A B1/b2 Visa Is For Those Not Intending To Immigrate To The United States.

[kdc1899]

Hello,

I have a Thai wife of 6 years. Amphur marriage registered with U.S. Embassy in Bangkok. Thai wife has lived with me in Dubai and Kuwait and has a multi entry (U.S.) ten year visit visa in her Thai passport. She has never been to The States. I'm done in the middle east and I am home in The States now. Wife and kids (all the kids have U.S. passports) are still in Thailand.

One of the kids gets sick often and the Thai doctors can't seem to fix her. I want to bring her here and let American doctors have a go at it. Wife can come any time cause she has the visit visa (took all of 2 days to get the ten year multi entry). I can't tell the future so what if a need arose where the kid needed to stay beyond the time offered by the officer at the arriving airport? Can I adjust Thai wife's immigration status while she (and all our kids) are here ( again; all the kids are U.S. citizens) ?

Thanks in advance

KDC

[Thanyaburi Mac]

Suggest you do a Google for: u.s. visa extension of stay

Lots of hits, including this one from the State Dept:

http://travel.state.gov/visa/temp/info/info_1298.html#3

But, extensions are handled by the former INS, now USCIS, www.uscis.gov, and by filing their form I-539 BEFORE the permitted period of stay expires.

Should be doable with a good reason, and medical sounds like such.

Mac

[kdc1899]

Thanks for the info. I checked out their website. Looks like I can change her status at anytime she is here and for no particular reason. Up 2 U is what I'm getting from the text.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

Adjustment of Status

The Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

[Thanyaburi Mac]

Ah, Adjustment of Status to a PRA, Permanent Resident Alien, "Green Card" holder, is a totally different matter. It is possible but not really much liked by the U.S. immigration folks since it is, in effect, a "violation" of the terms of the non-immigrant visa, the 10-year B1/B2, which is for temporary visits to the U.S.

If a person really wants a green card, they should go through the Immigrant Visa process.

If a person is in the U.S. on a temporary visit and needs another few months for a good reason, then an extension of the visa stay is the proper way to go, then return to their home country.

But, again, applying for Adjustment of Status to PRA is not illegal, just discouraged. I know several folks who have gone through this process.

Mac

[kdc1899]

applying for Adjustment of Status to PRA is not illegal, just discouraged.

Mac

Thanks again.

Is it discouraged by those "just here to get paid" types that work in places like the DMV, etc ?

It just seems like the text on the website offers nothing negative about the option or process. Sounds like it can't even be denied as long as she is here legally and she is my wife of more than 2 years (yes on both).

Sorry if it reads like I'm answering my own questions. I just don't want do the wrong thing and the uscis website totally makes the adjustment option seem like an up 2 U no pompem type of deal.

na ja

Thanks again

KDC

[Thanyaburi Mac]

Well, Adjustment of Status is kind of at odds with the purpose of a Tourist Visa, eg, going for a temporary stay. What can screw up an application for Adj-Sta is a statement by the applicant that this was their purpose in making the trip.

So, if your wife does decide to pursue this option, she should be sure to state that her original intention was just for a temp stay to take care of the child during medical treatment, not to stay permanently.

Note, having a Green Card can be a bit of a hassle, too, in that if the holder returns to their country of birth, or indeed, departs the U.S. for more than a year, the Green Card expires, and in the meantime, the 10-year Tourist Visa has been canceled.

Got an AmCit friend with a Thai wife who has a Green Card, but they live over here, and visit the U.S. once a year for a month in order to keep the Green Card alive. After several years the U.S. Immigration folks at Port of Entry pointed out that she's doing this which isn't the purpose of being a U.S. PRA, PERMANENT Resident Alien, and threatened to cancel the Card.

So, if your child needs medical treatment or evaluation in the U.S. for just a few months, I'd suggest sticking with the Tourist status. If it looks like extending beyond the initial six months, do an Extension of the TR. If it looks then like you'll all stay in the U.S., not be returning to Thailand except for visits, then by all means, go for the Adjustment of Status.

Mac

[nkped]

Congratulations on getting the nonimmigrant visa. She will be asked questions by the CBP officer at the airport when she arrives. You do not want to be suggesting that she is considering asking for adjustment of status while she is in the U.S. That could result in her being put on the next plane returning to the place your in-bound flight left from and losing the visa because she is not a legitimate nonimmigrant at that point. As others have said, it is possible to extend the period of stay authorized at entry.

