Wife refused entry to US at airport

[EJK]

Just a simple misunderstanding on your part

As they said you answered wrong oh well. Of it was Thai it would not have been so thoughtful..

Nonetheless your in and you will sort it out

[EJK]

Just a simple misunderstanding on your part

As they said you answered wrong oh well. Of it was Thai it would not have been so thoughtful..

Nonetheless your in and you will sort it out

[TallGuyJohninBKK]

I just brought my Thai wife to the USA on a K-1 VISA.

+ Tourist & Education VISAS are difficult to get and are big "red flags" here in the USA.

+ We were repeatedly warned (and saw thousand times on Internet) NOT to try a Tourist Visa. If they find out she is in a "relationship" she is sent back and can never enter the USA.

I don't understand what you're saying about issues with tourist visas for mixed couples wanting to visit the U.S.

If you're an American citizen living in Thailand, legally married to a Thai citizen, and you want to travel to the U.S. just for a visit, I'd certainly assume the correct visa the Thai wife should seek from the U.S. consulate in BKK would be a tourist visa.

And we could visit the U.S. together, and then when our trip is over, go back to our home in Thailand together.

On the other hand, if you mean mixed couples wanting to relocate to the U.S. and the Thai wife trying to do that via a tourist visa, then yes, that's certainly going to be problematic.

[slipperylobster]

Really amazed that after a 10 year marriage you and/or wife were not aware of this - the main reason for tourist visa refusals for those actually making tourist visits is fear that they might be considering what you took as an option, As she had the tourist visa am sure at the time issued was made clear only good for a short visit (but understand that may have been years ago). You at least have time to make plans and if health improves perhaps can actually be together during the immigrant visa wait (if the plan is permanent stay). You might check if there is some compassionate grounds available if indeed you can never return to Thailand.

The US Embassy has a very clear procedure outlined on their website. Tourist visas are not what one uses for settling down in the USA.

I do understand that we are able to settle down in Thailand on non immigrant visas. (extensions of stays on non immigrant O visas..for example).

USA is about is strict as it gets. Hope your post persuades others to read the US Immigration website. When I formalize our marriage with the US Embassy here in Thailand....I will certainly not expect my wife to immigrate to the USA on a tourist visa.

Edited October 21, 2015 by slipperylobster

[NeilSA1]

"Especially having a daughter to clearly identify the authenticity of our marriage."

Having a daughter does not "clearly identify th authenticity" of anything, much less a legal marriage.

"Anyone with helpful advice will be most appreciated."

Learn the law, and plan ahead.

Wow. I would hate to see your unhelpful advice...

[mihalis]

Australia is just as bad... 12 tho immigrants free entry, yet a citizen with a non Australia citizen partner is treated like a criminal...

[mrmicbkktxl]

I am pleased you made this post which will ,perhaps , cause those who delight in "bashing" Thai Immigration Officials to think about how "Tough" Western Immigration authorities can be.

Not a smart comment,if I arrive at any airport in the world with a tourist visa and the officer is asking me'what do you want to do here"and I reply"I want to marry or want to work" Then you will sit in the next airplane back from where you come from.Besides that western Immigrations have clear rules how to obtain a visa or extend a a visa or entry to their country.,not like Thailand where every Immigration officer can bend the rule the way he want it

[thailand49]

Sorry buddy don't want to be hard on you but based on your own word " My bad " is exactly what it is... You apply for a tourist visa when you knew full well what your intended trip was going to be.. which sounds like you could have easily applied to immigrate her (Green Card) which in your situation would have been pretty easy to do.

Maybe all the marbles isn't there with you.. knowing you have medical issues and a questionable time frame you apply for a time limited Tourist Visa and can't even get your wife on the same page whether she is coming on a Tourist or Green Card.. A simple response to the agent that you are on holiday would have avoided the problem. This is the same as someone applying and obtaining a Tourist Visa and then comes and look for a job. There is a difference!

I suggest you get a Attorney to help with your problem instead of trying to find the answer here on ThaiVisa, do it right if you had done the research before you left you would had the proper paperwork plus a Social Security number for your wife.

