Tourist visa in case of delay

[Yodrak 7]

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1.

.....

[h2oshore 0]

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1.

.....

But did your girlfriend say that she had a fiance when she applied for her tourist visas? Did she say her purpose for going to America was to accompany her fiance to America? That is the critical question.

Looking forward to your answer and thanks for the time and trouble writing!!!!

[Yodrak 7]

h2oshore,

This has been an interesting thread. Your first post is typically short on information, understandably causing responders to assume a typical situation and respond with typical answers. Then revelations are made, incrementally, post by post, that begin to indicate that your situation may not be so typical after all.

Questions:

- what is your situation in Thailand?

- can you outline your short (next 6 months or so) and longer-term (for about 2-5 years out) plans for both yourself and for you and your fiance(e) as a couple?

I sense that you have a situation that would benefit from a discussion with an immigration professional who has a good deal of experience with the consular section in Bangkok and has a good sense for what might 'fly' there and what might not. You might wish to call Bill White, a US immigration attorney practicing in Bangkok, for a consultation and discuss with him the answers to the 2 questions that I have asked you here in this post. He can give you better advice appropriate to your specific situation, than can people here on VJ.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

WFWlaw@aol.com

I'm an American currently in Bangkok. I am getting ready to send my initial 129-f to the Nebraska office. We want to buy airline tickets leaving Bangkok in March but we are afraid that her fiance visa will not be complete by that time. Can she go ahead and apply for a tourist visa for a two month visit to the States so that she will be able to come visit even if the K[1] visa isn't ready? Of course she would not be trying to stay in the States if she came on a tourist visa.

Can anybody help?

Thanks

Read the last sentence of my post again.

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

But did your girlfriend say that she had a fiance when she applied for her tourist visas? Did she say her purpose for going to America was to accompany her fiance to America? That is the critical question.

Looking forward to your answer and thanks for the time and trouble writing!!!!

Yodrak

Edited October 10, 2006 by Yodrak

[zyggy 9]

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1.

.....

Yodrak...

I agree.. it's a matter of time and any suspicion on the part of CO's would be a subjective one... but if one applys for a tourist visa and then subsequently files a I-129F.. it would probably look fishy... If one waited a year or so, it probably wouldn't...

[h2oshore 0]

h2oshore,

This has been an interesting thread. Your first post is typically short on information, understandably causing responders to assume a typical situation and respond with typical answers. Then revelations are made, incrementally, post by post, that begin to indicate that your situation may not be so typical after all.

Questions:

- what is your situation in Thailand?

- can you outline your short (next 6 months or so) and longer-term (for about 2-5 years out) plans for both yourself and for you and your fiance(e) as a couple?

I sense that you have a situation that would benefit from a discussion with an immigration professional who has a good deal of experience with the consular section in Bangkok and has a good sense for what might 'fly' there and what might not. You might wish to call Bill White, a US immigration attorney practicing in Bangkok, for a consultation and discuss with him the answers to the 2 questions that I have asked you here in this post. He can give you better advice appropriate to your specific situation, than can people here on VJ.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

WFWlaw@aol.com

I'm an American currently in Bangkok. I am getting ready to send my initial 129-f to the Nebraska office. We want to buy airline tickets leaving Bangkok in March but we are afraid that her fiance visa will not be complete by that time. Can she go ahead and apply for a tourist visa for a two month visit to the States so that she will be able to come visit even if the K[1] visa isn't ready? Of course she would not be trying to stay in the States if she came on a tourist visa.

Can anybody help?

Thanks

Read the last sentence of my post again.

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

But did your girlfriend say that she had a fiance when she applied for her tourist visas? Did she say her purpose for going to America was to accompany her fiance to America? That is the critical question.

Looking forward to your answer and thanks for the time and trouble writing!!!!

Yodrak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

[Yodrak 7]

h2oshore,

Insufficient information leads to inappropriate responses. (Note: public hangings were intended not only to prevent the victim from continuing to commit crimes, but were also tended to dissuade the spectators from commiting crimes. Although some spectators never get the message.)

I think that your girlfriend or finacee, whichever you chose to call her, may have a very good chance of getting another B2 visa to the USA if the purpose of her visit is to accompany you on a visit. In your situation her ties to you can work for her rather than against her because you have ties to Thailand. Be sure to present them as compelling ties that will require you to return - will you have a contract with the school where you teach for the session starting in June 2007? Or will you be returning to Thailand in June 2007 for a period of relaxation while waiting out the visa process?

Caveat: you've written a bit about the woman's past, you still have not mentioned her present circumstances.

Yodak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

Edited October 10, 2006 by Yodrak

[zauberblume 0]

DCF Thailand?

Check to see if it's available in Thailand now and determine if that would be appropriate for your situation.

DCF Thailand - That's a link from a thread here at VisaJourney on DCF in Thailand.

Edited October 10, 2006 by zauberblume

[jonty 0]

Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike

Hello,

It would be difficult to obtain the visitor visa as her fiancee visa petition is pending. They generally deny it.

[h2oshore 0]

h2oshore,

Insufficient information leads to inappropriate responses. (Note: public hangings were intended not only to prevent the victim from continuing to commit crimes, but were also tended to dissuade the spectators from commiting crimes. Although some spectators never get the message.)

