K-1 to 'travel' visa?

[TT2 0]

Hi everyone! Thank you for your help in the past.

My fiance is here in the US (since December 1 2010) and we plan on marrying soon. Our plans have changed. Originally we were going to stay together in the US for a few years. Now, however, she doesn't want to stay in the US (I can't say I blame her...she misses her family and there is 6" of snow on the ground here) and wants us both to move back to Thailand. After we move to Thailand is there any way she can travel back with me to the US for short periods of time...i.e. a 'travel' visa? Is there any path from a K-1 visa to a travel visa?

Is there any way to legally extend her stay after we are married without filing for a change in status? Is there any point in filing the I-485 if she does not intend on becoming a US citizen?

Any suggestions appreciated!

[NigeriaorBust 4,087]

If she stays beyond the 90 days she is accruing overstay. That is normally washed away by adjusting status. However you don't plan on doing that. What she wants is a visitors visa. Not sure is there is an easy path from K1 to visitors other than leaving the US then applying.

[Anh map 2,098]

She will apply for a visitor's visa when she wants to enter the US. When she applies she will want to show strong ties to home (wherever you folks are living at that time).

[YuAndDan 153]

Filing I-485, is NOT for becoming a US Citizen, it is for adjusting status from NON-Immigrant to Immigrant, A Green-card holder, or Lawful Permanent Resident.

As for travel visa, can always apply for a B-2 visa after returning home, however being married to a US citizen poses an immigrations intent which needs to be proven otherwise.

[pushbrk 12,122]

. After we move to Thailand is there any way she can travel back with me to the US for short periods of time...i.e. a 'travel' visa? Is there any path from a K-1 visa to a travel visa?

Is there any way to legally extend her stay after we are married without filing for a change in status? Is there any point in filing the I-485 if she does not intend on becoming a US citizen?

Probably not to the first question and no to the second. Probably not, because with a USC husband she will always (by law) be assumed to have immigrant intent. She would need to show extremely strong ties for both of you to Thailand to be granted any visitor visa. From Thailand, chances are slim and none, IMO.

[TT2 0]

Slim and none? Hmmmm. Why? If she qualified for a K-1, we marry, she DOES NOT overstay, returns to Thailand (where she owns an established, successful and legitimate trucking company), I am a US citizen in good standing, then why why why would it be difficult to obtain a visitor's visa? With upwards of 20,000,000 illegal aliens running around the US you think they'd give some consideration to a person who has already met the requirements. Am I being naive?

[payxibka 10,044]

Slim and none? Hmmmm. Why? If she qualified for a K-1, we marry, she DOES NOT overstay, returns to Thailand (where she owns an established, successful and legitimate trucking company), I am a US citizen in good standing, then why why why would it be difficult to obtain a visitor's visa? With upwards of 20,000,000 illegal aliens running around the US you think they'd give some consideration to a person who has already met the requirements. Am I being naive?

Qualifications for a K-1 visa are quite different than qualifications for a tourist visa... To qualify for a tourist visa, the applicant must demonstrate that they do NOT have intent to immigrate.. A previous K-1 petition/application specifically shows an intent to immigrate that would need to be overcome. It can be done but you must understand that she has a hurdle in front of her

[JimVaPhuong 4,863]

Slim and none? Hmmmm. Why? If she qualified for a K-1, we marry, she DOES NOT overstay, returns to Thailand (where she owns an established, successful and legitimate trucking company), I am a US citizen in good standing, then why why why would it be difficult to obtain a visitor's visa? With upwards of 20,000,000 illegal aliens running around the US you think they'd give some consideration to a person who has already met the requirements. Am I being naive?

Yep, you're being naive. Not a single one of those illegal aliens you mentioned would have been admitted to the US if they'd presented themselves at a border checkpoint - not one. That's why they entered illegally. If the US shared a border with Thailand instead of Mexico then we'd have just as many illegal aliens, and most of them would be Thai. Same goes for any other Southeast Asian country with a comparable level of poverty.

