Cause For Fiancee Visa To Be Denied? Usa

[Georgehn]

My Thai girlfriend of five years and I have started to work on a Marriage Visa so that she can come to the US and get married. We have kept records, receipts, pictures together and all the requirements.

A couple of weeks ago, she made a poor decision to drive home after drinking with her friend and had a motorbike accident that put her in the hospital, along with two other women who she injured. She was jailed after leaving the hospital until she paid the fines and the two ladies expenses. She was in jail for 4 days over the long weekend.

In all, she paid the police fines and also restitution for the two ladies loss of income while they could not go to work and also their medical bills.

She is now back home with her mom recuperating, but she says she cannot continue with the Visa process because it is forever damaging and she cannot ever get a Visa to leave the country.

Is this true? Can this type of incident totally prevent her from ever leaving Thailand to get married elsewhere? I have conflicting information because they tell me that type of offense does not prevent anyone from getting a Visa.

I am hoping to tell her that all is not lost. Any information is greatly appreciated.

[CharlieH]

You might get more informed and better replies to this in the "Visa section for other countries".

http://www.thaivisa.com/forum/forum/25-visas-and-migration-to-other-countries/

The Guru's there will be able to throw some good info your way.

[Beetlejuice]

It appears your GF is feeding you total BS.

Drink driving is a criminal offence, but the police do not have the powers to detain someone in a jail indefinitely without being officially charged until they pay a fine in an out of court settlement. Because once charged the person falls under the jurisdiction of the law and has to pass through the legal process.

First the police would need to gather evidence that she was at fault and arrest her. Then perhaps jailed after being charged pending a trial or released awaiting a trial, but cannot be held on a criminal case and then released on payment of a so called fine without first the case being accessed by the prosecutor and appearing under the charges in a court of law.

If there is some truth in the story that she told you (lol), than as she was not officially charged under any criminal act and or found guilty of any crime, than she would have no criminal record, meaning there is nothing on record that can be used against her, so no problem in this case, because to receive a criminal record, first the case has to go to trial in a court of law and the results determined by the judge on evidence submitted by the police or witnesses.

Sorry my friend, you are being duped or not in full knowledge of the facts.

Edited August 24, 2012 by Beetlejuice

[Soutpeel]

lets assume for a minute that she has been through the Thai legal system and does in fact now have a criminal record, then in some repsects she could be correct in stating that the conviction may go against her in a visa application.

Certainly in the case of this sort of visa application there will be question "have you ever been convicted of anything ?" and she would answer yes, and you would need to supply further details, it would then be up to US immigration services to decide whether this would go against her.

With above being said, per the details you have supplied, this whole case appears to have come through the Thai system rather quickly

[chuang]

She was not charged in court, therefore no criminal record...if she paid restitution then it's an out of court settlement..

either way it would affect the marriage visa...

[TommoPhysicist]

She was not charged in court, therefore no criminal record...if she paid restitution then it's an out of court settlement..

either way it would affect the marriage visa...

NOT affect the marriage VISA application.

[bangkokburning]

Did she ask for money to cover any of this?

There was a guy in Pattaya, new bar owner and noob to Thailand. Had a gf I knew was no good to the core, but he was hooked. He was a really nice guy and an American. I warned him about her, not to marry at first. Later when the girls in his bar said she was a horrible boss and many quit I informed about that as well.

One night she told me she hated her nose and wanted to get it fixed.

I lost contact eith him, the bar became sort of a sad place for me.

Some months later I caught up with him. Seems gf got in an accident on her bike, destroyed the bike and her nose. Without accident report or hospital bill, he caughed up cash for both. He was duped - free bike, free nose job.

About a year later he had enough of her but could not leave her because the bar was in her name. She swapped his condo for the papers on the bar. Zing!

Story is suspect, imo.

Edited August 26, 2012 by bangkokburning

[Shot]

Since we really don’t know what happened, I would proceed with the marriage visa. Tell her you want to finish the paperwork, submit it, line up an interview ASAP, and let the embassy decide. This will allow you to remain neutral as you will not have to question her word.

Once you head down that path the truth will be known.

Good luck

Shot

[JohnC]

There could be an element of tuth in her story, take the following scenario which was posted on the forum a couple of months ago, actual incident!

Stopped by police in routine stop, breathalysed and found to be over the limit, taken to Soi 9 police station to await court appearance, unfortunately it was a Friday and the following Monday was a public holiday therefore the person was detained until the following Tuesday when the court re-opened. Time in detention 4/5 days, so yes plausible .

[7by7]

Topic title edited to show country.

Would members please refrain from unnecessary speculation and restrict posts to answering the OP's question.

[daboyz1]

She's going to have to get a police clearance to get a U.S. visa. Will need to see what's on that.

[ubonrthai]

She's going to have to get a police clearance to get a U.S. visa. Will need to see what's on that.

I would go get the police certificate immediately and hope this doesn't show up. On your application you still have to answer truthfully about being convicted of a crime (IF convicted).

Edited August 28, 2012 by ubonrthai

[KeyserSoze01]

It was a traffic incident, not a criminal offense, so the likelihood of her being denied a fiance visa is minimal. She has paid the fines and paid restitution to the other parties, so no harm has been done other than the injuries sustained in the accident.

Anything else is speculation. Have her continue to visa process as if nothing happened. If she balks, then you have your answer as to her intentions.

[Georgehn]

Thanks for all the feedback and suggestions.

I did find the truth and found that she indeed had the accident and that her brothers bailed her out. Unfortunately, she had to have them sell her own bike to come up with the money.

I found also that the police indeed took her money and no court papers were filed, other than to agree to pay the fee and restitution. Judging by the responses and other posts, this is a common practice when it comes to police matters.

She is still under the belief that she ruined her chances of getting a Visa, but by all replies, she does have a very strong chance of getting one.

Now it is just a matter of convincing her otherwise and putting this behind her.

Thanks again everyone!

[bangkokburning]

So she sold the bike and does not have any papers for any of the police processing.

Well, good luck to you.

[1BADDAT]

Update?