Thai Wife Visa to America how hard is it?

[flyingsaucersarereal]

Hi there,

I am married to a Thai woman and thinking of possibly living half the year in America and half the year in Thailand.

We have been married for about 1 year already and this would be her first trip to the states.

How difficult is it to get a visa for her to stay in America and what are the wait times expected before receiving the visa?

Should I go through a lawyer for this process in Thailand or can I do this on my own?

Any advice would be appreciated.

Thanks!

Edited August 20, 2014 by flyingsaucersarereal

[Rooo]

Moved to Visas to other countries.

[Ace of Pop]

They are very hard to get,according to my American Friend.Get the application form first before you incur anymore expence.

[maccaroni man]

Apply for a tourist visa is she is approved it will be for anywhere from 5 to 10 years and allows her to stay up to 6 mo's. the fact that you are married and have a good reason to enter the USA helps speed up the process. Once you are in the states seek the help of a good immigration attorney.

[Gumballl]

Seems like the OP would need to have his wife apply for a tourist visa. If the intent is to immigrate to the US, then an I-130 should be filed (more info here: http://www.uscis.gov/i-130).

Note that if the I-130 is applied for, and the spouse is granted a visa, then she is expected that to reside in the US, initially as a Conditional Resident, and then after 2 years (of marriage?), as a Permanent Resident. Living for 6 months in the US, and 6 months in Thailand is not permitted during the CR phase; US immigration officials will probably rescind the visa.

Edited August 21, 2014 by Gumballl

[khwaibah]

They are very hard to get,according to my American Friend.Get the application form first before you incur anymore expence.

BS. My wife applied threw an agent in Chiang Mai for only 2000 baht to cross the T's and dot the eyes. Interview on a wednesday and received her passport back on Friday 3 days with a 10 year multi visa. She needs to show reasons for returning to Thailand but since your married YOU do become a major compiling reason for her returning.

[AaronLV]

It is not difficult to do the paperwork yourself, no need for a lawyer, unless you are not very good at following directions. You can file in Thailand, provided you have been here for 6 months, and not here on non-o visa. I believe filing DCF will take 3 to 6 months, where as filing in the states it will take 6 - 12. I would wait for the 2 year marriage mark before filing though, that way you can get a 10 year GC it will save you an extra step (and money) and not have to worry about being back in the states for an extended period of time.

You won't have to worry about being gone for over 6 months provided she has no intentions of applying for citizenship, but you want to make sure you don't stay out over one year. Even with being out between 6 -12 months they can count the time towards citizenship provided you had a valid reason for staying out.

In your case where you are living in both places 1/2 the year you should have no issues, I know a few people who do this and have never had a problem.

Head over to visajourney there is a lot more information on immigration to the states on that website.

[Ace of Pop]

They are very hard to get,according to my American Friend.Get the application form first before you incur anymore expence.

BS. My wife applied threw an agent in Chiang Mai for only 2000 baht to cross the T's and dot the eyes. Interview on a wednesday and received her passport back on Friday 3 days with a 10 year multi visa. She needs to show reasons for returning to Thailand but since your married YOU do become a major compiling reason for her returning.

Its certainly. not B.S.The reason for her returning to Thailand, is a major stumbling block for the Average Thai. O.K,so you have a good reason for Her to return, many do a Runner, hence the rules.

[keemapoot]

Head over to visajourney there is a lot more information on immigration to the states on that website.

Just tried to connect and my Avast antivirus blocked the site and told me there was a serious virus there. Not sure if that was a false positive or not?

[landslide]

If applying for an immigrant visa, count on 15 to 18 months. My wife's immigrant visa took 16 months, and the intercession of my Congresswoman's staff to clear some of the roadblocks. A tourist visa might be the better way to go.

[AaronLV]

If applying for an immigrant visa, count on 15 to 18 months. My wife's immigrant visa took 16 months, and the intercession of my Congresswoman's staff to clear some of the roadblocks. A tourist visa might be the better way to go.

