What Visa Type To Apply For? (Us, No Travel Plans, ....)

[Heng]

For a family a member.... Married (only in Thailand), both Thai... one of whom (the wife) is a Thai American dual national with both passports. Three kids, all of which are also dual nationals with both passports. My question is, what is the appropriate Visa class the husband (who only has Thai citizenship) should apply for if they don't plan on travel any time soon, but would like to have it there just in case. Would B-2 be the best one to apply for or is there another visa type that we should be looking at? Also, has anyone applied for a US visa and left the 'travel plans' section undeclared? Would that produce negative results?

:-)

[Thanyaburi Mac]

Heng

B1/B2 is about all there is in this instance, I'd think. Travel plans, no problem to leave blank. My Thai wife's most recent visa was issued like this, it's in an expired passport now, and still hasn't been used. Perhaps next year.

Has the husband had a U.S. visa previously? Been there and returned? Everyone have good solid ties to Thailand? This'll be a tight decision for the interviewing ConOff, wondering if there's a potential Robin Hood here in the making.

Mac

[Heng]

Thanks for the reply Mac. He hasn't been stateside but he does have enough 'ties' to Thailand IMO. We'll see. There was some discussion as to whether K-1 or K-3 would be more appropriate or not, as they have an 8 year marriage (and American children as mentioned) under their belt, but don't plan to immigrate... both of those visa descriptions are worded as if the goal is to move to the US. It does seem like the B-2 is the 'easier' visa to get.

We'll end up asking ACS of course but just wanted to see if anyone else had a similar situation.

[thaihome]

Both the K-1 and K-3 are immigrant visas. The B2 should not be problem. In addition to the husband's ties, the US citizen wife should show her ties to Thailand in order to assure the consulate there is no intendtion to attempt to stay in the US and apply for change of status.

He will likely be given a 10 year multi entry.

TH

[Heng]

Both the K-1 and K-3 are immigrant visas. The B2 should not be problem. In addition to the husband's ties, the US citizen wife should show her ties to Thailand in order to assure the consulate there is no intendtion to attempt to stay in the US and apply for change of status.

He will likely be given a 10 year multi entry.

TH

thanks for the reply TH. Both have IMO significant ties to Thailand.... curiously what do you mean in terms of 'status change?' Hypothetically if the non-American applicant had significant ties but the American did not (to Thailand that is), do you think that would be a factor?

:-)

[Thanyaburi Mac]

"Chage of Status" from that of a tourist visa holder, a B-2, to a PRA, Permanent Resident Alien, Green Card holder.

It's not illegal, but is somewhat frowned upon by U.S. Immigration, and embarrassing to the consulate that issued the tourist visa in the first place.

This is the reason often seen here on TV with an AmCit guy and Thai wife or GF, what are the AmCit's ties to Thailand. The assumption being that if he's going to return, the Thai partner will also come back.

The four times my now wife has been up for interview, I was the one questioned (could still go in to the interview area at that time), not her, and the string of "retirement" extensions in my passport sure helped establish that I'm a long-termer here.

Mac

[thaihome]

Both the K-1 and K-3 are immigrant visas. The B2 should not be problem. In addition to the husband's ties, the US citizen wife should show her ties to Thailand in order to assure the consulate there is no intendtion to attempt to stay in the US and apply for change of status.

He will likely be given a 10 year multi entry.

TH

thanks for the reply TH. Both have IMO significant ties to Thailand.... curiously what do you mean in terms of 'status change?' Hypothetically if the non-American applicant had significant ties but the American did not (to Thailand that is), do you think that would be a factor?

:-)

As Mac said, legally the spouse of a US citizen in the US on a tourist visa can apply for an adjustment of status based on the marriage to a US citizen as long as there was no "preconceived intent" to do so at the time of entry. This why the consulate will ask if there is an intent to stay in the US.

This explains it pretty well.

Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas

I entered the country on a B1/B2 visitor visa, can I safely adjust status? This is a very common question, and a source of a lot of confusion, even amongst immigration practitioners, USCIS officers, and Consular Officers (AKA ConOffs). The answer, like most things in immigration, is "maybe."

As many people know, a B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa. If a ConOff interviewing you for the visa asks you whether you have intent to immigrate or if you have a US Citizen fiancé in the US, etc, and you say that you do have a fiancé and intend to get married and immigrate, you will not get the visa.

With the above considerations in mind, it is important to also understand the issues of preconceived intent (PCI) and fraud. The basic guideline is that PCI is not an inadmissibility bar, but fraudulent misrepresentation (INA 212(a)(6)©(i)) is. So even if you had, in your heart, preconceived intent, if you were never questioned about it, and you never stated anything untrue to a ConOff or Port of Entry Officer, nor made any misstatements in your DS (department of state) forms when they were filled, then you are legally good to adjust status.

[Heng]

Great info, thanks guys.