Is it possible to get a tourist visa to the USA for my Thai wife? (US citizen living in Chiangmai)

[JeffChiangmai]

I am a US citizen married to a Thai woman. We were married in Thailand last year, and I now live with her in Chiangmai. We intend to live in Thailand together for the foreseeable future.

I have a Thai work permit, we have a lease agreement with both our names on it, and I filed our US taxes jointly using our address in Thailand for 2012.

We want to visit my family in America next year, spend about 5 months in the US, and then come back to Thailand.

Is it possible to get a B2 tourist visa for my wife under these circumstances?

I was told by US immigration in Bangkok that we should apply for a tourist visa instead of a immigrant visa because we do not intend to stay in America long-term.

However, I have read in various places that applications for a B2 visa for the spouse of a US citizen are often automatically denied, before there is any opportunity to present evidence.

My wife was denied a B2 last year, but that was a different situation - I was still living in the US at the time and we were not yet married. However, it was very disconcerting because we put together all the evidence we could think of to prove that she had strong ties to Thailand, but when she got to the interview, the decision had already been made on the basis of her online application form (DS-160) alone.

Also, she has visited the US before - she got a tourist visa in 2006 and spent three months in the US with a group from her university.

If my understanding is correct, to help her case, we need to produce evidence that I - the US citizen - have strong ties to Thailand so that I have to return to Thailand after visiting my family. What kind of evidence would help prove those ties?

Thanks for whatever help you can provide.

[khwaibah]

My wife received her B2 in Chiang Mai so I do have some insight.It is her NOT you that must prove to them why she will return to Thailand. The denial a year ago will have to be overcame. My wife was able to show her business, a car and a house in her name. She was able to show here parents and a son in Thailand. For the interview she had my passport and my bank book with her, yes they looked at the bank book and she was told no problem.. Your stability hear is a factor but as said its her that has to show why she will return not you. Wishing you luck.

[HeijoshinCool]

Yes, your ties do mean something.

A work permit for what?

If you have a steady job, it (logically) increases her chances. Older the history, better the pay, the better the chance.

But then, leaving that "great" job for five months ..... raises questions, yes?

Tax filing is of no help, joint or otherwise. Might even be a flag.

Long-term lease should (logically) help. Paid in advance, in this case, would be (logically) a help.

Barring anything that would disqualify your wife, the marriage visa is a sure bet, but takes longer. Plus there's those pesky vaccinations.

Try the quickie first, if it's a no, get the K3.

[daboyz1]

Try the quickie first, if it's a no, get the K3.

There is no more K-3. IR-1/CR-1 is the only route now for a marriage visa.

[JeffChiangmai]

Thanks for the input.

I work for a US-based non-profit, and my income comes from the US. My work permit is to allow me to do volunteer work with churches and Thai foundations. So that's why I can go back to the US for 5 months as a "home assignment," but my ongoing field assignment is Thailand. My wife is employed by the foundation where I volunteer, but they have no problem giving her a leave of absence for that time. I assume having all of that clearly documented would be important (letters from our employers, etc.).

We were actually in the process of applying for a CR1 when we realized that we'd probably be stuck in the US for a long time, and possibly hindered from living in Thailand again if she got a green card.

We don't own a home or a vehicle (besides a motorcycle) here, but we've been thinking about purchasing something soon anyway. Would having a car payment and/or mortgage in Thailand be helpful for the case? Probably more helpful if it's in her name rather than mine?

[jaiyen17]

Jeff, you and I my friend are in a very similar situation and I call it a "grey area" in the U.S visa choices. No Visa seems right for us. Some backround ~

I've owned a succesful shop in California for 10 years that specializes in Thai Artisan products and I do most of my purchasing here.

My income comes from my retail store, wholesale orders & online sales and it runs without me being there during the shoulder seasons. (high tourst area)

I fly back and forth two times a year and spend about 5 months a year here in Thailand~

I've rented the same home yr. round now for 9 yrs in Nonthaburi.

I met my husband on a volunteer project on the Burmese border in 2010.

We were married last April, 2013.

Together we have grown my business by increasing the number of shipments into the U.S (him handling all the shipping, weekly DHL records as well as him handling all online sales and shipping from Thailand.

He registered a small business in his name here in Thailand to cover his online sales and has had a regular income of a solid amount for almost a year now running through his Thai paypal account and into Kasikorn bank and other large $ transfers coming in from my U.S business to him through Siam Commercial. Our business's are name extensions of eachother and we have a very regular history of cash exchanges between our accounts for purchasing and shipping.

He has a 13 yr old daughter here in Thailand of whom he has sole custody ~ she is in school in his hometown with his parents who he supports. She comes to visit on most Holidays.

I believe it would be easy to get the CR1 visa as I would qualify in the U.S. Problem with that is he can't stay there for 6 months at a time...we need him in Thailand or our business falls apart and he needs to be here for his daughter.