Average time is about 8 - 10 months for a spousal visa. Some take longer some take less, depends on the person and their situation, if they were missing paperwork, etc, etc, etc. But doing DCF cuts down that time significantly since you are initially dealing with USCIS in Thailand and not the US which has a lot more cases to process.

[daboyz1]

Head over to visajourney there is a lot more information on immigration to the states on that website.

Just tried to connect and my Avast antivirus blocked the site and told me there was a serious virus there. Not sure if that was a false positive or not?

You're the second person from Thaivisa that said they had a virus warning when browsing to VJ. I visit that website multiple times a day and there's no issues with a virus.

[wooloomooloo]

Just tried to connect and my Avast antivirus blocked the site and told me there was a serious virus there. Not sure if that was a false positive or not?

Get an iMac.

[daboyz1]

Head over to visajourney there is a lot more information on immigration to the states on that website.

Just tried to connect and my Avast antivirus blocked the site and told me there was a serious virus there. Not sure if that was a false positive or not?

You're the second person from Thaivisa that said they had a virus warning when browsing to VJ. I visit that website multiple times a day and there's no issues with a virus.

Seems there's a topic on your anti virus issue. Appears you're not the only one. Looks like it's an issue with Avast.

Hi,

I don't know why but recently everytime I try to read some posts here in VJ, my Avast antivirus pops up and tells me it blocked part of the content of the website.

Maybe it's running a script that my antivirus blocks?...

http://www.visajourney.com/forums/topic/510468-virus/

Edited August 23, 2014 by daboyz1

[losgrad]

If you plan on six months or less per visit, then a Tourist Visitor's Visa is probably what you seek. If you plan on spending more time in the USA than in Thailand, then you should probably seek the full immigration status. On the Tourist Visa, YOUR passport will help them determine whether your wife will return to Thailand, i.e. Are you on a work or retirement visa indicating you fully intend to return to Thailand rather than stay in the USA.

They do NOT want you to by-pass the full immigration process by using the faster Tourist Visa process and then remaining in the USA while applying for immigration.

The USA Embassy Website is very thorough in explaining what you need and the experiences of others is helpful in determining your particular situation. After completing the application and preparing all of your background materials, you need to setup an interview. Some (including a friend of mine) have reported difficulty at this step as the appointments are limited, however we did not encounter any problems getting an interview appointment quickly.

Have your wife (you will not be allowed to accompany her) fully prepared with documents (marriage certificate, rental agreements, condo ownership, etc..), pictures (to verify relationship), etc... that she may not be asked for, but with the understanding it could be asked of her. Make a travel itinerary, provide letters of those you plan on visiting, etc... It all adds up to explain and document your particular situation - verifying your relationship and your travel intentions - to visit, not to XYZ.

My wife's interview was fairly short, but she was confident in her answers even when she felt they tried to ask the same questions from a different angle. She was disappointed that all of her 'homework' was not asked of her, but getting her passport back in the mail 3 days later with the 10-year visa was extremely satisfying. Before the interview started, she was given the choice of speaking in Thai or in English. Although, we speak English (or Thinglish , at home, she wanted the interview in her native language.

Do your due diligence - follow the USA Embassy instructions to the letter - prepare and document - organize so she can find things quickly and easily as for some it can be a nerve racking experience - be confident that you are doing things correctly.

Edited August 24, 2014 by losgrad

[khwaibah]

They are very hard to get,according to my American Friend.Get the application form first before you incur anymore expence.

BS. My wife applied threw an agent in Chiang Mai for only 2000 baht to cross the T's and dot the eyes. Interview on a wednesday and received her passport back on Friday 3 days with a 10 year multi visa. She needs to show reasons for returning to Thailand but since your married YOU do become a major compiling reason for her returning.

