Visa To The Us For My Thai Wife

[BigA]

I am a highly qualified, employed professional person. I have been married for more than 1 year. But have been with the same lady for three years. we have a nearly 2 year old daughter who has already been certified as a US citizen and is a holder of a US passport. I relocated my daughter to the US already in June. I have been on a long term Non-imm B visa for the past 3 years and have work permit for that period as well. I am still under contract with my Thai employer for another year. My wife has my farang last name on her pasport and ID card. I have a US address.

What are my best Visa options on getting my Thai wife to the US?

Either a visit or long term is acceptable.

Edited July 27, 2006 by BigA

[jing jing]

The only two options in your situation that I'm aware of are either a tourist visa or a spousal visa. A tourist visa is difficult to get because the burden is on the applicant to prove that she is not planning to immigrate -- in effect she is being asked to prove a negative. A spousal visa is not difficult in terms of the requirements to qualify, but is much more time and paperwork intensive than the tourist visa. It sounds as though your wife may be a candidate for a tourist visa, which is generally valid for 10 years and allows her to stay for 6 months at a time. I suggest a visit to the US embassy in Thailand and US immigration websites for more information if you haven't already been there.

My wife has gotten both types of visas before so if you run into problems feel free to hit me up with any questions that arise.

[BigA]

The only two options in your situation that I'm aware of are either a tourist visa or a spousal visa. A tourist visa is difficult to get because the burden is on the applicant to prove that she is not planning to immigrate -- in effect she is being asked to prove a negative. A spousal visa is not difficult in terms of the requirements to qualify, but is much more time and paperwork intensive than the tourist visa. It sounds as though your wife may be a candidate for a tourist visa, which is generally valid for 10 years and allows her to stay for 6 months at a time. I suggest a visit to the US embassy in Thailand and US immigration websites for more information if you haven't already been there.

My wife has gotten both types of visas before so if you run into problems feel free to hit me up with any questions that arise.

Right on Brother! Thanks for the good info, I've been to the said sites already.

I guess we could say we were travelling to the US to vist my family and bring our daughter back here at the conclusion of the visit. Maybe the tourist visa is an option.

[lopburi3]

With you daughter already re located in the US and from your post information (I very much sounds as if this is going to be a permeate move) I would have to recommend you apply for an immigrant visa now. You can do so here in Thailand so there will not be the normal extended delay and the documentation will be much easier than trying to do later.

Even with your year to go I would have serious heartburn trying to believe your wife intended to return to Thailand for the tourist visa application but it would probably be hard to refuse. So if she intends to return with daughter by all means try (you can always change later). But if you really intend to immigrate why not do it now?

[peterjackson]

Hey

If you are successful in being granted the Tourist Visa, which has been stated correctly, will be valid for 10 years, it is at the discretion of the Immigration Agent at the Port of Entry in the USA, how long you will be granted admission for. It used to be the case up and until 2004 that a 6 month 'entry stamp' was granted. Now, it is standard practice for the Entry Stamp to be for a maximum of 90 days.

The Immigration Agent, may at their discretion give a longer Entry Stamp, but in recent times, this has only been in cases where the Return Travel Ticket is for a period longer than the 90 Day 'standard' entry stamp.

Once in the USA, you can apply for Adjustment of Status & Extension of Stay. As long as you apply for this before the expiration date in the passport, you can stay in the USA until a decision is made on the application, even if the answer to the application is not received by you for several months after the date in the passport has expired.

Kind regards

Peter

[thaihome]

I agree with Lopburi. Even though with you working here your wife could easily get the tourist visa, there is always the chance that it would be refused due to suspicion on intent to stay. I know of 2 people that have recently got tourist visa for their wives and both time the interviewer asked why they were not applying for the immigrant visa. Both individuals have no intention of returning to the US, but the interviewer seemed to struggle with that concept.

Besides, the immigrant visa is easily obtainable in Bangkok, at least when compared to doing it from within the US. If, upon entry, your have been married more then 2 years, your wife will be given an unconditional green card, which means she does not have to apply for advanced parole to travel.

TH

[BigA]

Thanks for all the valuable feedback. My first inclination would be to go for the Tourist visa and go for the immigrant if we were turned down. I would rather get there sooner rather than later.

[Thanyaburi Mac]

Hey

If you are successful in being granted the Tourist Visa, which has been stated correctly, will be valid for 10 years, it is at the discretion of the Immigration Agent at the Port of Entry in the USA, how long you will be granted admission for. It used to be the case up and until 2004 that a 6 month 'entry stamp' was granted. Now, it is standard practice for the Entry Stamp to be for a maximum of 90 days.

The Immigration Agent, may at their discretion give a longer Entry Stamp, but in recent times, this has only been in cases where the Return Travel Ticket is for a period longer than the 90 Day 'standard' entry stamp.

Once in the USA, you can apply for Adjustment of Status & Extension of Stay. As long as you apply for this before the expiration date in the passport, you can stay in the USA until a decision is made on the application, even if the answer to the application is not received by you for several months after the date in the passport has expired.

Kind regards

Peter

Peter

Not the best advice. While applying for an Admustment of Status in the U.S. from a B-1/B-2 visa (tourist/business) is NOT against the law, it is frowned upon. The INS, now CIS, will send a notice back to the Consulate that issued the tourist visa that "here's another one that beat the system."

The "system" for immigrating to the U.S. is to apply for an immigrant visa, as noted, may take some time and lots of paperwork, which is why many people try to beat the system and initially go for the tourist visa. Makes it more difficult for legit couples coming along later who really do intend to return, not immigrate at this time.

My Thai wife initially had a one time tourist visa in 1992. We went again in 1993 or '94, another one time visa. 1995 she got a 10-year touist visa. Been to the States several times since, last time was 1995. Visa expired and February this year back down to the Consulate for a new visa. I was pretty politely grilled by the ConOff about my status in Thailand, he wanted to be sure that I was staying, thus making it more probably that the wife would return. My several years of 90-day shuffles then the last eight years of one-year retirement extensions satisfied him, and she got a new 10-year visa.

In the case under discussion now I could see where it could be sort of iffy for a tourist visa, given that the husband's employment here is only for one more year, and that the daughter is already in the U.S. What's the plan next summer? Immigrate? I any case, if he does apply for a tourist visa for his wife, please don't get upset with the ConOff for "not believing you" as they've been through the mill before.

Mac, retired U.S. Foreign Service, but NOT a State visa-stamper; USAID.

Edited July 30, 2006 by thanyaburimac

[peterjackson]

Hey Mac

I don't know when you where last involved with the USCIS, but since 2003, it is definately NOT the case that any kind of 'beat the system' note is sent to the issuing Consulate for AOS cases where there was a Consular B1 or B2 issued initially.

AOS is now a major route used by immigrants in the USA. One of the determining tests for granting the AOS is the 'good faith' test. If the applicant applies for the AOS after being in the USA for 60 days, the good faith test is passed.

I am not condoning the use of AOS to 'beat the system' or as a preference to Consular Processing, merely informing of it's existence and useage.

Since 1996 when the 're-entry bars' where put in place by the then INS, AOS applications have increased year on year.

Regards

Peter

[bangsaenguy]

The immigrant visa is definitely the way to go. It appears to me that the pompous pricks at the US Embassy enjoy insulting Thais applying for tourist viss.