Visiting the US in the future will be a two-step process. First, she'll have to convince a consular officer that she's only going to visit the US and not stay indefinitely. Second, she'll have to convince a CBP officer of the same. Both of these are going to be difficult if she's got a US citizen husband. Once she is admitted to the US she can legally squat and get a green card. The consular officer knows this, and so does the CBP officer. It's illegal to intentionally enter the US with this intention, but there's not much the government can do to stop them once they've been admitted, so their tactic is to prevent them from being admitted in the first place. They want immigrants to get immigrant visas.

[rsn 135]

Hi everyone! Thank you for your help in the past.

My fiance is here in the US (since December 1 2010) and we plan on marrying soon. Our plans have changed. Originally we were going to stay together in the US for a few years. Now, however, she doesn't want to stay in the US (I can't say I blame her...she misses her family and there is 6" of snow on the ground here) and wants us both to move back to Thailand. After we move to Thailand is there any way she can travel back with me to the US for short periods of time...i.e. a 'travel' visa? Is there any path from a K-1 visa to a travel visa?

Is there any way to legally extend her stay after we are married without filing for a change in status? Is there any point in filing the I-485 if she does not intend on becoming a US citizen?

Any suggestions appreciated!

Hello TT2. Your're wife is definitely not alone. The adjustment from Thailand to the midwest is a difficult one for some, initially. Winter is not generally a good time for a Thai to start their experience in the midwest, but what's done is done. I've heard this story many times before, and I can assure you that your fiancee will adjust if she gives it a little time. Some things that will make it easier for her:

• Ability to call her family back in Thailand. There are many cheap ways to do this. Skype via a computer, Skype via a regular phone, magic jack (mailed to her family). There are a number of other good voice over IP services that will do the job.
• Food, as you may know, is really important to Thais. If you haven't already, take her to an Asian supermarket and get her some papaya, jackfruit, sticky rice, or, even the dreaded durian.
• A heated mattress pad is really nice in the winter. My wife couldn't live without one. You can get a nice one for a king bed w/ dual heat controls for well under $100.
• Have your fiancee check out usvisa4thai.com. It's a website for Thai people that have immigrated to the U.S. Lots of networking and friendships to be found there for her. She will never make it here if she doesn't start networking. Trust me.
• If your fiancee is buddhist, find the nearest wat.

I might be forgetting some things, but that's a start. Her life here will likely get better with time.

Edited January 11, 2011 by rsn

[pushbrk 12,122]

Slim and none? Hmmmm. Why? If she qualified for a K-1, we marry, she DOES NOT overstay, returns to Thailand (where she owns an established, successful and legitimate trucking company), I am a US citizen in good standing, then why why why would it be difficult to obtain a visitor's visa? With upwards of 20,000,000 illegal aliens running around the US you think they'd give some consideration to a person who has already met the requirements. Am I being naive?

Everything others have said is legitimate but if she actually has substantial holdings and an ongoing business in Thailand the chances lean more towards the slim than the none. It's still iffy but the chances are better. If YOU also are involved in her business or have permanent employment in Thailand, it moves more in favor of success. You just have to be prepared for the strong possibility that she won't obtain any visitor privilege.

[Ning 619]

Yep, you're being naive. Not a single one of those illegal aliens you mentioned would have been admitted to the US if they'd presented themselves at a border checkpoint - not one. That's why they entered illegally. If the US shared a border with Thailand instead of Mexico then we'd have just as many illegal aliens, and most of them would be Thai. Same goes for any other Southeast Asian country with a comparable level of poverty.

Visiting the US in the future will be a two-step process. First, she'll have to convince a consular officer that she's only going to visit the US and not stay indefinitely. Second, she'll have to convince a CBP officer of the same. Both of these are going to be difficult if she's got a US citizen husband. Once she is admitted to the US she can legally squat and get a green card. The consular officer knows this, and so does the CBP officer. It's illegal to intentionally enter the US with this intention, but there's not much the government can do to stop them once they've been admitted, so their tactic is to prevent them from being admitted in the first place. They want immigrants to get immigrant visas.

In my 3 attempts to obtain a tourist visa my husband & I learned that the above is exactly correct. I was denied 3 times. My husband tried the logic you indicate. It doesnt apply when you understand the policy & procedures.

