Bringing Thai Wife To Usa For 3-6 Months

[430xc]

I am totally new to this process so please be patient with my lack of understanding.

I will be moving from the USA (I am a USA citizen) to Thailand this summer. I plan to get married to my Thai fiancee this fall. We want to stay in Thailand until the summer of 2014, then come back to the USA for 3 to 6 months. After that, go back to Thailand for 9 months. We will probably be wanting to spend 9 months in Thailand and 3 months in the USA each year.

My question is what type of visa does she need to have to make this possible? How long does it take to get the appropriate visa? What are the alternatives that we have? At this point, we are not looking to make the USA her permanent residence.

Advice will be greatly appreciated.

430xc

[flewis25200]

The best will be to apply for a B1/B2 visa. This is a tourist visa and the application needs to be filed at the closest US consulate. She will have to prove that she has non- immigrant intent when she applies for the visa. Generally it shown by the fact that she has a job or business in Thailand and that she has property and other reasons why she will return to Thailand. If the Consul is satisfied that she is a non- immigrant to the U.S. she will be granted a visa. I have an immigration law office in the U.S. which deals complicated US Visa issues. What you describe is a basic B1/B2 visa and you should not need the help of a visa lawyer. Please note that your spouse should not lie on the visa application or during the interview and it will be hard and complicated to reverse the finding of a fraud determination.

[ubonjoe]

The embassy in Bangkok will look more at your ties to Thailand than hers if you are married.

If you have a 1 year extension of stay from immigration that is normally enough to satisfy them. Which you can do if you qualify and still be out of the country for 3 months.

If not then she will need to prove that has a reason to return to Thailand which normally is having a good paying job.

Edited April 7, 2013 by ubonjoe

[430xc]

Thank you for the responses. I have thought about just getting a fiancee visa and marrying when we go to the USA but recent readings have stated that it is taking 6-9 months to get a fiancee visa.

I will be coming to Thailand on a non-immigrant O visa in July or August. I assume I can get that changed to a married visa although I would rather not have to put 400,000 baht in a Thai bank. She will not be working when I come to Thailand but she does own a house, has 2 grown children, a grandchild and lots of other family in Thailand.

How difficult will it be to get a B1/B2 visa and how long can she stay in the USA with that?

430xc

[USNret]

I would agree the B1/B2 is the best choice. Also suggest you get married as soon as possible. Applying for her tourist visa just weeks after getting married would raise a red flag (i.e., "marriage of convenience" for the sake of getting to the states.)

Getting the tourist visa is quick; the longest part is learning the rules & collecting whatever evidence you want to submit. You will probably find out the result the day of her embassy visit, and get the visa stamped in her passport a few days later by mail.

Other suggestions... If she does not already have a record of international travel, plan on taking a few trips abroad before applying for the U.S. visa. Having a few stamps in her passport from other countries carries weight with U.S. immigration authorities. Suggestions: Singapore, Maldives, Korea, Philippines, Hong Kong (none of them require visa for a Thai citizen and can be done cheaply if you find a good discount.) I'm not sure if Laos and other neighboring countries would carry the same weight.

In our case, my wife applied for her first tourist visa about 6 months after we got married. I was working in Thailand as a missionary, so we included in our evidence letters from our church & support organizations of our ongoing work in Thailand. The adjudicating official expressed some hesitation, but said he would grant a 60-day tourist visa "this time" and would give her a longer one the next time she applied.

When we got to the States, the immigration official saw the 60-day visa, said "That's ridiculous" and gave her approval for a 6-month stay. Don't forget, the immigration agent at your point of entry can make any decision they want: Longer stay, shorter stay, or deny entry completely. In our case, he granted a longer stay.

Despite that, we limited our first visit to 50 days to show our spirit of complying with the rules. Her 2nd tourist visa, she was granted a one-year, multiple entry visa which she used twice. One of those stays was nearly 6 months, which you should not exceed.

Now she has a 5-year multi-entry visa and we're finally working on her immigrant visa as I no longer work abroad. She should be getting her interview at the U.S. embassy in Bangkok in a few weeks.