I think that your girlfriend or finacee, whichever you chose to call her, may have a very good chance of getting another B2 visa to the USA if the purpose of her visit is to accompany you on a visit. In your situation her ties to you can work for her rather than against her because you have ties to Thailand. Be sure to present them as compelling ties that will require you to return - will you have a contract with the school where you teach for the session starting in June 2007? Or will you be returning to Thailand in June 2007 for a period of relaxation while waiting out the visa process?

Caveat: you've written a bit about the woman's past, you still have not mentioned her present circumstances.

Yodak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

Yodak, if she applies for a tourist visa my girlfriend would return to her college to teach when she returns in May as she has before and I would probably return to my job in Bangkok. I suppose it is a good idea to have something showing that I am in fact returning to work though I'm not sure it will be all that important as it's her that they want to be sure will return to Thailand. since she has been a teacher at the same college for 15 years and will show evidence that she is just taking a temporary leave would suffice I presume.

But I would like to ask again if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

Thanks again for your input. Perhaps I will contact the lawyer you recommended for a consultation before making a final decision.

[SirLancelot 1]

h2oshore, what you said in the beginning and what you've said subsequently is pretty different. As you now have stated, she has been to the States before, and she intends to come back to Thailand before you submit a K1 petition, so I don't forsee problems with her obtaining a tourist visa this time around.

But I do have a question. How do you file a K1 from abroad? I am under the knowledge that one is suppose to file for a I-129F from within the US. If you work and reside in Thailand, why not go via the DCF route in Thailand?

h2oshore,

Insufficient information leads to inappropriate responses. (Note: public hangings were intended not only to prevent the victim from continuing to commit crimes, but were also tended to dissuade the spectators from commiting crimes. Although some spectators never get the message.)

I think that your girlfriend or finacee, whichever you chose to call her, may have a very good chance of getting another B2 visa to the USA if the purpose of her visit is to accompany you on a visit. In your situation her ties to you can work for her rather than against her because you have ties to Thailand. Be sure to present them as compelling ties that will require you to return - will you have a contract with the school where you teach for the session starting in June 2007? Or will you be returning to Thailand in June 2007 for a period of relaxation while waiting out the visa process?

Caveat: you've written a bit about the woman's past, you still have not mentioned her present circumstances.

Yodak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

Yodak, if she applies for a tourist visa my girlfriend would return to her college to teach when she returns in May as she has before and I would probably return to my job in Bangkok. I suppose it is a good idea to have something showing that I am in fact returning to work though I'm not sure it will be all that important as it's her that they want to be sure will return to Thailand. since she has been a teacher at the same college for 15 years and will show evidence that she is just taking a temporary leave would suffice I presume.

But I would like to ask again if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

Thanks again for your input. Perhaps I will contact the lawyer you recommended for a consultation before making a final decision.

[Yodrak 7]

h2oshore,

Your relationship with this woman is a very strong element her visa application. Her ties to you will tie her to either the USA or to Thailand. Do not leave that uncertain - be sure that you tie her to Thailand. You seem to be under-estimating this, don't.

My wife was not my fiancee at the time, although I was having thoughts about it that subsequently came to fruition.

Do call Bill to discuss your situation and your objectives.

Yodrak

h2oshore,

Insufficient information leads to inappropriate responses. (Note: public hangings were intended not only to prevent the victim from continuing to commit crimes, but were also tended to dissuade the spectators from commiting crimes. Although some spectators never get the message.)

I think that your girlfriend or finacee, whichever you chose to call her, may have a very good chance of getting another B2 visa to the USA if the purpose of her visit is to accompany you on a visit. In your situation her ties to you can work for her rather than against her because you have ties to Thailand. Be sure to present them as compelling ties that will require you to return - will you have a contract with the school where you teach for the session starting in June 2007? Or will you be returning to Thailand in June 2007 for a period of relaxation while waiting out the visa process?

Caveat: you've written a bit about the woman's past, you still have not mentioned her present circumstances.

Yodak

Yodak, if she applies for a tourist visa my girlfriend would return to her college to teach when she returns in May as she has before and I would probably return to my job in Bangkok. I suppose it is a good idea to have something showing that I am in fact returning to work though I'm not sure it will be all that important as it's her that they want to be sure will return to Thailand. since she has been a teacher at the same college for 15 years and will show evidence that she is just taking a temporary leave would suffice I presume.

But I would like to ask again if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

Thanks again for your input. Perhaps I will contact the lawyer you recommended for a consultation before making a final decision.

Edited October 11, 2006 by Yodrak

[alix 20]

I was almost denied entry with a B2 because my I-130 had just been approved. I guess the fact I was travelling with my husband complicated things, but in the end I was allowed to stay (although now I can´t go back without my CR1). While waiting at the immigration room at Chicago airport, another girl was sent back home because she lied to the immigration officer saying she was there as a tourist (she was on a B2). He managed to find out her LPR fiancé was waiting for her outside. Their case is more serious because they were actually planning to get married in the US (the fiancé told this to the immigration officer). She denied having an LPR fiancé when applying for a B2 at the consulate, which gave them grounds to cancel her tourist visa and she had to fly back home that same night. They had no mercy.

So just be careful!

Edited October 11, 2006 by alix