer and tell him that otherwise. (ex: the weather is too cold; I hate snow; to expensive; bad food; people are mean. etc,)

Lastly but most important. If she has a "history" on file, then there is nothing much you can do to get a tourist visa.

Edited February 10, 2011 by tripplejjj

[jazzbo]

OP: Our trip is planned to visit our elderly parents who want to meet my brother's wife for the first time and they also want to see their grandson again.

If that is indeed the main reason then you might consider that all of you could meet up in Bermuda where any Thai citizen is granted up to a 6 month visa upon arrival. Transit in London up to 24 hours no problem ...

http://bermuda.visah...ments/Thailand/

Edited February 10, 2011 by jazzbo

[jdlchiangmai]

triplejjj : Lastly but most important. If she has a "history" on file, then there is nothing much you can do to get a tourist visa.

What do you mean by "history"? Is one denial enough to create a history that would deny her ever getting a tourist visa??

Thanks!

Edited February 10, 2011 by jdlchiangmai

[jdlchiangmai]

OP: Our trip is planned to visit our elderly parents who want to meet my brother's wife for the first time and they also want to see their grandson again.

If that is indeed the main reason then you might consider that all of you could meet up in Bermuda where any Thai citizen is granted up to a 6 month visa upon arrival. Transit in London up to 24 hours no problem ...

http://bermuda.visah...ments/Thailand/

I appreciate the thought but if our parents were willing and able to travel they would just come to Thailand.

Thanks!

[daboyz1]

The age difference will keep them from getting a Tourist Visa!!! The government will assume she plans on staying and working. I would recommend them to apply for a Fiance Visa (Even though they are married here) or a Residency Visa!!!. This will take 2 or more years, but it would be futile for them to continue requesting a Tourist Visa!!!

Where do you get 2 years? If he was in he US it would be 11 months maximum. Closer to 6-8 months in reality. Also, doesn't matter where there are married. Married is married. K-1 (fiancee visa) is not an option. Since he has lived in Thailand for more than 6 months, he qualifies for DCF (Direct Consular Filing) which would take around 3 months.

Also, once a marriage visa and subsequent green card is issued, it can't be used a tourist visa. Green Card holder must remain a resident in the US. Stays out of the US for 6 months to 1 year risk having the green card revoked for not maintaining US residency. Stays out of the US for more than a year will definitely end up having the green card revoked.

They used to issue a K-3 marriage visa, but that is no longer an option. It was a 2 year multiple entry visa into the US.

[ccarbaugh]

"....for the land of the FREEEEEE, and the home,of the, - BRAVE" - hahahahah

[jazzbo]

No problem ... But being willing and able to travel on a 2-4 hour flight to Bermuda is a whole lot different for an elderly person than a 20+ hour flight from USA to Thailand ... and it may still be an alternative for you and others if that US visa for the Thai wife or significant-other just does not materialize.

Edited February 11, 2011 by jazzbo

[traveldog]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

[jdlchiangmai]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

We don't know for sure but assume it was a combination of age difference in the marriage and a lack of communication about her position with the business. I believe if your wife has as many documents as she can, has a good job and family to come back to, and if she is able to forcefully (politely of course) state her case that she has no intention of staying in the US, technically she should be ok. But then again my brother thought his wife would have no problem getting a visa seeing as they are legally married, he is a 27 year expat (7 in Thailand, 20 in South Africa) with a 6 year old son here who has no desire to ever move back to the States and we too have round trip tickets. Apparently they don't like you to purchase tickets before the visa is issued but of course that is not always possible. The visa officer just flipped through her paperwork and never even looked at the airline tickets. It sounds like his mind was made up after hearing the age difference and the fact that the son is not hers. Hope this helps.

Good luck!!

[traveldog]

yeah jdl, that helps explain what kind of people are doing the interview....sounds pretty grim and a bit unfair. My wife and I have a 20 year age difference which frankly I have never considered an issue..hmmmm well personally since I can't come with during the interview I will just have to trust my wife's ability. Her English is pretty good and she is fairly confident and has a winning personality....in the end if the man/woman interviewer says no that will pretty much give me another perfect reason to not step foot in the good ole usa ever again. Sorry for my sister who we are going to visit but then again she can come visit us here a lot more easily!

