No Visa Is Right For Us ~ Visa To U.s For Thai Partner ?

[jaiyen17]

Really feeling like no U.S Visa is right for us and am really in great need of some guidance from the vast pool of knowledge here on Thai Visa.

Some Backround:

About Me:

1. U.S citizen ~ Female ~ 47 yrs. old

2. Self Employed Owner of well established small retail store 10 years in California (Lake Tahoe) specializing in South East Asian Handicrafts/Clothing ~ do a lot of my purchasing here in Thailand.

3. Have been traveling to Thailand for 14 years on Multi Entry tourist visa ~ 2 trips a year = 5 months at my home in Thailand ~ 7 months at the shop in America.

4. Passports showing this ~ have been doing the same thing for 10 years plus now.

5. Have rented the same home in Nonthaburi for 10 years ~ good relationship with Thai owners/neighbors….no Tambien Ban but I'm sure she'd be more than happy to write a nice letter. Now have lived in the house with my Thai boyfriend for 2 years.

6. I can show enough income to qualify for K1 or CR1 visa ~ but we feel very limited by the demands of a green card and maintaining his status as we feel we could commit to him being in the U.S 3 - 4 months a year but not the required 6. We need him in Bangkok for my business, maintaining our home, ability to be close to his daughter and parents if needed (they are aging) and really only need the tourist visa. He will most likely not qualify for a U.S tourist visa unless he is very, very lucky (people do love him but it's a long shot!) . He would have a better chance qualifying for the P1/P3 performers visa. Please read below about him:

Boyfriend:

1. Mai is one of Thailands most talented balloon artists. "Mai Balloons Thailand" He is seen often in the newspapers and TV and has had international media exposure. He gets a lot of work doing events, and is completely self sufficient. He supports his Mom, Dad & 13 yr old Daughter who live in Chiang Rai 100% from the money that comes in from his balloon art.. So, he is a self employed artist who owns nothing of value (no home, land, car). Not a win/ win situation for the U.S Tourist Visa. We met on a volunteer childrens circus project on the Thai/ Burmese border working with Migrant Schools and Refuge Camps called Spark Circus! in 2010. I am also a performer, but as a hobby :.) www.sparkcircus.org

2. Mai has sole custody of his daughter Jam. Has never had an ounce of help from his x- wife supporting her. She (daughter) lives with his parents and attends a good school which he pays for in Chiang Khong. He works to send money for the family. He would like to visit the U.S but is very happy here in Thailand and really doesn't want to be too far away from a 13 yr. old daughter for too long.

3. He also works on all the re-orders for my retail store Jai Yen. I come to Thailand sample buy and place orders and then he ships to me through our Tahoe high season and handles all our re-orders. We have a boatload of paperwork for the business for buying and shipping but we don't have it registered in anyway….too small to deal with all the "company" paperwork and $$ it takes in Thailand. Really he is a "Buying agent" and there's no need to really register that in Thailand. It's more of a self-employed small business situation. I also have an online business that was quite busy this year and we really needed one of us to be in Thailand to handle quality control and re-orders ~ so that's his second "small business"

So…. what the heck do we do to get him to the U.S for a visit? We'd love for him to be able to come every year for July, Aug, Sept. and come back to Thailand with me in Oct. Just don't think he's ever going to qualify for a Tourist Visa ~

Does anyone have experience with the P1/P3 Performers/ Entertainers Visa?

I organize a festival every year called the Lake Tahoe Flow Arts Festival (it is getting quite large/ has chamber of commerce grants etc.) I could try to "sponsor" him or "invite him" whatever it is an entity needs to do to bring a person in on a P1/P3. Just seems that their is nothing culturally relevant about "Balloon Art" so thinking that too is very much a "long shot". But would love to hear from anyone on Thai Visa who has had experience with P1/P3's for individual artists/ entertainers. Haven't been able to get very deep information on the web from my hours of research.

We could definitely get married. But haven't wanted to do that yet as I know in some ways that could make other visas a lot more difficult. "tourist, P1,P3"

The K1 (almost had the paperwork done then decided against it) seems almost out of the question because of his 8 month wait in America for the green card. We can't take that on right now. Neither of us can stay in the U.S that long or my business will suffer greatly.

Marriage here to CR1 seems like the only option but then we're still dealing with trying to hold onto a green card we never wanted in the first place. 6 months in the u.S each year is a big commitment.

So… is there truly no visitor visa for a Thai spouse married to a U.S citizen that does not reside in Thailand? All of my residency / Work ties are to the U.S. I see through my research that they usually only give visas to spouses of U.S citizens who can show that their spouses are permanently residing in Thailand. That is not me. Yes I rent a home here year round but it is my second home…. not my primary residence.