[bostonboy]

I would agree the B1/B2 is the best choice. Also suggest you get married as soon as possible. Applying for her tourist visa just weeks after getting married would raise a red flag (i.e., "marriage of convenience" for the sake of getting to the states.)

Getting the tourist visa is quick; the longest part is learning the rules & collecting whatever evidence you want to submit. You will probably find out the result the day of her embassy visit, and get the visa stamped in her passport a few days later by mail.

Other suggestions... If she does not already have a record of international travel, plan on taking a few trips abroad before applying for the U.S. visa. Having a few stamps in her passport from other countries carries weight with U.S. immigration authorities. Suggestions: Singapore, Maldives, Korea, Philippines, Hong Kong (none of them require visa for a Thai citizen and can be done cheaply if you find a good discount.) I'm not sure if Laos and other neighboring countries would carry the same weight.

In our case, my wife applied for her first tourist visa about 6 months after we got married. I was working in Thailand as a missionary, so we included in our evidence letters from our church & support organizations of our ongoing work in Thailand. The adjudicating official expressed some hesitation, but said he would grant a 60-day tourist visa "this time" and would give her a longer one the next time she applied.

When we got to the States, the immigration official saw the 60-day visa, said "That's ridiculous" and gave her approval for a 6-month stay. Don't forget, the immigration agent at your point of entry can make any decision they want: Longer stay, shorter stay, or deny entry completely. In our case, he granted a longer stay.

Despite that, we limited our first visit to 50 days to show our spirit of complying with the rules. Her 2nd tourist visa, she was granted a one-year, multiple entry visa which she used twice. One of those stays was nearly 6 months, which you should not exceed.

Now she has a 5-year multi-entry visa and we're finally working on her immigrant visa as I no longer work abroad. She should be getting her interview at the U.S. embassy in Bangkok in a few weeks.

it is weird how different consulates/embassies give different type of lengths

my wife received her US visitors visa at US Consulate in Vancouver and she got a 10yr multi-entry

and it seems that is all they give out because that is what all her thai friends in Vancouver have received from there also

[USNret]

it is weird how different consulates/embassies give different type of lengths

my wife received her US visitors visa at US Consulate in Vancouver and she got a 10yr multi-entry

and it seems that is all they give out because that is what all her thai friends in Vancouver have received from there also

I would guess that Thais who live in Thailand are treated differently than Thais who live elsewhere around the world. As I mentioned earlier in my post, having a record of international travel goes a long way with the U.S. immigration. Even more so for a Thai who has been granted legal residence in another country. There is little reason to fear that they would go "underground" illegally in the States when they can already live legally in Canada.

In my wife's case, she had not been overseas anywhere at that point. Young, sweet & innocent; just the type of lady that the U.S. tries to keep outside their borders.

[SunSeek01]

You can checkout Visa Journey website about visa's the the US. I've never heard of any but the most privileged of Thais getting a tourist visa but I don't know all that many who have come to the US. A student visa yes, but getting a tourist visa is far more difficult but it sounds from the other posters like it is not impossible.

[isawasnake]

I would agree the B1/B2 is the best choice. Also suggest you get married as soon as possible. Applying for her tourist visa just weeks after getting married would raise a red flag (i.e., "marriage of convenience" for the sake of getting to the states.)

Getting the tourist visa is quick; the longest part is learning the rules & collecting whatever evidence you want to submit. You will probably find out the result the day of her embassy visit, and get the visa stamped in her passport a few days later by mail.

Other suggestions... If she does not already have a record of international travel, plan on taking a few trips abroad before applying for the U.S. visa. Having a few stamps in her passport from other countries carries weight with U.S. immigration authorities. Suggestions: Singapore, Maldives, Korea, Philippines, Hong Kong (none of them require visa for a Thai citizen and can be done cheaply if you find a good discount.) I'm not sure if Laos and other neighboring countries would carry the same weight.

