Visa To Usa: Two Initial Questions

[atsiii]

I have two principal questions...

#1: in reading other topics and replies, I see a lot of reference to some Thai's having obtained a "10-year tourist" visa. I've never heard of a 10-year visa, so how does one go about getting such a thing?

#2: My Thai sweetheart is a mid-thirties college graduate, trilingual professional translator. She has worked the last 10-years for a Thai publishing company translating Japanese books into Thai. She is severely underpaid by our standards, but receives a good salary by Thai standards (+/- 15,000 to 20,000 baht per month). She also has a history of international travel to Japan for her job (maybe four of five trips over the last five years). We want to go spend the summer (+/- 3 months) together at my house in the mountains (USA), and then return to Thailand for the winter (7-9 months). If possible, we'd ultimately like to do this each year. After reading lots of horror (and whore) stories about how difficult it is for Thai's to get a USA visa, my question is: will it be difficult for my GF to get a visa? Isn't she a slam-dunk qualifier for a visa (i.e. college grad, professionally employed for 10+years with letter from company saying her job will be waiting, and a previous history of international travel)? Or am I just kidding myself (and her)?

#3: The above are my two questions today. But in order to keep everything in one topic (as posted), our long-range goal is to spend five months each year in the U.S. and seven months each year running a small 6-room guesthouse on Koh Mak. We will be starting a Thai company this year, which will operate the guesthouse/cafe on Koh Mak, and my GF/wife will most likely be a registered Director of that Thai company. So looking forward, is it better to pursue a long-tern tourist visa to allow us to travel back and forth seasonally (as described above), or might it be easier for her (us) to travel back and forth to the U.S. under some sort of business visa based on the Thai company? She would be unpaid when in the U.S., as required by U.S. laws, but we could (honestly!) claim that she was in the U.S. to promote the Thai resort property to potential USA customers.

Thanks in advance for sharing your suggestions and experience.

[Naam]

in reading other topics and replies, I see a lot of reference to some Thai's having obtained a "10-year tourist" visa. I've never heard of a 10-year visa, so how does one go about getting such a thing?

U.S. 10Y visas have been issued since decades. i obtained my first one in 1976. the usual procedure is that initially a visa with a 3Y validity is issued. next step is the 10y visa. both usually are valid for an uninterrupted stay of 6 months in the U.S.

in some cases 10Y visas have been issued based on first time application.

caveat: the final decision (length of stay or admittance to the United States) is done by the immigration officer. a visa issued by U.S. embassies or consulates does NOT GUARANTEE admission as opposed to other countries! by the way, the U.S. does not issue "tourist visas". they are called "visitor visas", good for business, tourism and a bunch of other purposes. that's why the first question at immigration is "what is the purpose of your visit?"

since the terror attack sep 11, 2001 additional questions might be asked, such as "who are you? what are you? why are you? are you working or planning to work here illegally?"

my information is based on personal experience, id est living as a foreigner (wife and i are german citizens) in the U.S. for the most part of the year for nearly 15 years from 1989 till 2005.

best of luck to both of you!

[KamnanT]

Just to clarify, a "10 year visa" is a B-1/B-2 non-immigrant visa that is valid for entry into the U.S. for 10 years from the date of issue. However, as pointed out by Naam, admission to the US and the permitted length of stay on each entry is entirely at the discretion of the immigration officer at the port of entry - the maximum length of stay that can be granted on a B-1/B-2 visa is 6 months. So, in theory, this would suit your plans as long as your GF will not be working in the US.

I don't think any application for a US visa can be termed a "slam dunk" - applications can be and are rejected for a number of reasons. Your GF's application will need to conclusively demonstrate both the means to support herself during her stay in the US and, most importantly, compelling reasons to return to Thailand at the end of the proposed visit. She has secure, long-term employment, yet I suspect she would be questioned about how she can get 3 months off work to visit the US with you. Most Thais are lucky to get 10 days of annual leave per year. If you can demonstrate a history of living and working in Thailand yourself and prove the length and nature of your relationship, that will help establish another reason to return - to be with you.

IMHO, I would start with an application based on a 3 month holiday visit and not mention any plans for annual 5 month stays in the US. She may get a 10 year B-1/B-2 on her first application. If she gets a visa of shorter duration, you can always apply again once the first visa has expired.

[atsiii]

Thank you, both! Yes, you are right, it's government so nothing is a "slam dunk."

When my GF applies for her visa, does she request a desired length of visa? Or does she simply present her hopes for taking a three-month holiday?

As a translator, she is able to do much of her work via the Internet, and she can get a letter from her company stating that she can work remotely via the Internet for six months and still retain her job. IYO, does this adequately explain how she can visit the U.S. for three months, and how she can support herself while there? As for her intent to return to Thailand... she has no relatives or friends in the U.S. (other than me when I am there), no job, etc. All of her family (Mother, Father, Sister & her family, Brother & his family), friends and co-workers are in Thailand, as is her employment, her apartment, etc. Other than these things, how can she actually "prove" her intent to return? Perhaps the more difficult question would be (at least for me to imagine), "how really could she not return?"

