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Filed: Country: Thailand
Timeline
Posted

My fiancee is a Thai citizen and I am a US citizen. We are planning to be married in Thailand in December, and I'm planning to be a missionary there indefinitely after we marry. We are currently applying for a B2 visa for her to visit my friends and family in the USA before the wedding (Oct 15 - Nov 29).

We've already finished the DS160 and have an appointment for her at the consulate next Monday (Aug 27). I understand that with the B2, the US assumes intent to overstay the visa and immigrate illegally unless we can prove otherwise. So my question is, what kind of proof will be sufficient / convincing to let her get the visa?

Here's what we have so far:

1. She previously had a B2 visa to visit a church in America for a few months in 2006. She was denied the first time she applied, but got it the second time. When she went back to the consulate after she went back to Thailand it was marked "Cancelled without prejudice."

2. I've written a letter explaining our plans and stating that (a) we are flying to Thailand together at the end of November, and (b) I will pay all her expenses while she's here.

3. We have the following information to prove the above:

- our plane tickets to Thailand

- our agreement to rent the church for our wedding in December

- our wedding invitation

- a bunch of bank statements, paystubs, retirement statements, W2s, and tax returns to show I have money to support her in the US.

- a letter from our mission organization inviting her to come and participate in leadership meetings in the US.

- a letter from her employer in Thailand (also a mission organization) stating that she is employed and is touring in the US to improve her cultural understanding.

- her bank statements with enough money to pay for the trip (if she needed to)

Will this be enough? Is there anything else we should include?

Thanks for any advice you can give.

Filed: K-1 Visa Country: Wales
Timeline
Posted
When she went back to the consulate after she went back to Thailand it was marked "Cancelled without prejudice."

Could you explain this?

PS it is her application not yours.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Your building a great case for a K1 fiance visa, but a lousy tourist visa case. It sounds like she has every reason to stay in the US with you.

Why was her visa cancelled?

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

I agree, it seems like you have a strong case for her overstaying her toursit visa

Do you live in Thailand as well?

Good luck

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Filed: Country: Thailand
Timeline
Posted

I don't know the story behind her visa being cancelled. The way she explained it to me, the consulate told her to go back and see them again to prove that she had returned to Thailand in 2006. When she did, they put that stamp on her visa. My guess is that it was a single-entry visa, and so the stamp was just a way to make it obvious that it was no longer valid, but I don't know that for sure.

As for the case, what kind of evidence would help to prove she won't overstay? She doesn't own property in Thailand or own a car (she uses a motorcycle). She does have a job, and we're already including the letter from her employer granting her a temporary leave of absence.

Should I not include my financial information and just rely on the money she has in the bank for the trip?

Does her return plane ticket to Thailand - and my plane ticket to go with her - not help anything?

We also have the evidence that we are getting married in Thailand - receipt from the church and wedding invitation showing that it's in Thailand. That won't help either?

I do not live in Thailand yet, but I'm planning to move there right before we get married. I do have a document that I prepared for my mission organization that describes our plans to open an office in Thailand - would that help to show that we're going to move to Thailand?

Thanks for the help!

Filed: K-1 Visa Country: Wales
Timeline
Posted
The way she explained it to me, the consulate told her to go back and see them again to prove that she had returned to Thailand in 2006. When she did, they put that stamp on her visa. My guess is that it was a single-entry visa, and so the stamp was just a way to make it obvious that it was no longer valid, but I don't know that for sure.

It would be more logical that it was a multi entry visa, what would be the point, why would she even bother to go if it was single entry?

No harm trying but with everything you have posted it would be a long shot.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: Thailand
Timeline
Posted (edited)

I don't know the story behind her visa being cancelled. The way she explained it to me, the consulate told her to go back and see them again to prove that she had returned to Thailand in 2006. When she did, they put that stamp on her visa. My guess is that it was a single-entry visa, and so the stamp was just a way to make it obvious that it was no longer valid, but I don't know that for sure.

As for the case, what kind of evidence would help to prove she won't overstay? She doesn't own property in Thailand or own a car (she uses a motorcycle). She does have a job, and we're already including the letter from her employer granting her a temporary leave of absence.