If you have to return to Thailand and get it done over again and your ego doesn't get in the way send me a PM and i will forward you a firm to get it done in Bangkok just across from the US Embassy. Worth every baht.. by the time you are ready to go again she will have all the right documents and S.S. number and know exactly what to say.

Sorry and good luck at the same time...

[cyberfarang]

Actually it does not appear anyone lied - they admitted the reason for entry was to stay at point of arrival. As for the tourist visa application that may have taken place years ago for a normal trip for all we know.

Yes.. The Tourist Visa is a 10 year multi-entry Visa issued 8 years ago to my wife.

It was never our intention to move to the US back then.

Since then, we have visited the US as tourists twice to see family.

At the airport we told them we intended to stay for good.

My understanding [or misunderstanding] was that one can request a change of status.

In our case, serious health issues FORCE me to move back to the US to get under Medicare.

And this came on suddenly after a physical exam revealed I require urgent treatment.

So I am hoping these facts will allow my wife to stay and be granted an AOS.

But when dealing with bureaucracy, anything can happen

Wish us luck

Thanks for your comments

Why did you not sort all this out at the US embassy in Thailand?

You should have applied for a permanent visa for your wife as a married status not as a tourist if the intentions were for her to remain in the US.

Or is it because of your situation that your Thai wife doesn`t qualify to live in the US, so you tried another method?

[lopburi3]

As has been stated several times the tourist visa was properly issued for tourist travel and had been used previously for such.

[7by7]

You are lucky you are a US citizen. If British they have put so many obstacles in the way of bringing your Thai family to the UK for many it is now almost impossible.

Of course I can understand why - they need to leave space for all the illegal immigrants together with the so called refugees/IS supporters flooding in to Europe.

Sorry, but that's, largely, a complete nonsense statement. But, not the place in a US immigration thread for this particular discussion.

Happy to debate further in a UK-based thread.

I would say his statement is spot-on. Good for him for mentioning it.

Wooloomoo is correct that whatawonderfulday's statement is utter nonsense; as anyone with the slightest knowledge of UK immigration law etc. will tell you.

But, as he also says, this is not the topic in which to discuss UK immigration.

[metisdead]

A post in which the reply was made inside the quoted post has been removed.

[paz]

They are legal husband and wife not only for the US, but for any country of the world that stand by principles of international law. A country can require additional paperwork,translations, etc but that doesn't change the fact that once one is legally married in one country, is legally married worldwide.

That is completely not true. Many countries don't recognize any old marriage statement. That is why many Thai gals that migrate to the USA, even though "married" in their local home Thai village, went through the Thai ceremony, etc. get married "again" in the USA. Typically a simple court house justice of the peace wedding. I have been involved in two of them.

What I wrote is completely true, because I am of course referring to legal weddings in Thailand, that are always valid no matter how old. You are talking about religions ceremonies that are not a legal marriage not even in Thailand.

[paz]

He's lucky she's not white. If she was they'd've impounded her. That's what they did to Australian I knew, who was married and had even been operating a business for years in the UK when they wanted her husband to leave her with them so they could get back to him. Europe and the US aren't good places for white people any more.

Please do not mix the UK with Europe as in Shenzhen immigration area. No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter. And of course, skin color has nothing to do with that.

[paz]

And if she becomes a Document illegal, things are even better. Then she literally is untouchable.

Very bad advice. You mean "untouchable" like the 438 thousand people removed from the USA in 2013?

http://www.pewresearch.org/fact-tank/2014/10/02/u-s-deportations-of-immigrants-reach-record-high-in-2013/

Edited October 21, 2015 by paz

[ozyjon]

It angers me also that in your case, a US citizen, worked

hard payed taxes, stars and stripes etc, YOU HAVE NO

RIGHTS yet if your wife claimed to be a refugee or Mexican

maybe that's not a good one, let's go with refugee, they

would welcome her with open arms, the inequality in the

world sickens me.

[Richard W]

He's lucky she's not white. If she was they'd've impounded her. That's what they did to Australian I knew, who was married and had even been operating a business for years in the UK when they wanted her husband to leave her with them so they could get back to him. Europe and the US aren't good places for white people any more.

Please do not mix the UK with Europe as in Shenzhen immigration area. No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter. And of course, skin color has nothing to do with that.