Feeling like we're falling through the cracks here. There isn't a Visa that will work for us and it's really driving me crazy. Been studying this shit for so many years and it's always so frustrating for me. We need to do something this year!!!

I should mention that I know so much about all these visas because this is my second relationship with a Thai partner over the 12 years I've been coming here. Before I was a Canadian living in the U.S. That was an impossible situation…and the relationship eventually ended.at least I have my U.S passport now so I have a chance this time. Don't want to wait too long again…. :.(

Anyone have any ideas for us? I'm so tired of not sharing the other half of my life with him and really need to see some light on the horizon.

Please help…. it will be so appreciated!!

[krisb]

Hi, although im Australian so cant suggest visas for you guys, cant you ring the appropriate embassy?

perhaps tourist visa?

Edited October 15, 2012 by krisb

[jaiyen17]

Thanks anyway krisb ~ I don't think "ringing" the embassey would get me anywhere except more frustrated. Asking the experts here on Thai Visa will get me a lot further....you watch. I've learned from experience over the years ~ this forum works!!! Has seriously saved me many times

[krisb]

Thanks anyway krisb ~ I don't think "ringing" the embassey would get me anywhere except more frustrated. Asking the experts here on Thai Visa will get me a lot further....you watch. I've learned from experience over the years ~ this forum works!!! Has seriously saved me many times

Haha, yes I agree with TV experts! The thing with the Aussie embassy or Dept. Immigration is they dont help albeit unless you ask the question they wont answer it.

End of day, its you and partners life, there is surely a visa for you guys, wish I could help.

All the best guys!

[Thanyaburi Mac]

Agree, don't bother with a phone call to the Embassy's visa section, they don't really advise people on visas except to say, just apply.

I think you should go for a B1/B2 visa.

You'd need to prepare a SHORT cover letter he could take to the interview briefly explaining your travels, and residence in Thailand for XXX months of the year. Do you have a lease on your place? If so, include it with application. Also include your current passport, and expired passport(s), even Canadian, that reflect your travels to Thailand each year.

Hmmm, might even include a table showing your year-by-year periods of stay here.

Altho you are, indeed, resident in the U.S., the inference will be, hopefully, that you'll continue your buying trips back to Thailand. And, you need your business partner here to follow up on purchases and shipping and associated problems with the business.

Might work. The interviewing ConOff might approve a single entry visa at first, just to see if your partner does return to Thailand. That's what they did for my wife, then not married, two of those single entries visas and 3rd application, a 10-year multiple.

Mac

[bangkokburning]

Easy really...If you are getting married in usa - k visa. Already married, you w/ O visa - cr1. Without getting exotic - leaves you with b1/2.

Most of us applying the B route live here. Our names are on the apps, our loved ones toting our visas but most importantly, we are here sharing lives.

Now having said that, all sorts of dopey guys still manage a few k visas for Internet and holiday brides— so hell, I think you have a better chance than that.

**Schedule his interview while you are in Thailand, give him you pp along with a half page letter. Like Mac said keep it short not like your op :-)

Have all the docs togethet that will support his return. Work guarantee, land-house his name, kids birth certs, vehicle titles, loans...

Good luck

PS he may have issues coming into usa without you as well

PPSI would make nomention of any work in usa gratis, charity or otherwise. He is just coming to fill your hollow heart until you get a break and both can return to Thailand.

Edited October 15, 2012 by bangkokburning

[jaiyen17]

Agree, don't bother with a phone call to the Embassy's visa section, they don't really advise people on visas except to say, just apply.

I think you should go for a B1/B2 visa.

You'd need to prepare a SHORT cover letter he could take to the interview briefly explaining your travels, and residence in Thailand for XXX months of the year. Do you have a lease on your place? If so, include it with application. Also include your current passport, and expired passport(s), even Canadian, that reflect your travels to Thailand each year.

Hmmm, might even include a table showing your year-by-year periods of stay here.

Altho you are, indeed, resident in the U.S., the inference will be, hopefully, that you'll continue your buying trips back to Thailand. And, you need your business partner here to follow up on purchases and shipping and associated problems with the business.

Might work. The interviewing ConOff might approve a single entry visa at first, just to see if your partner does return to Thailand. That's what they did for my wife, then not married, two of those single entries visas and 3rd application, a 10-year multiple.