Thanks for your sharing and good luck to your brother and his wife too!

[tripplejjj]

triplejjj : Lastly but most important. If she has a "history" on file, then there is nothing much you can do to get a tourist visa.

What do you mean by "history"? Is one denial enough to create a history that would deny her ever getting a tourist visa??

Thanks!

I'm not making any accusations, but if during a background check, her name comes up in another visa case, illegal activities, etc. If this was truly her first time applying for a tourist visa and she has no record, then you need to assume that she did not provide enough evidence to show that she has no intention of immigrating to the US.

[jdlchiangmai]

yeah jdl, that helps explain what kind of people are doing the interview....sounds pretty grim and a bit unfair. My wife and I have a 20 year age difference which frankly I have never considered an issue..hmmmm well personally since I can't come with during the interview I will just have to trust my wife's ability. Her English is pretty good and she is fairly confident and has a winning personality....in the end if the man/woman interviewer says no that will pretty much give me another perfect reason to not step foot in the good ole usa ever again. Sorry for my sister who we are going to visit but then again she can come visit us here a lot more easily!

Thanks for your sharing and good luck to your brother and his wife too!

traveldog - one thing I didn't mention is that if your wife is uncomfortable speaking English she can ask for a Thai translator. We did not know this at the time and don't know if it would make a difference. Just thought I would let you know. Hope it goes well.

[daboyz1]

triplejjj : Lastly but most important. If she has a "history" on file, then there is nothing much you can do to get a tourist visa.

What do you mean by "history"? Is one denial enough to create a history that would deny her ever getting a tourist visa??

Thanks!

I'm not making any accusations, but if during a background check, her name comes up in another visa case, illegal activities, etc. If this was truly her first time applying for a tourist visa and she has no record, then you need to assume that she did not provide enough evidence to show that she has no intention of immigrating to the US.

Thai women get denied on a regular basis at the USEM in Bangkok. This is nothing new. I have seen them get shot down with 2 houses and a job. I have seen them get approved with no job and no property. B1/B2 is tough in Bangkok.

[tripplejjj]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

We don't know for sure but assume it was a combination of age difference in the marriage and a lack of communication about her position with the business. I believe if your wife has as many documents as she can, has a good job and family to come back to, and if she is able to forcefully (politely of course) state her case that she has no intention of staying in the US, technically she should be ok. But then again my brother thought his wife would have no problem getting a visa seeing as they are legally married, he is a 27 year expat (7 in Thailand, 20 in South Africa) with a 6 year old son here who has no desire to ever move back to the States and we too have round trip tickets. Apparently they don't like you to purchase tickets before the visa is issued but of course that is not always possible. The visa officer just flipped through her paperwork and never even looked at the airline tickets. It sounds like his mind was made up after hearing the age difference and the fact that the son is not hers. Hope this helps.

Good luck!!

Let's separate facts from assumptions:

Facts:

1. Legally married: How is being legally married help her not to immigrate to the US? It is a fact that a person, married to a US citizen, can easily change her tourist visa, once arrived in the US, by requesting a residency status.

2. A 6 year old son: Better life awaits him in the US as compared to the Thailand.

3. Husband is a 27 year expat: Is he applying for a tourist visa? How is that suppose to help her exactly?

4. Having round trip tickets: Once in the US, how hard would it be to get a refund or just not use the ticket to return to Thailand?

5. She is college educated: Is there a law written in stone that would prevent her from applying what she has learned in the US.

6. She is a part owner of the building: Which part, the big one or tinny one? I am currently a part owner of Apple Inc., I still can't get a free iPhone 4.

7. She was not employed: Yeap! Getting a job in the US would be a giant step up in life.

8. Husband has lived in Thailand for 7 years. Is he intending to continue residing in Thailand? If she can provide documentations, indicating that they both are currently residing together in Thailand with income from Thailand (visa type with numerous extension of stay and work permits), then there is a good chance that she would return to Thailand.

9. Some of the documentations that she took were in Thai: If 1 - 8 above were a liability, then don't expect the interviewer to make a case for her when she did not make a case for herself.

Assumptions:

1. A 6 year old son who has no desire to ever move back to the States: What would a 6 year old, who can easily be manipulated, know about living in the US? How is that suppose to help her?