You're confused. In Europe, it's family members of an EEA citizen who is not a citizen of the country being entered that have it easy if they can reach that country's border. Continental Denmark is even severer than the UK - it can restrict where a citizen's non-citizen family lives.

[cyberfarang]

It angers me also that in your case, a US citizen, worked

hard payed taxes, stars and stripes etc, YOU HAVE NO

RIGHTS yet if your wife claimed to be a refugee or Mexican

maybe that's not a good one, let's go with refugee, they

would welcome her with open arms, the inequality in the

world sickens me.

OK, lets go with refugee. A refugee eventually becomes a US citizen and then brings his wife and members of his family into the US on tourist visas.

Get where I`m coming from? This is why the US government sets certain procedures for foreigners entering the country.

[kowpot]

Go see an immigration lawyer. My wifes niece came here and overstayed her visa. Not that I approve of that. But it is what it is. The lawyer will get extensions that back up the court. Needless to say, my wifes niece now has her green card and also owns a Thai restaurant in Connecticut. This all in the last 5 years.

With you being married for 10 years and having a child I don't think you will have much of a problem. Good Luck!

Edited October 21, 2015 by kowpot

[NeverSure]

As a last resort you could contact your Senator. It's amazing the power they have. Each state has two senators and there's one for your district. If you have trouble with immigration that's a last resort but it might work. I've known of two cases where it did.

You and your son are US citizens and your wife is the mother of the child. You have health issues that demand you stay in the US. I've never heard of a more compelling compassionate reason for allowing her to stay.

I wish you the very best with this. I believe it will all work out.

Cheers.

[beerzy]

OK please listen to me. to allow your wife to stay with you write a letter and have your medical people write on also. say that she is there to help you recover from yuo medical procedure. same with your specialist and also mention that your stay in hospital will be shortened and less of a burden to the health system in the US

[paz]

He's lucky she's not white. If she was they'd've impounded her. That's what they did to Australian I knew, who was married and had even been operating a business for years in the UK when they wanted her husband to leave her with them so they could get back to him. Europe and the US aren't good places for white people any more.

Please do not mix the UK with Europe as in Shenzhen immigration area. No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter. And of course, skin color has nothing to do with that.

You're confused. In Europe, it's family members of an EEA citizen who is not a citizen of the country being entered that have it easy if they can reach that country's border. Continental Denmark is even severer than the UK - it can restrict where a citizen's non-citizen family lives.

I'm not even sure of what you're try to say saying with this confusing long sentence:

It's family members of an EEA citizen who is not a citizen of the country being entered that have it easy if they can reach that country's border.

Once again, for you or anyone that doesn't know the matter is very simple:

No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter (when accompanied by said spouse).

Edited October 22, 2015 by paz

[paz]

It angers me also that in your case, a US citizen, worked

hard payed taxes, stars and stripes etc, YOU HAVE NO

RIGHTS yet if your wife claimed to be a refugee or Mexican

maybe that's not a good one, let's go with refugee, they

would welcome her with open arms, the inequality in the

world sickens me.

Not good advice. Thai people cannot claim to be refugees, because there is no war or emergency in Thailand.

As mentioned before, the OP's wife need to follow the normal procedure for a change of status in the USA, or a spouse visa in in Thailand.

[paulfr]

Paz

You said

No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter (when accompanied by said spouse).

Are you sure about that ? I certainly hope so.

Then again they do not need to issue a green card or allow eventual citizenship.

[Richard W]

Once again, for you or anyone that doesn't know the matter is very simple:

No relative of a citizen as a spouse, child, etc can be removed, and no visa is needed for them to to enter (when accompanied by said spouse).

This time, I won't give you the benefit of the doubt. What you have written is untrue, and I found it hard to see how it is not simply a lie. In general, the non-EU wife of a Dane requires the equivalent of a visa to enter Denmark, even if accompanied by him. The same goes for a Dutchman and the Netherlands.

[paz]

This time, I won't give you the benefit of the doubt. What you have written is untrue, and I found it hard to see how it is not simply a lie. In general, the non-EU wife of a Dane requires the equivalent of a visa to enter Denmark, even if accompanied by him. The same goes for a Dutchman and the Netherlands.

