Immigrant (fiancee) Or Non-imm. Visa

[frond]

Hi.

I'm planning on getting married (and so is my girlfriend!) next April or June 2005 in Thailand. We'd like to get married in the US as well.

Would it be better to....

1. get married/register the marriage in Thailand first, apply for a Non-Imm visa, go to/get married in the US, and then return to Thailand. or

2. try for a fiancee visa, go to the US/get married, then return to Thailand for the Thai wedding?

With the fiancee visa one must show proof of monetary support in the US while she's there, is that correct? Since I work and live in Bangkok that may be a problem.

Basically we'd like to go for a month. We don't want to live there and we're hoping our evidence of this will be compelling.

Sorry if this topic is redundant.

FROND

[lopburi3]

Believe you may be referring to religious ceremony which in the case of Thailand is not a legal marriage. Only civil filing at district office makes it legal. There is no legal reason to marry in both countries and it may be difficult as once married you are not free to marry.

If you are planning to live here you should marry here and visit USA on a non immigrant visa. You will need to prove this is not being done to avoid immigration rules (apply for change of status after enter the USA) so I would have it on record with Consulate now with your plans so you can use the long period prior to marriage as added evidence of your intent to remain in Thailand and for her to return. If they say you should get finance or immigrant visa (auto reply mode) go up the chain and take down names. There is no reason your wife should not qualify for a non immigrant visa when her intent is a visit AFAIK. But I would forget the 'marriage in the US idea' as that would likely be out of context and misunderstood.

[dr_Pat_Pong]

If you marry in Thailand first, you'll be asking for a visa for your spouse. Might go down a lot better with US Immigration.

[dr_Pat_Pong]

Believe you may be referring to religious ceremony which in the case of Thailand is not a legal marriage. Only civil filing at district office makes it legal. There is no legal reason to marry in both countries and it may be difficult as once married you are not free to marry.

If you are planning to live here you should marry here and visit USA on a non immigrant visa. You will need to prove this is not being done to avoid immigration rules (apply for change of status after enter the USA) so I would have it on record with Consulate now with your plans so you can use the long period prior to marriage as added evidence of your intent to remain in Thailand and for her to return. If they say you should get finance or immigrant visa (auto reply mode) go up the chain and take down names. There is no reason your wife should not qualify for a non immigrant visa when her intent is a visit AFAIK. But I would forget the 'marriage in the US idea' as that would likely be out of context and misunderstood.

Sorry Lop. We posted at almost the same moment Great minds

[frond]

Thank you both for your replies. I will contact the Consulate asap and see what I can do.

[frond]

I've read today that it might be better to NOT get married in Thailand at all before applying for a Non-Imm visa.

Then someone else says it might be better to get married first.

It's very confusing!

I don't know if one or the other situation is strongly taken into account.

[dr_Pat_Pong]

Alas, that is always a problem in a forum. Everyone has an opinion. I think that my advice is right, others think that theirs is. Now it's time for you to chase your Embassy to discuss the actualities with them. A good long, long look at previous postings in the same matter might further a decision on your part, and if you are still in doubt, see a lawyer

[ProThaiExpat]

Your check with the U.S. Department of State webpage with particular attention to the section on why people are turned down for visa's will help you the most.

As Dr. Pat said, it is a judgment call.

Keep in mind that the visa will only be granted after an interview, and the consular interviewer is MANDATED by law to begin the interview with a mind set or an assumption that the purpose of the visit to the U.S. if for purposes of STAYING OVER after the visa expires. The "burden of proof" to the contrary rests with the applicant for the visa. Thus anything you can do to convince an interviewer that indeed your girl friend/wife has no intention of staying over her visa and "has a compelling reason" to return to Thailand you should do.

Since you are returnig to the U.S. with a new "wife". if you don't return to Thailand, will the wife? What "compelling reason" does your wife/gf have to return to Thailand.

If you go the g/f route, her property, job, bank account, school, etc. and all of them will be the compelling reason for a tourist to return to her home country.

However, going the wife route, you must establish that you are committed to living in Thailand, with a job, home, car, children, or whatever, so that you have a compelling reason to return to Thailand after your home visit to take up your life here and that your loving wife will likewise want to return here to be with her husband and the easy life you have provided for her.

It is a tough one, either way you go. It has been done, and continues to be done, however, lawyers are not going to help in the interview, and probably will hurt. Since the intervierwers decision is not appealable, going over his/her head will do absolutely no good, in fact that effort should be placed on convincing the interviewer of the compelling reason to return through overwhelming documentation, family photos, deeds, joint everything, etc. I will ge going through it in a few months and am always thinking of ways to add doucmentation and "compelling reasons" for return.

[thaihome]

My advice is get the tourist visa now. If you think you are moving back to US, do Direct Consular Filing (DCF) for spousal visa several months before leaving.

While working in Thailand, my wife received a single entry tourist visa to the US, since this was pre-9/11; it was done without even an interview (which are now required). The only documentation we included was a letter from my company saying I am on indefinite overseas assignment and receiving annual home leave benefits, copy of our joint Thai bank account passbook, and copy of my passport pages with Non Imm visa(s).

TH