Mac

That's encouraging that you think a path like this could possibly work Mac :.) Would it in that case be the B1 or the B2. It's interesting reccommending that he discuss our established relationship because I would think normally that would work against him with the tourist visa. Just to clarify you think we should apply with him as my boyfriend/ not husband using the business as the potential reason to go and learn and meet my family and you really think we have a chance? Do you think that showing evidence of my shop, website, shipping history could possibly be enough or is there some kind of small business registration we should do for him as a buying agent. In the U.S it's easy to set up a simple sole proprietorship business but not sure what the equivelent is here in Thailand. One good thing is his bank account has a full two years of pretty decent money transfers....in and out for all the product and shipping. So that's looking pretty good. Curious to hear if others think we may have a chance. Also should the lease have both our names on it.... is my name important as well as his? We need to renew so we can go anyway for the coming year. Any advice helpful at this point.

[jaiyen17]

@ Bangkok Burning. You say "Easy Really" these are our reasons for not wanting a K1 or CR1 which makes it not that "easy" If they would just issue a tourist visa to him after we are married in Thailand that would be easy. He's not looking for achieving permanent resident status yet (green card) as he still needs to be in Thailand for 8 months a year for many reasons I stated in my post.

This is a section of what I said before in case you missed it~

We could definitely get married. But haven't wanted to do that yet as I know in some ways that could make other visas a lot more difficult. "tourist, P1,P3"

The K1 (almost had the paperwork done then decided against it) seems almost out of the question because of his 8 month wait in America for the green card. We can't take that on right now. Neither of us can stay in the U.S that long or my business will suffer greatly.

Marriage here to CR1 seems like the only option but then we're still dealing with trying to hold onto a green card we never wanted in the first place. 6 months in the u.S each year is a big commitment.

So… is there truly no visitor visa for a Thai spouse married to a U.S citizen that does not reside in Thailand? All of my residency / Work ties are to the U.S. I see through my research that they usually only give visas to spouses of U.S citizens who can show that their spouses are permanently residing in Thailand. That is not me. Yes I rent a home here year round but it is my second home…. not my primary residence.

Feeling like we're falling through the cracks here. There isn't a Visa that will work for us and it's really driving me crazy. Been studying this for so many years and it's always so frustrating for me. We need to do something this year!!! Please help

[bangkokburning]

While you are not adressing me, here are my thoughts...

Yes, youd think that him being attached to you is a negative. He might try to modify the visa and stay on circumventing the k and cr process. It is a heavy concern of theirs.

That is where your good name and promise comes in.

BUT...

If he is not attached to you who is he? Some single, broke, balloon dude trying to shank the system and get himself a job at a Chinese restaurant while overstaying his visa for 5yrs.

It's a gamble we all have taken. Far better with us than single, I don't see alternative.

My name was on my gf's app, she held my passport in her interview and the CO did look at it.I did not encl a note. For me it was cut and dry w her. Yes or no. She is ten yr holder.

[bangkokburning]

I mean its easy because its de-facto. Its not a b so must be -c

Don't freak out and overthink it - use the energy and apply :-)

You imo best w K visa if you want to marry. If you have income and cash in bank.

CR has greater benefitz but can take a long time. You can't apply here unlrsd you are in country 6mos on a non-o.

B visa will get him back for ten years, up to six months. Its fast

BUT...if you do marry you may have issues on arrival (will he stay??).

Edited October 15, 2012 by bangkokburning

[bangkokburning]

Yes, you are also correct if you gofor the cr you will have hassles returning to Thailand. We are sizing that up in years to come. In fact, we may apply for cr and the when we move back to Thailand and reapply for B visa.

It sucks but when you have your visa it wont suck so much

PS Not only with CR but K visa you will have to support green card and only way out of that is citizenship.

Edited October 15, 2012 by bangkokburning

[jaiyen17]

@ Bangkok Burning ~ Thank you so much for your time in thinking about my situation. It is so appreciated to have some sound advice. If we could just get the tourist visa I think it would cover us beautifully and then it would probably be best then "not" to get married. Would you reccommend trying a B1 or B2 in our case? With the CR1 it could take a long time...we would marry here and I would be applying from through the states not Thailand. I'm not as concerned about the time it will take more concerned about the green card commitment, and if there is any chance he could get the tourist visa I would want to give that a go. Once in the U.S on a CR1 I believe we would have to firmly commit to him 6 months the U.S a year to maintain the green card until he finally has U.S citizenship...I don't think it's difficult to leave the U.S...just think you have to spend 6 months each year there right? Also I think in case of family emergency in Thailand (ill parents) or something he can apply for a permit to be out longer...I forget the name but know it exists.