[Thanyaburi Mac]

Here's an earlier thread on the subject of Adjustment of Status

Mac

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Thanyaburi Mac

Posted Today, 06:50, 25 May 2012

"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

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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.

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http://www.peerallylaw.com/en/content/view/562/

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

By: Hasan Abdullah, Esq.

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 fianc 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.

[more at the url]

[UncleE]

I have a similar situation except that I'm not married to my second Thai wife. It was tough getting her the B1/B2. She got turned down twice before I got smart and found an American immigration lawyer in BKK who charges reasonable prices. I know you can do what you need to do, but it'll be tough and you'll need help. Try asking her, Cathy Tran Reck, http://www.ctrlegal.com. I wouldn't do it any other way or you can screw yourself (actually I should say your wife's / family future options). Good Luck

[screwit]

Com on.... Paying someone will not increase your chance.

People pay just to file.

You can file and explain everything by yourself.

Tourist is for tourism. Not going to hospital to visit a kid.

You can by example visit the golden bridge, liberty statue, visit a friend...

See what I mean?

What you need is a special visa to accompany a kid in hospital. best way is to ask the bkk embassy in person.

[Thanyaburi Mac]

Screwit

FYI, there ain't no special visa for visiting or accompanying a sick kid, the Thai wife'd just get the normal B1/B2 visa, simple as that:

http://bangkok.usembassy.gov/niv_visa_classification.html

B-1/B-2: The visitor visa, which is issued to aliens for several purposes:

B-2: For tourism, visit to friends and relatives, medical treatment, and amateur/unpaid participants in cultural or sports events

B-1: For general business purposes (meetings, short-term training, etc)

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Mac

[screwit]

In this case there is no problem to extend it. I think it costs 250$ for 6 months extension. You will have a good excuse.

Edited October 2, 2012 by screwit

[dighambara]

Thanks for the info. I checked out their website. Looks like I can change her status at anytime she is here and for no particular reason. Up 2 U is what I'm getting from the text.

http://www.uscis.gov...000082ca60aRCRD

Adjustment of Status

The Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

From this description, this sounds easier than getting a residence visa for a Thai wife, as, from the Embassy, I understood the application process to be 6 months long. Two days to get a visitors visa with multiple entry and then work out the details in the US, sounds like the way to go. My daughters need to become acclamitized to the US and coloquialize their English skills so this was good advice.

[kdc1899]

Thanks for the info. I checked out their website. Looks like I can change her status at anytime she is here and for no particular reason. Up 2 U is what I'm getting from the text.

http://www.uscis.gov...000082ca60aRCRD

Adjustment of Status

The Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

From this description, this sounds easier than getting a residence visa for a Thai wife, as, from the Embassy, I understood the application process to be 6 months long. Two days to get a visitors visa with multiple entry and then work out the details in the US, sounds like the way to go. My daughters need to become acclamitized to the US and coloquialize their English skills so this was good advice.

We got lucky on the tourist visa process. I remember researching the thing actually took longer than the process. Got through with the phone call on the first ring. Scheduled for the next appointment (3 months away) and then once you have an appointment confirmation you just request a walk in type of deal. Got the email from them the next day giving her an appointment the following day. She was interviewed for 6 minutes. They asked her nothing of why she wanted to holiday in The States or if she planned on coming back to Thailand. The very next day we picked up her Thai passport. In it was a shiny new B? with a M. Don't forget to cancel the original appointment B4 you arrive at the embassy.

Are your daughters biological? If so, they should have passports from your home country (?) Y would ya need a tourist visa for them?

I think the K visa can take 9 months even if you have been married over the 2 years. I may still be going to afganistan so it's pointless to start an unnecessary process. The USCIS offers 2 methods for getting the green card type of visa. 1 method is waiting in the home country for 7 - 9 months and the other method is to adjust your status while in The States.

" The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing. "

[screwit]

Yes but if they discover you try to go usa on a tourist visa then adjust to immigrant while in USA. They will ask you to take the next flight after staying a few hours in their "second and third inspection" room....

Edited October 5, 2012 by screwit