We have houses, land & business in Thailand. Doesnt matter. What does matter is the stongest ties rule. Your wifes ties are to you when you enter the USA. That is exact what they officer explained to my husband. Its impossible to over come that fact. At the POE they would turn her away if she did have a tourist visa & an American husband. We were told they would never issue a tourist visa to anyone married to a USC.

As a Thai female I would stongly suggest you follow rsns' advice. Ask her to give this new life in a new country a chance to succeed. What he suggests are basic to our happiness here. Ask her to try this until next summer.

[pushbrk 12,122]

In my 3 attempts to obtain a tourist visa my husband & I learned that the above is exactly correct. I was denied 3 times. My husband tried the logic you indicate. It doesnt apply when you understand the policy & procedures.

We have houses, land & business in Thailand. Doesnt matter. What does matter is the stongest ties rule. Your wifes ties are to you when you enter the USA. That is exact what they officer explained to my husband. Its impossible to over come that fact. At the POE they would turn her away if she did have a tourist visa & an American husband. We were told they would never issue a tourist visa to anyone married to a USC.

As a Thai female I would stongly suggest you follow rsns' advice. Ask her to give this new life in a new country a chance to succeed. What he suggests are basic to our happiness here. Ask her to try this until next summer.

Sounds like wise advice. She can certainly visit Thailand for extended times, even up to a year and potentially more without losing her US Permanent resident status. If she can use Thailand visits of less than six months until she's been a green card holder three years, she can become a US Citizen. Then, if you want to move to Thailand, there's no issue. As Citizens, you both can come and go from the USA as you please.

[JD63 4]

I agree with completely with rsn and ning, and you would be wise to follow their advice. They helped me greatly when I was going through some of this. Although it seems pressing on her now, it will be so much easier for you in the future to sit it out, adjust, and then you are much more able to move freely. Plus it will greatly help solidify your relationship together (Sorry, I am not trying to be a life coach here, but there are so many adjustments you will both have to make in the near future that waiting for AOS is trivial)

My wife has been in the midwest for a year now, and the winter's are difficult. I would recommend everything rsn listed, as well as one thing he forgot, helping her connect in the community and with thai people there. Whether it is through the wat, restaraunts, the university, etc, help her get involved and socializing with people there. They can help her adjust and feel more comfortable. Thai culture is much more gregarious then US and loneliness is a real issue you need to address, especially in a midwestern winter where she cannot work or be independent.

Hello TT2. Your're wife is definitely not alone. The adjustment from Thailand to the midwest is a difficult one for some, initially. Winter is not generally a good time for a Thai to start their experience in the midwest, but what's done is done. I've heard this story many times before, and I can assure you that your fiancee will adjust if she gives it a little time. Some things that will make it easier for her:

• Ability to call her family back in Thailand. There are many cheap ways to do this. Skype via a computer, Skype via a regular phone, magic jack (mailed to her family). There are a number of other good voice over IP services that will do the job.
• Food, as you may know, is really important to Thais. If you haven't already, take her to an Asian supermarket and get her some papaya, jackfruit, sticky rice, or, even the dreaded durian.
• A heated mattress pad is really nice in the winter. My wife couldn't live without one. You can get a nice one for a king bed w/ dual heat controls for well under $100.
• Have your fiancee check out usvisa4thai.com. It's a website for Thai people that have immigrated to the U.S. Lots of networking and friendships to be found there for her. She will never make it here if she doesn't start networking. Trust me.
• If your fiancee is buddhist, find the nearest wat.

I might be forgetting some things, but that's a start. Her life here will likely get better with time.

[JohnC811 4]

What about the possibility of moving to a warmer climate in the US...that may be a consideration

[JimVaPhuong 4,863]

Everything others have said is legitimate but if she actually has substantial holdings and an ongoing business in Thailand the chances lean more towards the slim than the none. It's still iffy but the chances are better. If YOU also are involved in her business or have permanent employment in Thailand, it moves more in favor of success. You just have to be prepared for the strong possibility that she won't obtain any visitor privilege.

I thought about that too, but then I realized that she also owned the business when she left to come to the US with a K1 visa. I don't see why a consular officer would accept it as a "strong tie" if she'd already walked away from it in the past in order to immigrate to the US.

Just sayin'...