In our case, my wife applied for her first tourist visa about 6 months after we got married. I was working in Thailand as a missionary, so we included in our evidence letters from our church & support organizations of our ongoing work in Thailand. The adjudicating official expressed some hesitation, but said he would grant a 60-day tourist visa "this time" and would give her a longer one the next time she applied.

When we got to the States, the immigration official saw the 60-day visa, said "That's ridiculous" and gave her approval for a 6-month stay. Don't forget, the immigration agent at your point of entry can make any decision they want: Longer stay, shorter stay, or deny entry completely. In our case, he granted a longer stay.

Despite that, we limited our first visit to 50 days to show our spirit of complying with the rules. Her 2nd tourist visa, she was granted a one-year, multiple entry visa which she used twice. One of those stays was nearly 6 months, which you should not exceed.

Now she has a 5-year multi-entry visa and we're finally working on her immigrant visa as I no longer work abroad. She should be getting her interview at the U.S. embassy in Bangkok in a few weeks.

This was very helpful to me, and makes a lot of sense too. Initially, I was planning on trying to get my wife to stay long term for her first trip. I don't think that would work for her though, OR for the US officials. The process you followed seems to go in steps, whereby you are building trust in a way, and things get easier. This seems better for both sides, in my case anyway. Thanks for your input.

[bostonboy]

it is weird how different consulates/embassies give different type of lengths

my wife received her US visitors visa at US Consulate in Vancouver and she got a 10yr multi-entry

and it seems that is all they give out because that is what all her thai friends in Vancouver have received from there also

I would guess that Thais who live in Thailand are treated differently than Thais who live elsewhere around the world. As I mentioned earlier in my post, having a record of international travel goes a long way with the U.S. immigration. Even more so for a Thai who has been granted legal residence in another country. There is little reason to fear that they would go "underground" illegally in the States when they can already live legally in Canada.

In my wife's case, she had not been overseas anywhere at that point. Young, sweet & innocent; just the type of lady that the U.S. tries to keep outside their borders.

it is weird how different consulates/embassies give different type of lengths

my wife received her US visitors visa at US Consulate in Vancouver and she got a 10yr multi-entry

and it seems that is all they give out because that is what all her thai friends in Vancouver have received from there also

I would guess that Thais who live in Thailand are treated differently than Thais who live elsewhere around the world. As I mentioned earlier in my post, having a record of international travel goes a long way with the U.S. immigration. Even more so for a Thai who has been granted legal residence in another country. There is little reason to fear that they would go "underground" illegally in the States when they can already live legally in Canada.

In my wife's case, she had not been overseas anywhere at that point. Young, sweet & innocent; just the type of lady that the U.S. tries to keep outside their borders.

in my wife's case she was denied a b1/b2 when she was just on a tourist visa to Canada

she was granted a b1/b2 once she was here on a work permit

funny enough, she said the interviewer seemed to be a Thai enthusiast and tried to conduct her interview in Thai

but since his Thai was awful, my wife politely asked if they could conduct the interview in English 555

but my point was it almost seems they only issue 10yr multiples out of Vancouver

when we applied, we stated it was to visit Boston for 2 weeks for upcoming Xmas and she got the 10yr, as all her friends have

[430xc]

Is it possible to to a "Direct Consular Filing" in Bangkok since we will be living in Thailand. I do own a house in the USA and plan to return there for some temporary employment on a yearly basis. I am rather unsure about the tourist visa option at this point since she does not have a job right now. She does own a home, has grown kids and a grandchild and lots of other family in Thailand.

I was reading that Direct Consular Filing may only take 3 months to complete. If she does get this visa, does she need to stay in the USA for any certain amount of time per year or can she live in Thailand most of the year?

I am trying to do as much research well ahead of time so I can maximize my options.

430xc

[daboyz1]

Is it possible to to a "Direct Consular Filing" in Bangkok since we will be living in Thailand. I do own a house in the USA and plan to return there for some temporary employment on a yearly basis. I am rather unsure about the tourist visa option at this point since she does not have a job right now. She does own a home, has grown kids and a grandchild and lots of other family in Thailand.