2. Age different: If this was a fact, then they would not have granted tourist visa to couples with spouses of different ages.

3. Lack of communication: It speaks for itself.

My wife was a typical shy Thai woman who doesn't speak a lick of English. Because money was on the line, I decided to interview her and set her up for success. I asked her trick questions. I taught her the proper way to respond and how to distract the interviewer's attention from the task at hand. During her interview, the interviewer did not care about her friends, relatives, or education. We didn't even have a ticket but she knew the cost and why we picked a particular time of month. His focus was on my immigration and residency status, enough money to support the trip, her job. Lastly, know who, what, where, when, why, and how of the trip.

Qualifying for a Visitor Visa

There are specific requirements which must be met by applicants to qualify for a visitor visa under provisions of the Immigration and Nationality Act. The consular officer at the embassy or consulate will determine whether you qualify for the visa.

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and
• That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit.

Edited February 11, 2011 by tripplejjj

[daboyz1]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

We don't know for sure but assume it was a combination of age difference in the marriage and a lack of communication about her position with the business. I believe if your wife has as many documents as she can, has a good job and family to come back to, and if she is able to forcefully (politely of course) state her case that she has no intention of staying in the US, technically she should be ok. But then again my brother thought his wife would have no problem getting a visa seeing as they are legally married, he is a 27 year expat (7 in Thailand, 20 in South Africa) with a 6 year old son here who has no desire to ever move back to the States and we too have round trip tickets. Apparently they don't like you to purchase tickets before the visa is issued but of course that is not always possible. The visa officer just flipped through her paperwork and never even looked at the airline tickets. It sounds like his mind was made up after hearing the age difference and the fact that the son is not hers. Hope this helps.

Good luck!!

Let's separate facts from assumptions:

Facts:

1. Legally married: How is being legally married help her not to immigrate to the US? It is a fact that a person, married to a US citizen, can easily change her tourist visa, once arrived in the US, by requesting a residency status.

Get busted doing that it is a lifetime ban. It is illegal on paper although it happens alot.

Once again if you enter on a B1/B2 and they think you have immigrant intent, kiss it all goodbye. You will be turned around at the point of entry. It's a long flight back/ Remember a visa to the US is just that. An oppurtunity to enter. They can easily turn you around and send you back after sitting at the airport all night.

I could go on and on. It's late here in Texas. There's all kinds of ways/ If you have live in Thailand more than 6 months, go DCF.

[ProThaiExpat]

This subject has been discussed ad naseum on Thaivisa in the past and researching the subject will help you a lot. I have outlined in detail in the past why many miss the boat when preparing the application and providing supporting documents. My best friend in Thailand has a partner that has been denied a visa four times and yet still insists on doing the application process alone and with a masters degree in English too boot. Not properly presented, this advanced education can become a negative.

Briefly, the US Department of State website is clear that the applicant must carry the burden of convincing the interviewer, who is mandated by law, to begin the interview with the assumption that the applicant intends to overstay the tourist visa.

It is the applicant's responsibility to convince the interviewer that they have a "compelling reason" to return to Thailand.

Many have already posted judgments on the weakness of many documents or "facts" about the scenario provided by OP. In the spirit of teaching you to fish. rather than providing the fish, I offer the following:

The overriding human desire to remain with your family, husband and children clearly is an "compelling reason". Thus husbands long stay in Thailand in the past and into the future is paramount. Clearly jobs, activities and Thai based commitments help. So many wrongly think demonstrations of personal wealth are persuasive, but they are not "compelling reasons" to return to Thailand. as they can easily be managed from overseas.

A major effort on bolstering the love relationship with husband, especially if their finances are interdependent, can be very persuasive. Pictures, anniversaries, family events, etc. add to the persuasive effect that this relationship is not just one of convenience of a young beauty taking advantage of an older man to get to the US.

In helping my other half to get US and Australian visas, I prepared a booklet, much like a business proposal or presentation, in which all the documents were indexed, pictures labeled, daily itinerary and the cover document was entitled "Compelling Reasons to Return to Thailand". While I wasn't worried so much of the lack of language skills, the basic Thai nature is not well suited to confrontational interviews. As it turned out, the interviewer started the interview by spending all of his time reading the booklet page by page and then only asking one question, testing knowledge of some fact contained in the booklet, before granting a 10 year multiple entry tourist visa.