Should I not include my financial information and just rely on the money she has in the bank for the trip?

Does her return plane ticket to Thailand - and my plane ticket to go with her - not help anything?

We also have the evidence that we are getting married in Thailand - receipt from the church and wedding invitation showing that it's in Thailand. That won't help either?

I do not live in Thailand yet, but I'm planning to move there right before we get married. I do have a document that I prepared for my mission organization that describes our plans to open an office in Thailand - would that help to show that we're going to move to Thailand?

Thanks for the help!

When I read this its all about you. The case must be about her because its she that must prove beyond a doubt she MUST return. If they get the impression you have given here she wont be granted a visa.

Buying plane tickets in advance of the visa is arrogant for example. They advise people not to do it.

Her previouse visa must have been muti entry or they wouldnt have had a need to cancel it. The fact she had one and returned is good. But there must have been a reason they canceled it. She doesnt know what type of visa she had? Or why they cancelled it? Did she overstay? These things will affect this application even though that visa was cancelled without prejudice.

In the end she wont know until she steps up to the window. She must prep the application carefully because they approve or deny them most of the time prior to the interview.

Remember its at the POE that she would be granted entry so she must be ready when questioned if she is granted a visa. Wedding plans, meetimg family ect may be misunderstood just as it has been here.

Edited by Ning
Filed: Citizen (apr) Country: Thailand
Timeline
Posted

What Ning said.

To add to that, once you marry her, they are gonna look at that as intent to immigrate and adjust status. Doubtful she'll get a tourist visa.

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Filed: K-3 Visa Country: Thailand
Timeline
Posted (edited)

What Ning said.

To add to that, once you marry her, they are gonna look at that as intent to immigrate and adjust status. Doubtful she'll get a tourist visa.

Thats what I mean by the impression given. Read carefully he says he will return to Thailand and marry her there. The problem may be that they may not take time to take it all in depending on how SHE presents the info.

Edited by Ning
Filed: Country: Thailand
Timeline
Posted

Ok, so it sounds like I'm clearly on the wrong track.

What if we scrap all of the above and just make the case for her?

- She has a job (in ministry with a church).

- She rents an apartment.

- She pays utility bills.

- She has family in Thailand.

- She has worked with several churches, and is on the board of a mission organization in Thailand.

Do these things help?

At the same time, we can't hide the fact that we're engaged - even if we wanted to, it's too late now, because the DS160 asked about a fiance in the USA.

The fact that our wedding will be in Thailand doesn't matter?

Help me understand... are they going to assume that she's lying and we've paid money for things (e.g. plane tickets to Thailand for me and my family, renting the church, etc.) to create fake evidence?

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Ok, so it sounds like I'm clearly on the wrong track.

What if we scrap all of the above and just make the case for her?

- She has a job (in ministry with a church).

- She rents an apartment.

- She pays utility bills.

- She has family in Thailand.

- She has worked with several churches, and is on the board of a mission organization in Thailand.

Do these things help?

At the same time, we can't hide the fact that we're engaged - even if we wanted to, it's too late now, because the DS160 asked about a fiance in the USA.

The fact that our wedding will be in Thailand doesn't matter?

Help me understand... are they going to assume that she's lying and we've paid money for things (e.g. plane tickets to Thailand for me and my family, renting the church, etc.) to create fake evidence?

It's $160 non refundable. Give it a shot.

You can click on the 'X' to the right to ignore this signature.

Filed: K-3 Visa Country: Thailand
Timeline
Posted

Ok, so it sounds like I'm clearly on the wrong track.

What if we scrap all of the above and just make the case for her?

- She has a job (in ministry with a church).

- She rents an apartment.

- She pays utility bills.

- She has family in Thailand.

- She has worked with several churches, and is on the board of a mission organization in Thailand.

Do these things help?

At the same time, we can't hide the fact that we're engaged - even if we wanted to, it's too late now, because the DS160 asked about a fiance in the USA.

The fact that our wedding will be in Thailand doesn't matter?

Help me understand... are they going to assume that she's lying and we've paid money for things (e.g. plane tickets to Thailand for me and my family, renting the church, etc.) to create fake evidence?

These tourist visas can be very difficult to obtain. She must know this because she had one.