I was reading that Direct Consular Filing may only take 3 months to complete. If she does get this visa, does she need to stay in the USA for any certain amount of time per year or can she live in Thailand most of the year?

I am trying to do as much research well ahead of time so I can maximize my options.

430xc

If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

[430xc]

Is it possible to to a "Direct Consular Filing" in Bangkok since we will be living in Thailand. I do own a house in the USA and plan to return there for some temporary employment on a yearly basis. I am rather unsure about the tourist visa option at this point since she does not have a job right now. She does own a home, has grown kids and a grandchild and lots of other family in Thailand.

I was reading that Direct Consular Filing may only take 3 months to complete. If she does get this visa, does she need to stay in the USA for any certain amount of time per year or can she live in Thailand most of the year?

I am trying to do as much research well ahead of time so I can maximize my options.

430xc

If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

Thank you daboyz1. I am not very experienced yet and need all the information I can get. Perhaps a tourist visa is the only real way for my lady to come to the USA. I want to play by the rules for sure.

430xc

[USNret]

If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

This is exactly why my wife got a series of 3 different tourist visas. First we lived in Thailand, then in Japan. People kept asking why don't we get her a green card instead of this steady succession of tourist visas? The answer, of course, was that we would have had to give up the expat life once her immigrant visa was approved, and we weren't ready for that.

Now we are, and my understanding is that she can apply for U.S. citizenship 3 years after she enters as a permanent resident. The 3 years will go quickly, then we can travel worldwide much easier, she'll keep her Thai passport and we can live in either country as the spirit moves us. At least, that's the plan.

[daboyz1]

If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

Now we are, and my understanding is that she can apply for U.S. citizenship 3 years after she enters as a permanent resident. The 3 years will go quickly, then we can travel worldwide much easier, she'll keep her Thai passport and we can live in either country as the spirit moves us. At least, that's the plan.

Actually, you can apply for citizenship 2 years and 9 months from the date on the green card. Although, she will need to have 3 years of permanent residency before she takes the actual oath. It runs around 3-5 months from filing to the oath ceremony anyway. My wife was lucky and had her oath ceremony right at about 3.5 months after filing. It rarely happens that fast after filing.

Also, once you obtain U.S. citizenship, you can come and go as you please. There are no residency requirements.

Edited April 9, 2013 by daboyz1

[bostonboy]

If you go the direct consular filing route, that is for an immigrant visa, meaning she will be required to live in the U.S. She will be able to travel back and forth to Thailand, but keep in mind long stays of 6-12 months outside of the U.S. MAY be considered abandoning U.S. residency. A stay outside of the U.S. for 1 year or more without a re-entry permit will be considered abandonment of her U.S. permanent resident status.

The point is, don't try to use the resident visa as a way to live in Thailand and travel to the U.S. on a regular basis. It is for living in the U.S. permanently.

This is exactly why my wife got a series of 3 different tourist visas. First we lived in Thailand, then in Japan. People kept asking why don't we get her a green card instead of this steady succession of tourist visas? The answer, of course, was that we would have had to give up the expat life once her immigrant visa was approved, and we weren't ready for that.

Now we are, and my understanding is that she can apply for U.S. citizenship 3 years after she enters as a permanent resident. The 3 years will go quickly, then we can travel worldwide much easier, she'll keep her Thai passport and we can live in either country as the spirit moves us. At least, that's the plan.

we are similar to you guys

i am a US expat in Canada, we both live here on work permits( she gets one under mine) and applying for PR in Canada

she also has a 10yr multiple entry tourist visa

i think all that is fine for us to travel

with her Thai passports and current visas she can travel visa free to most Asian countries, US of course, a good portion of Latin America

we went to Japan Consulate in Vancouver and they gave us a pretty positive feedback on her getting a tourist visa to Japan when we want to visit

only place we'd have to look into is Europe but i am thinking with her previous/travel, work commitments in Canada, she would get a visa