We even rehearsed the interview process beforehand and the phrase "Why would I want to overstay in the US and work as a server in a Thai restaurant when I have such a good life in Thailand with my expat partner" was readied but not needed. The husband traveling with and returning to Thailand is important and his ties to Thailand are very persuasive once the burden of proving a loving and long term future relationship is established.

Our first visa application to Australia was initially denied due to some shadings of the truth of our relationship, but once we asked and got an interview after denial, a full explanation of the reality of our relationship reversed the decision. Of course. it helped that prior visits and returns to Thailand bolstered the legitimacy of the US application documents. My long term commitment to living in Thailand is the strongest as is our financially interdependent relationship, so my finances are an important ingredient to be proved. I had an age gap to overcome as well, so trying to establish my other half as in independent person of substance was contrary to the effort to establish the relationship as the compelling reason, as was my ties to Thailand.

Much importance is placed on the reason for the visa so emphasizing the parents of the husband, their intention in provide living accomodations for the family reunion and a good letter from them inviting the applicant to stay, looking forward to finally meeting her etc. is a must. Put "compelling reasons to return" at the top of a page and rank her own reasons is a place to start and then document every assertion made in your "story", it is the story that is something any good salesman has.

Edited February 11, 2011 by ProThaiExpat

[jdlchiangmai]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

We don't know for sure but assume it was a combination of age difference in the marriage and a lack of communication about her position with the business. I believe if your wife has as many documents as she can, has a good job and family to come back to, and if she is able to forcefully (politely of course) state her case that she has no intention of staying in the US, technically she should be ok. But then again my brother thought his wife would have no problem getting a visa seeing as they are legally married, he is a 27 year expat (7 in Thailand, 20 in South Africa) with a 6 year old son here who has no desire to ever move back to the States and we too have round trip tickets. Apparently they don't like you to purchase tickets before the visa is issued but of course that is not always possible. The visa officer just flipped through her paperwork and never even looked at the airline tickets. It sounds like his mind was made up after hearing the age difference and the fact that the son is not hers. Hope this helps.

Good luck!!

Let's separate facts from assumptions:

Facts:

1. Legally married: How is being legally married help her not to immigrate to the US? It is a fact that a person, married to a US citizen, can easily change her tourist visa, once arrived in the US, by requesting a residency status.

Get busted doing that it is a lifetime ban. It is illegal on paper although it happens alot.

Once again if you enter on a B1/B2 and they think you have immigrant intent, kiss it all goodbye. You will be turned around at the point of entry. It's a long flight back/ Remember a visa to the US is just that. An oppurtunity to enter. They can easily turn you around and send you back after sitting at the airport all night.

I could go on and on. It's late here in Texas. There's all kinds of ways/ If you have live in Thailand more than 6 months, go DCF.

My brother has lived here (Thailand) for 7 years if you had read the post you would know that. He has been on a Non B with a WP for 6 of those years and changed to Marriage Extension of Stay after they got married. Since you seem to think this post is not legitimate please only helpful advice would be appreciated. All I can say is that she has no intent on immigrating to the US - I do not know if that is possible to convince anyone but it is true. I cannot think of anything else to add. Thanks to all who have posted!

[jdlchiangmai]

A major effort on bolstering the love relationship with husband, especially if their finances are interdependent, can be very persuasive. Pictures, anniversaries, family events, etc. add to the persuasive effect that this relationship is not just one of convenience of a young beauty taking advantage of an older man to get to the US.

In helping my other half to get US and Australian visas, I prepared a booklet, much like a business proposal or presentation, in which all the documents were indexed, pictures labeled, daily itinerary and the cover document was entitled "Compelling Reasons to Return to Thailand". While I wasn't worried so much of the lack of language skills, the basic Thai nature is not well suited to confrontational interviews. As it turned out, the interviewer started the interview by spending all of his time reading the booklet page by page and then only asking one question, testing knowledge of some fact contained in the booklet, before granting a 10 year multiple entry tourist visa.

We even rehearsed the interview process beforehand and the phrase "Why would I want to overstay in the US and work as a server in a Thai restaurant when I have such a good life in Thailand with my expat partner" was readied but not needed. The husband traveling with and returning to Thailand is important and his ties to Thailand are very persuasive once the burden of proving a loving and long term future relationship is established.