In your world this idea of being connected to some church should convince someone of her intentions. Then there is Jim Jones serving Kool Aid and many others to refer to. Some of the mission groups dont have a good reputation in Thailand so may not carry much weight to help her case. Many Thais I know preform work for churches simply because its a job. They could care less about the religion because they remain Buddhists in a country that is over 90 % so.

The things you list dont require her to come back which is the criteria she MUST meet. They establish the fact that she now lives in Thailand but that doesnt mean she would have to return to those things to live. Even the family ties arent enough.

Hide things? Too late now? Is that religion talking? Just stay with the truth and let them decide the case based on fact.

They assume she, as they do all people, is an intending immigrant if she has a visa which doesnt mean she is lying. It means that she like thousands of others changes her mind once she is in the USA and stays. Did she overstay her former visa for example?

They dont care what you and your family have done or will do because they dont require visas to do whatever that may be. They do consider you ignorant for presuming she will be issued a visa simply because of your view of what they should do. You dont need to create evidence of what you will do because it has nothing to do with her case. Fake or not it simply doesnt matter to them.

I myself was denied tourist visas 3 times. Each time I learned more about the process.

Filed: Country: Thailand
Timeline
Posted

They assume she, as they do all people, is an intending immigrant if she has a visa which doesnt mean she is lying. It means that she like thousands of others changes her mind once she is in the USA and stays. Did she overstay her former visa for example?

Fair enough.

She did not overstay her former visa. She stayed in the USA for 3 months, and went back to the consulate and they cancelled it. Maybe it was a multiple entry visa... I've asked her to scan that page and email it to me so I can try to figure out why it was cancelled.

They dont care what you and your family have done or will do because they dont require visas to do whatever that may be. They do consider you ignorant for presuming she will be issued a visa simply because of your view of what they should do. You dont need to create evidence of what you will do because it has nothing to do with her case. Fake or not it simply doesnt matter to them.

Ok, let me try to put it another way and remove myself from the argument.

Right now, the fact that her fiance is a US citizen counts against her because it gives her a reason to overstay. So if her fiance has a one-way ticket to Thailand on Nov 29, her reason to overstay goes away.

On top of that, she has planned a wedding in Chiang Mai for Dec 8, rented a church, invited people, etc.

Are you saying they won't see it that way?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Certainly no ham in her applying, but make no plans on the basis she wil be successful.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: Thailand
Timeline
Posted

Fair enough.

She did not overstay her former visa. She stayed in the USA for 3 months, and went back to the consulate and they cancelled it. Maybe it was a multiple entry visa... I've asked her to scan that page and email it to me so I can try to figure out why it was cancelled.

Ok, let me try to put it another way and remove myself from the argument.

Right now, the fact that her fiance is a US citizen counts against her because it gives her a reason to overstay. So if her fiance has a one-way ticket to Thailand on Nov 29, her reason to overstay goes away.

On top of that, she has planned a wedding in Chiang Mai for Dec 8, rented a church, invited people, etc.

Are you saying they won't see it that way?

We are all trying to help and hope you know that as we go thru this.

You say you will remove yourself yet you again inject yourself into the situation. If they do that it may be a problem.

Yes when they see that she has a UCS fiance they certianly use that as part of the thinking. Will they see the USC as someone that lives in Thailand now and wants to in the future? The problem there is that they feel her ties are to you where ever YOU are. She enters the USA, as do you, her ties to Thailand become mute. Her life and future are centered around you. That is after all the whole reason for her travel this time. This idea must be offset and is very difficult to do.

The best advice I can offer would be for her to write a letter to submit with her application indicating her plans as you describe them but keep it simple. Remove all emotion. Present the facts. She may get lucky when the read that she has done all of this planning for the wedding in Thailand for example. That of course requires you to be there ect.

There is no way to present the case except on its own merits. No one here can say what they will do when they are given those facts because each case is unique just as yours is. Her past travel ect will play a part. She returned as she was supposed to which will help this case quite a bit. They will know that from her new application. As Karee said its 160 to find out and she doesnt have much choice.

Her former visa may have been cancelled because they changed the criteria and wanted to force her to apply again.

 
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