Maximum amount of time he would want to spend in the U.S would be 3 months July - Sept. I always come back in Oct. have for the past 10 yrs. for my holiday purchasing and then again in Jan for spring/summer purchasing. If I don't come back our business falls apart.

So, in a perfect world we would just get him a Tourist Visa. But it seems like we have a slim chance of getting that and almost a worse chance now that we're married.

I am here on a "O" marriage visa. I do not have a Thai work permit as I come here to buy and I don't believe that requires a permit. I spend money supporting Thai Artists then I go home and come back again a few months later. 30+ round trips in my passport now spanning 14 yrs. Mostly tourist visas.

We share a lease on a house that I've rented for 10 yrs. Only have the paper together for this year made recently. The owner is my neighbor and there wasn't any paper on the property for most of those years but I'm sure she would write a nice letter :.) We do not own a car or motorbike.

My father is 75 and unable to travel to Thailand. (My Mom has come and traveled with us 2 times) We really, really want my husband to meet my father, my friends and see the shop in the U.S.

I feel we need to at least try for the B2 visa before we start the CR1 as we'll have a very hard time trying to comply with the green card rules and really don't need one at this point.

I have been searching and searching for the last year for anyone who has a story similar to ours and haven't found anyone. It seems with the increasing ability to work online and the increased ease of running small international business's more people may start falling through these holes in the Visa system.

Any advice from anyone here on Thai Visa would be greatly appreciated. You've all helped me out over the years more times than I can count.

What should we do?

[ubonjoe]

Jeff, you and I my friend are in a very similar situation and I call it a "grey area"  in the U.S visa choices.  No Visa seems right for us.  Some backround ~

 

I've owned a succesful shop in California for 10 years that specializes in Thai Artisan products and I do most of my purchasing here.

My income comes from my retail store, wholesale orders & online sales and it runs without me being there during the shoulder seasons. (high tourst area) 

 

I fly back and forth two times a year and spend about 5 months a year here in Thailand~ 

 

I've rented the same home yr. round now for 9 yrs in Nonthaburi.

 

I met my husband on a volunteer project on the Burmese border in 2010.

 

We were married last April, 2013.

 

Together we have grown my business by increasing the number of shipments into the U.S  (him handling all the shipping, weekly DHL records as well as him handling all online sales and shipping from Thailand.

 

He registered a small business in his name here in Thailand to cover his online sales and has had a regular income of a solid amount for almost a year now running through his Thai paypal account and into Kasikorn bank and other large $ transfers coming in from my U.S business to him through Siam Commercial.     Our business's  are name extensions of eachother and we have a very regular history of  cash exchanges between our accounts for purchasing and shipping. 

 

He has a 13 yr old daughter here in Thailand of whom he has sole custody ~ she is in school in his hometown with his parents who he supports.  She comes to visit on most Holidays.

 

I believe it would be easy to get the CR1 visa as I would qualify in the U.S.   Problem with that is he can't stay there for 6 months at a time...we need him in Thailand or our business falls apart and he needs to be here for his daughter.  

 

Maximum amount of time he would want to spend in the U.S would be 3 months July - Sept.   I always come back in Oct.  have for the past 10 yrs. for my holiday purchasing and then again in Jan for spring/summer purchasing.   If I don't come back our business falls apart.

 

So,  in a perfect world we would just get him a Tourist Visa.   But it seems like we have a slim chance of getting that and almost a worse chance now that we're married.    

 

I am here on a "O" marriage visa.   I do not have a Thai work permit as I come here to buy and I don't believe that requires a permit.  I spend money supporting Thai Artists then I go home and come back again a few months later.  30+ round trips in my passport now spanning 14 yrs.  Mostly tourist visas. 

 

We share a lease on a house that I've rented for 10 yrs.  Only have the paper together for this year made recently.   The owner is my neighbor and there wasn't any paper on the property for most of those years but I'm sure she would write a nice letter :.)  We do not own a car or motorbike.

 

My father is 75 and unable to travel to Thailand.  (My Mom has come and traveled with us 2 times)    We really, really want my husband to meet my father, my friends and see the shop in the U.S.  

 

I feel we need to at least try for the B2 visa before we start the CR1  as we'll have a very hard time trying to comply with the green card rules and really don't need one at this point.  

 

I have been searching and searching for the last year for anyone who has a story similar to ours and haven't found anyone.  It seems with the increasing ability to work online and the increased ease of running small international business's more people may start falling through these holes in the Visa system.

 

Any advice from anyone here on Thai Visa would be greatly appreciated.  You've all helped me out over the years more times than I can count. 

 

What should we do?  

You should definitely try to get to get a B2 visa. I think he should get it without a problem if you submit good documented proof of his business and income. Your O visa (assume it is a multiple entry visa not an extension of stay) will help showing your trips to here.