Our first visa application to Australia was initially denied due to some shadings of the truth of our relationship, but once we asked and got an interview after denial, a full explanation of the reality of our relationship reversed the decision. Of course. it helped that prior visits and returns to Thailand bolstered the legitimacy of the US application documents. My long term commitment to living in Thailand is the strongest as is our financially interdependent relationship, so my finances are an important ingredient to be proved. I had an age gap to overcome as well, so trying to establish my other half as in independent person of substance was contrary to the effort to establish the relationship as the compelling reason, as was my ties to Thailand.

Much importance is placed on the reason for the visa so emphasizing the parents of the husband, their intention in provide living accomodations for the family reunion and a good letter from them inviting the applicant to stay, looking forward to finally meeting her etc. is a must. Put "compelling reasons to return" at the top of a page and rank her own reasons is a place to start and then document every assertion made in your "story", it is the story that is something any good salesman has.

Thank you so much for your personal tales of visa applications. I appreciate everything you said and will pass all this on to my brother and it will help me test my sister in law for her next interview. You've given me a bit of hope!

Thanks!

[jazzbo]

"Why would I want to overstay in the US and work as a server in a Thai restaurant when I have such a good life in Thailand with my expat partner"

The Embassy rejoinder might be: "Why would you want to go back to Thailand and live with a guy older than your father when you can hang out with other 'good girls' who are students at UCLA Medical School or Stanford Law School and command $500 per hour (minimum 3 hours) at a Los Angeles escort service?"

[wintermute]

"Why would I want to overstay in the US and work as a server in a Thai restaurant when I have such a good life in Thailand with my expat partner"

The Embassy rejoinder might be: "Why would you want to go back to Thailand and live with a guy older than your father when you can hang out with other 'good girls' who are students at UCLA Medical School or Stanford Law School and command $500 per hour (minimum 3 hours) at a Los Angeles escort service?"

Not to mention that if she is half-way decent looking she'll have dozens of young studs testing her loyalty every day. That 41 room apt building may also look like chump change once she sees the prospects available in the good ole' U.S.A. that can be had with a coy smile and a wink.

[powderpuff]

My brother has lived here (Thailand) for 7 years if you had read the post you would know that. He has been on a Non B with a WP for 6 of those years and changed to Marriage Extension of Stay after they got married. Since you seem to think this post is not legitimate please only helpful advice would be appreciated. All I can say is that she has no intent on immigrating to the US - I do not know if that is possible to convince anyone but it is true. I cannot think of anything else to add. Thanks to all who have posted!

Tell your brother to register his marriage.

Skirting the laws & thinking you are smarter than everyone else is pretty much a Thai thing.

Follow the rules & life will be 50 times easier.

[jdlchiangmai]

My brother has lived here (Thailand) for 7 years if you had read the post you would know that. He has been on a Non B with a WP for 6 of those years and changed to Marriage Extension of Stay after they got married. Since you seem to think this post is not legitimate please only helpful advice would be appreciated. All I can say is that she has no intent on immigrating to the US - I do not know if that is possible to convince anyone but it is true. I cannot think of anything else to add. Thanks to all who have posted!

Tell your brother to register his marriage.

Skirting the laws & thinking you are smarter than everyone else is pretty much a Thai thing.

Follow the rules & life will be 50 times easier.

His marriage is registered and everything is completely above board. We are following the rules and nothing is any easier. Again informative feedback would be welcomed only. Thanks

[daboyz1]

jdl, why was your brother's wife denied the visa? They tell you why don't they? so when you re-apply you can do better. AFAIK they are trying to keep out those who intend to illegally immigrate-which is why she should be prepared to offer evidence that she isn't and it sounds like you now know what these things are. My wife is going in a few weeks for her tourist visa appointment armed with her present job to return to, her house chanote and copy of my passport which will show that I live here as well as my chanote on my condo (maybe overkill?) and of course the return air ticket...if you have these should be ok, no?