Its certainly. not B.S.The reason for her returning to Thailand, is a major stumbling block for the Average Thai. O.K,so you have a good reason for Her to return, many do a Runner, hence the rules.

'They are very hard to get,according to my American Friend." How would you know, Third party moan. Reread my post Most refusals are based because the American connection does not show any attachments to Thailand or his Thai partner did not present her case correctly. Say they are hard to get if presented correctly IS utter BS.

[mania]

possibly living half the year in America

If she states it this way to the interviewer she will probably be denied.

Because basically what your looking for is a tourist visa for your wife.

Be sure to say you folks want to visit & of course state solid compelling reasons for your return

to Thailand

If not then as others mentioned they will want you to apply for a immigrant type visa as your claiming a

plan to live there not visit.

If she can get a multi entry/ multi year tourist visa she can make multiple visits for the duration of the visa

Each time at entry she will more than likely be given 6 months stay.

The options to that is while there in the US adjust her status

Which will gain her a 2 green card but it takes a good 12-15 months to get

This adjustment of status is legal only if it was not your intent to do so when you

applied for tourist visa else it is visa fraud

But it is your right to change your mind once in the US for what ever reason

Such as aging parents want you to stay etc.

But realize this....While application for 1st green card is being done she cannot leave the US or it is considered abandoning her application.

Yes there is a waiver you can apply for but it is for an emergency short trip & could still put it all in jeopardy

First green card can take 15 months or even more at times just depends load at time.

Also realize that even with a green card if it looks like your intent is not to be a full time US resident

it can at times be revoked if it looks like your spending as much or more time out of US than in it.

One more option.. if you think you want to do that 6 months here & 6 months there long term is to

bite the bullet & complete the whole US citizenship process which takes

3-4 years total but of course you can visit Thailand for a few months each year

( as long as the Thai visits are not more than time in USA )

After that she will never need a visa to travel anywhere a US citizen can.

Edited August 24, 2014 by mania

[Shot]

They are very hard to get,according to my American Friend.Get the application form first before you incur anymore expence.

Absolute rubbish. I've done 3, all successful with a 10 year B2.

Edited August 24, 2014 by Shot

[Shot]

If you plan on six months or less per visit, then a Tourist Visitor's Visa is probably what you seek. If you plan on spending more time in the USA than in Thailand, then you should probably seek the full immigration status. On the Tourist Visa, YOUR passport will help them determine whether your wife will return to Thailand, i.e. Are you on a work or retirement visa indicating you fully intend to return to Thailand rather than stay in the USA.

They do NOT want you to by-pass the full immigration process by using the faster Tourist Visa process and then remaining in the USA while applying for immigration.

The USA Embassy Website is very thorough in explaining what you need and the experiences of others is helpful in determining your particular situation. After completing the application and preparing all of your background materials, you need to setup an interview. Some (including a friend of mine) have reported difficulty at this step as the appointments are limited, however we did not encounter any problems getting an interview appointment quickly.

Have your wife (you will not be allowed to accompany her) fully prepared with documents (marriage certificate, rental agreements, condo ownership, etc..), pictures (to verify relationship), etc... that she may not be asked for, but with the understanding it could be asked of her. Make a travel itinerary, provide letters of those you plan on visiting, etc... It all adds up to explain and document your particular situation - verifying your relationship and your travel intentions - to visit, not to XYZ.

My wife's interview was fairly short, but she was confident in her answers even when she felt they tried to ask the same questions from a different angle. She was disappointed that all of her 'homework' was not asked of her, but getting her passport back in the mail 3 days later with the 10-year visa was extremely satisfying. Before the interview started, she was given the choice of speaking in Thai or in English. Although, we speak English (or Thinglish , at home, she wanted the interview in her native language.

Do your due diligence - follow the USA Embassy instructions to the letter - prepare and document - organize so she can find things quickly and easily as for some it can be a nerve racking experience - be confident that you are doing things correctly.

Good post and spot on.