Really interesting to me that some of you think we could actually get the B visa with our current situation. It feels really legit to me... I'm here working my ass off half a year and doing a great job of marketing Thailand and it's handicrafts in the U.S where I'm also working very, very hard and I've been doing it for more than a decade & I've got the passport and bank statements and invoices and shipping records to show for it & I definately need his support to do it and it can't be done at all if we both stay in America. Just not exactely sure how to prove that! Thank you for telling me to direct my energy toward getting this visa. I've been spinning on all this for so long....not wanting to go down the wrong path. Problem is by not choosing a path and overthinking it for years I'm not getting anywhere. I figure that if we can't get the B visa then our only chance is to get married....go down the CR1 road and then deal with the green card issues. Any more advice from anyone on how we should go about applying for the B visas in our situation as a joint entity will be interesting. It's also time to renew our lease on the house. Should both our names be on it?

[bangkokburning]

You think too mutt

Just go for the B. Get all notions of marriage, other visas out of your head. Foget getting married for at least three trips t? USA. If that is not possible and you are on the fence about marriage, consider the K or even CR if you can come visit him during the process. But...DONT do the visit visa if you have any notion of adjusting status. That is a big problem. So, make sure its what you want and need and youre not putting a round peg in a square hole for convenience.

Yes, I would say the B is for you and its a 1-2 visit visa. With any marriage visa you will indeed have green card issues if you stsy longer than ? (120 days??). If you are planning half year here in Thailand, youre gonna have problems, at least over time.

He can keep the B after you are married, no problem BUT...there may be issues on arrival as ICE may beleive you may make a play to stay on. This is where all the docs come in agsin and most importantly - a letter from employer. Good job and salary.

Hope this helps. Relax and make some solid decisions about marriage and all its complexities. If you want to do it, go for it but...if you go the B route, then that is your story and life and dont change thst up for a few years imo.

Good luck, Im sure others will have something to say - its TV.

BTW you can ask great technical questions on visajourney.com.

[jaiyen17]

Once heard of a successful Thai business woman who traveled many times a year to the U.S on a B visa. Overtime she met and fell in love with an American man who she married there. She had problems holding onto her B visa and was forced into adjusting status to continue to be allowed into the U.S. Maybe her big mistake was marrying there while on the B!! Why is it they think everyone wants to become U.S citizens ??? Most Thai's I know have no desire to stay out of Thailand. Anyway, I do overthink things ~ but in these cases it's also really good to do your research thoroughly. Unfortunately marriage has become less of a "special thing" to me and more of a "to do or not do to effect visa situations" We plan to be together for a long time... we're a good team. The marriage licence isn't going to effect us much in either country or our commitment to eachother... but it could be the demise of the chance for the B visa.......or his only path to seeing Tahoe, my shop, home and family. So we will get married if we need to and won't if we can get the B. Crazy that that is how unromantic it has become ~ I think we need to have our own "commitment ceremony" that completely excludes all of this government intervention someday :.)

Also please remember for the B visa.... He has no house papers...only a lease in Nonthaburi. He is a self employed balloon artist and works buying and shipping for me while I'm in the U.S. He does have a daughter who he solely supports. But that is his only tie to Thailand. My small business is well established in the U.S with a 10 year track record of 5 months a year in Thailand and a lot of money spent here with Thai business's and lots and lots of shipping. How do we make this stand up for a B visa. Should both of our names be on the house lease in Nonthaburi? Should we have a letter from the owner saying I've rented for 10 yrs? Should we attempt to document the business in Thailand? Letters from suppliers, DHL shipments? Containers? Attendance to Trade Shows? Would pictures of my shop in Tahoe help... or the website? He brings both of my passports...U.S and Canadian to the Visa interview? Really, this is a route I had never considered taking so I'm very glad I posted today. Any more ideas anyone? Still pretty shocked that anyone actually thinks this could work!

[bangkokburning]

All you can do is try. Im sure you will have to help himwith the app.

His financials do sound dire, not much hope there.

Maybe a rethink about marriage but you need to really think about that. Hard.

I would at least work.on making him a employee or a corporation that ships to you so he has a business.

**Yeah, his employment or lack thereof is an issue. I should have glommed on.to this earlier. I thought he was somehow attached to.your business.**

You cannot sponsor a B visa app so makes no difference abt all your business stuff here or usa. Zero all this stuff youve posted about business is meaningless in regard to B visa. Its him, employer, yrs worked there, salary. At interview...letter guarantee job on return, salary from employer. Then the secondary stuff, the glue. The docs showing ownership of x y z.

Maybe if you are serious abt the guy, K visa might be better option or you can try one then a year later the other???