Please get yourself educated:

4. FAMILY MEMBERS OF EU CITIZENS APPLYING FOR A VISA AT THE EXTERNAL

BORDERS

When a family member of an EU citizen, accompanying or joining the EU citizen in question,

and who is a national of a third country subject to the visa obligation, arrives at the border

without holding the necessary visa, the Member State concerned must, before turning him

back, give the person concerned every reasonable opportunity to obtain the necessary

documents or have them brought to him within a reasonable period of time to corroborate or

prove by other means that he is covered by the right of free movement.

If he succeeds in doing so and if there is no evidence that he poses a risk to the public policy,

public security or public health requirements, the visa must be issued to him without delay at

the border, while taking account of the guidelines above.

You will find this on page 89:

http://ec.europa.eu/dgs/home-affairs/policies/borders/docs/c_2010_1620_en.pdf

Note: I'm not recommending that family member of EU Schengen area members travel to Europe without a visa, since for them, the visa is free and must be granted without any special requirement.

[Richard W]

Please get yourself educated:

<snip>

You will find this on page 89:

http://ec.europa.eu/dgs/home-affairs/policies/borders/docs/c_2010_1620_en.pdf

• I must not waste time replying those who do not take the time to read pp82-3.
• Especially to those who do not read on p83 :

  In principle, the Directive applies only to those EU citizens who travel to a Member State other than the Member State of their nationality or already reside there (i.e. the EU citizen exercises or has already exercised his right of free movement).

• I must not waste time replying those who do not take the time to read pp82-3.
• Especially to those who do not read on p83 :

  In principle, the Directive applies only to those EU citizens who travel to a Member State other than the Member State of their nationality or already reside there (i.e. the EU citizen exercises or has already exercised his right of free movement).

• I must not waste time replying those who do not take the time to read pp82-3.
• Especially to those who do not read on p83 :

  In principle, the Directive applies only to those EU citizens who travel to a Member State other than the Member State of their nationality or already reside there (i.e. the EU citizen exercises or has already exercised his right of free movement).

• I must not waste time replying those who do not take the time to read pp82-3.
• Especially to those who do not read on p83 :

  In principle, the Directive applies only to those EU citizens who travel to a Member State other than the Member State of their nationality or already reside there (i.e. the EU citizen exercises or has already exercised his right of free movement).

• I must not waste time replying those who do not take the time to read pp82-3.
• Especially to those who do not read on p83 :

  In principle, the Directive applies only to those EU citizens who travel to a Member State other than the Member State of their nationality or already reside there (i.e. the EU citizen exercises or has already exercised his right of free movement).

• etc.

Or do I need to do more lines?

[paz]

Please get yourself educated:

<snip>

You will find this on page 89:

http://ec.europa.eu/dgs/home-affairs/policies/borders/docs/c_2010_1620_en.pdf

• must not waste time replying those who do not take the time to read pp82-3.

Or do I need to do more lines?

What is written on page 82-83 does not contrast in any way with what is written on page 89. If you think it does, complain to the relevant EU offices. In doing that try to not repeat yourself 10 times as you did here, as that won't help.

[Richard W]

Yes they do:

• If any of the questions below are answered in the negative, the applicant is not entitled to the specific treatment under the Directive (cf. point 3.7) - p82
• This Part of the Handbook aims to provide the consulates with operational instructions on the particular rules relating to visa applicants who are family members of EU citizens in accordance with Article 1(2) (a) and ( of the Visa Code. - p82
• Part III is about the specific treatment - fact.
• If there is to be no special treatment, then Part III does not apply. - obvious consequence.

Thus p89 does not normally apply to family members of someone going to a country of which he is a citizen.

I will agree that Point 4 is a bit of a drafting mess, and should not be in Section A of Part III. However, I do not believe it actually requires common sense to see that there are conditions for it to apply.

Finally, note that the paragraph you quote ends, "to corroborate or prove by other means that he is covered by the right of free movement". Whence do you derive the assertion that the spouse of an EU citizen is allowed to enter the country of his spouse? Part III.A Section 3.8 is quite clearly ruled out in the cases that I have mentioned.

[Thanyaburi Mac]

I fail to see how the last couple of posts relate to the OP's problem with U.S. Immigration.

Please, if you want to talk about EU immigration rules and regs, start a new topic.

Mac