After we take over the guesthouse on Koh Mak this October, can we present this ongoing business/Thai company as demonstration of our obvious plans and intention to return to Thailand? We will have a multi-year long-term lease on the property, and that document will be drawn up in both our personal names as well as the business name. In my overly simplistic thinking, once this business is in place, I had assumed it would provide an adequate and honest justification for my GF to visit the U.S. during the off season (i.e. to promote the property), as well as documenting an obvious intent to return to Thailand to run the business during its seven month tourist season? IYO, am I just kidding myself?

[villagefarang]

My understanding is that the US only issues tourist visas that are valid for 10 years. There are no shorter tourist visas. That is perhaps one reason they are a bit reluctant to hand them out. Whatever else changes during those 10 years the holder can still travel to the US.

Remember the visa is entirely based on her qualifications and not you. Sometimes it is actually better to leave the guy out of it completely. Also they regard all tourist applicants as intended immigrants and take everything you say with a healthy dose of skepticism.

Edited May 17, 2011 by villagefarang

[Shurup]

... but I am not sure how the US would view working over the internet while on a tourist visa. If they consider this to be 'employment', then you will kill any chances of getting the visa (or entering the country) if you bring this up during the interview or at airport immigration.

Althoiugh some twisted mind at the embassy or the airport immigration COULD put it this way (not sure if they SHOULD or WOULD), but working in the US and working out of US are not the same things. She won't be getting paid by any US company and won't be "stealing" any jobs from other US sitizens. Her work has nothing to do with the US (economy) in any way and should not be taken into the equation other than proving that she is still employed and has a reason to return to her home country.

[Naam]

Her work has nothing to do with the US (economy) in any way and should not be taken into the equation...

Thai authorities do not agree with your opionion.

[KamnanT]

My understanding is that the US only issues tourist visas that are valid for 10 years. There are no shorter tourist visas. That is perhaps one reason they are a bit reluctant to hand them out. Whatever else changes during those 10 years the holder can still travel to the US.

10 years is the current standard validity period of a multi-entry B1/B2, but shorter durations are still issued where deemed prudent by the visa section. From late 2001 through 2005 (for obvious reasons), issuance of 10 year visas was severely restricted and many applicants for both business and tourism purposes received single entry visas valid only for their declared period of stay.

You are correct that having a current visa will allow the holder to travel to the US, but it is not a guarantee of admission upon arrival. If, upon questioning by ICE at the port ot entry, it appears that the applicant's circumstances have materially changed since the visa was granted, the traveller can be refused entry even though in possession of a valid visa.

[Shurup]

Thai authorities do not agree with your opionion.

I thought we talked about US authorities here...

The 'working online' angle is risky, and not necessary in my opinion. Even if the embassy understands and gives her a visa, immigration at the airport will have all of the information in the application when she arrives in the US. These guys have to process thousands of grumpy long haul passengers every day, and if the guy sees 'working' on her information sheet he could easily assume the worst (illegal employment on a tourist visa) and deny entry.

Much better to just get a letter saying her job will still be there when she gets back after 3 months. It is not unreasonable at all for someone to take a 3 month break after 10 years of service in a company. She is also in a job where she isn't exactly easy to replace, which makes the situation even more legit. How many Thais can translate Japanese books? With the letter and the previous visas to Japan, it is very likely she'll get the visa.

Agree with what you say. Better leave the work via the internet part out of all the paperwork.

[fishman]

This is the deal. Immigration services will generally not allow a tourist visa holder to remain in the states for six months every year and then return to Thailand for six months. This has been my experience, maybe yours is different.

[atsiii]

Her work has nothing to do with the US (economy) in any way and should not be taken into the equation...

Thai authorities do not agree with your opinion.

Naam, can you explain more of what you mean? How is it different from a Thai journalist who is paid in Thailand by a Thai company to travel to the U.S. and send stories and photos back via the Internet?

It seems like from the Thai standpoint, she would still be getting paid by her Thai company and taxed on her Thai earnings. And from the U.S. standpoint, she would not be getting paid by or doing any work for U.S. companies or citizens--which is not allowed on a B1/B2 visitor visa. Rather, she would just be spending her Thai earnings in the U.S.; which I thought is what they (the U.S.) want foreigners to do.

[juanellis]

I'd leave the working via the internet out. On the one hand, you are saying she will be returning to Thailand because of her job to demonstrate ties, then you turn around and tell the embassy she can be away for an extended period because she doesn't need to be in Thailand to do her job...would negate point one.

[fishman]

This is something that many people do not realize. It is up to the individual immigration officer to either stamp yea or nay. There does not seem to be any set rules.

If someone has a clear definition I would sure appreciate the information.

[Naam]

It is up to the individual immigration officer to either stamp yea or nay.

that is correct. what additional clear definition is it that you would like?