Edited October 15, 2012 by bangkokburning

[bangkokburning]

Sorry, another post...Given his financials I don't have high hopes. That is not to say the B visa is not the better option. If you do marry and it all works out you may very well have issues with staying over four months. So..you) tay four months snd if you get a load of drivel, stay three - he dors have a child here! You also can file psperwork so as not to put the visa at risk as well (annually).Good luck and again - your financials are play almost zero role in a B visa outside the checkbox if he is paying for the trip himself.

While I don't share most of your sentiments I think there is a huge underwhelming feeling of togetherness when confronted with all these logistics. Internationsl marriages have big issues - so if its not 100% about love and being together forever...imo it is hardly worth it.

If I were not with my wife I would be single, let alone married. By choice Id not had a romance for near a decade and 20 years in Asia, never a gf in.Asia. After 3yrs we married because she is it! He better be worth the hassle :- )

Edited October 15, 2012 by bangkokburning

[jaiyen17]

So looks like the "B" visa is losing hope again as I've always thought and the marriage route is probably our only option if he's ever to set foot in the U.S. and yes! I am serious about this man :.) The CR1 is better however as the K1 holds him in the U.S for 8 months with no chances of leaving waiting for the green card. CR1 he gets the green card while waiting here. Question if we were to try and set him up legally here as a "buying agent" here in Thailand which he's been doing for awhile now.... is there a small business license that a Thai can get easily where he could then link it to the bank account that we use for Jai Yen (my shop) money transfers and shipping etc that he draws his commission off of? In the U.S it's a sole proprietorship. In Thailand I heard it was called something like a "'Book Khon Tamada' where personal income is all assumed to be business income from his sole-trader business, and is taxed accordingly? This would be the only way that I could see him showing income. And he does run a fair amount through for the average Thai with his balloon business and lots fo transfers to his family and daughter...but that's small compared to what's run through his account for Jai Yen. Is this possible or worth trying?

[Thanyaburi Mac]

Jaiyen

Did you note this posting about a successful B1/B2 visa??

Mac

[juanellis]

The CR1 is better however as the K1 holds him in the U.S for 8 months with no chances of leaving waiting for the green card.

Not exactly true on the K1 visa. Once married, he can file an I-131 for advanced parole when he submits his adjustment of status. He should receive the advanced parole within a few months. This allows him to travel out of the US before his green card is issued (and return).

[stewsan]

Sometimes we learn from others experience so I'll share mine. But, keep in mind, under the rules of admittance to the USA, there is basically only one very strict requirement. "Is the person at risk of staying the in the USA and not returning to their own country" This is important to keep in mind when you apply for a tourist visa, you cannot guarantee anything, your assets mean nothing. They just have to be satisfied of that one thing.

Soooo, with that in mind, you need to develop a story line, very similar to what you have shared with us, as to why he will return to Thailand. Family being the most important since it's apparent he's not a man if material means.

I moved to Thailand 13 years ago, fell in love and got married. My wife was denied a tourist visa 3 times. Why? well, I found out later that, they thought since we were married, why would she come back. I couldn't apply for a green card since I lived and worked in Asia.

So, I had to develop a truthful storyline that would convince them that I had no intentions of moving back to the usa. I did that, and with a 1 inch stack of papers, my wife of now 2 years, was granted a tourist visa. But, even with a visa in hand, it doesn't guarantee entry. Everytime ( and we practiced this hundreds of times ) she would go to the states, they would try to trick her with questions like, " wouldn't it be nice to move to the USA?" etc.. If she said yes, she would have been put in a holding pen and deported. Thank you america.

Now, after about 30 visits, they leave her alone and just gave her another 10 year tourist visa. During this time, we had a daughter and I've been slack on getting her citizenship etc. The first time I applied for a tourist visa for her, I was accused by the Agent behind the window of child trafficking , Grrrrrrr.

So, all I can say, is if your planning on continuing the business and living in both countries. Like has been mentioned, get your documents together that substantiate your story. It takes a little time and it's relatively easy. Lease, family, work websites, pictures.

Remember the agents have heard it all so be honest and tell them like you have told us, but try to keep it as simple as possible. Good luck!

[Shot]

Everytime ( and we practiced this hundreds of times ) she would go to the states, they would try to trick her with questions like, " wouldn't it be nice to move to the USA?" etc.. If she said yes, she would have been put in a holding pen and deported. Thank you america.

Now, after about 30 visits, they leave her alone and just gave her another 10 year tourist visa. During this time, we had a daughter and I've been slack on getting her citizenship etc. The first time I applied for a tourist visa for her, I was accused by the Agent behind the window of child trafficking , Grrrrrrr.

Hmmmmmmmmmmmmm