We don't know for sure but assume it was a combination of age difference in the marriage and a lack of communication about her position with the business. I believe if your wife has as many documents as she can, has a good job and family to come back to, and if she is able to forcefully (politely of course) state her case that she has no intention of staying in the US, technically she should be ok. But then again my brother thought his wife would have no problem getting a visa seeing as they are legally married, he is a 27 year expat (7 in Thailand, 20 in South Africa) with a 6 year old son here who has no desire to ever move back to the States and we too have round trip tickets. Apparently they don't like you to purchase tickets before the visa is issued but of course that is not always possible. The visa officer just flipped through her paperwork and never even looked at the airline tickets. It sounds like his mind was made up after hearing the age difference and the fact that the son is not hers. Hope this helps.

Good luck!!

Let's separate facts from assumptions:

Facts:

1. Legally married: How is being legally married help her not to immigrate to the US? It is a fact that a person, married to a US citizen, can easily change her tourist visa, once arrived in the US, by requesting a residency status.

Get busted doing that it is a lifetime ban. It is illegal on paper although it happens alot.

Once again if you enter on a B1/B2 and they think you have immigrant intent, kiss it all goodbye. You will be turned around at the point of entry. It's a long flight back/ Remember a visa to the US is just that. An oppurtunity to enter. They can easily turn you around and send you back after sitting at the airport all night.

I could go on and on. It's late here in Texas. There's all kinds of ways/ If you have live in Thailand more than 6 months, go DCF.

My brother has lived here (Thailand) for 7 years if you had read the post you would know that. He has been on a Non B with a WP for 6 of those years and changed to Marriage Extension of Stay after they got married. Since you seem to think this post is not legitimate please only helpful advice would be appreciated. All I can say is that she has no intent on immigrating to the US - I do not know if that is possible to convince anyone but it is true. I cannot think of anything else to add. Thanks to all who have posted!

Not sure where you're coming from. Who said anything about a the post not being legitimate? I'm telling you how it is. Don't shoot the messenger. It doesn't matter if he lived in Thailand for 100 years. B1/B2 is all about her. Actually being married to him gives them the impression she will stay in he US.

[traveldog]

Well there is a quite a bit more information for us all to chew on. I figured it was a slam dunk for my wife and now I feel a bit queasy about the whole thing. I am definitely taking advantage of ProThaiexpats advice about making the booklet with compelling evidence for returning to Thailand....that is a whole lot more than what is implied from the US embassy website. Looks like some more preparation work is in order. Thanks again everyone for the help.

[jdlchiangmai]

jdl wrote:

My brother has lived here (Thailand) for 7 years if you had read the post you would know that. He has been on a Non B with a WP for 6 of those years and changed to Marriage Extension of Stay after they got married. Since you seem to think this post is not legitimate please only helpful advice would be appreciated. All I can say is that she has no intent on immigrating to the US - I do not know if that is possible to convince anyone but it is true. I cannot think of anything else to add. Thanks to all who have posted!

daboyz1 wrote:

Not sure where you're coming from. Who said anything about a the post not being legitimate? I'm telling you how it is. Don't shoot the messenger. It doesn't matter if he lived in Thailand for 100 years. B1/B2 is all about her. Actually being married to him gives them the impression she will stay in he US.

Even if the husband has lived in Thailand and has the WPs and extensions of stay to prove that and the fact that he has no desire to move back to the US? His/their life is here. So it really is just like a lottery. Are you saying her only chance is to get lucky? Catch a sympathetic officer having a good day. I had no idea the prospects of getting a US visa would be so dire for her. It seems the closer you are to an American citizen the less likely you are to be approved. I appreciate you honesty. Didn't mean to shoot the messenger. I am just at a loss as to what to do. My parents have even contacted a Congressman's office and they are willing to write a letter. Might this help at all?

Edited February 12, 2011 by jdlchiangmai

[daboyz1]

Every congressman has an immigration "liason." This helps sometimes in cases with USCIS when people are outside of processing times etc.. Your (wife's) case will be handled by the dept. of state... US Embassy in BKK. She will have to apply for the visa on her own merits. Husband has nothing to do with it. It only costs $140 to give it a shot. I know it sounds odd, but it's how they work there. I have seen people here that wanted to get a visa for their mom to come here because the Thai wife here in the US was having a baby etc. and get shot down because for some strange reason they think the mom will stay in the US and not go back to Thailand.

I'm with you I think it is BS, but it's how they work over there.