Tourist Visa or Transit Visa?

[coagulationfactor 2]

It's been a year since I last posted (they are embedded below). But a quick recap on my situation: 

 

I'm a USA-Costa Rican dual citizen living in Costa Rica. Strong ties to Costa Rica, less than to USA.

My fiancé is a Thai Citizen living in Thailand.

We have no intentions of living in the USA.

The ultimate goal is for her to have a USA tourist visa to be able to transit through and visit the USA with me for the future.

Planned trip for April of 2020 to visit the USA, her application was denied (most likely due to disclosure of a US boyfriend)

Attempted to travel to Switzerland instead, her Swiss tourist visa got approved but COVID-19 forced us to cancel that.

 

Like most people this year, we're just tired of the separation due to the pandemic and want her move to Costa Rica. That is the current goal. She can't get into Costa Rica unless she has a Costa Rican tourist visa, US tourist or transit visa, Canadian multiple entry tourist visa or an EU residency card. 

 

Unfortunately, a Costa Rican tourist visa is not an option at the moment because she'd need to travel to Singapore due to there being no embassy in Thailand and spend more than a week there. Then return to Thailand for a 14 day quarantine at an approved site.  

 

We'd also like to get married at some point, but are unsure if we should do that before/after applying for the US tourist visa. There's various "visa routes" she could take, and I'd just like see what you guys would do or what differently would you recommend. Keep in mind, the short term goal is for her to get to Costa Rica, long term is for her to eventually be able to visit the USA with me.  So here are the options that I see:  

 

1. Attempt to get a USA Tourist Visa again. Most people say that if her situation hasn't changed much, then there's no reason to expect a different decision. However, others have described the process as a "lottery". Although she speaks good English, when nervous she kind of stumbles on her words and sounds less confident. I suggested she attempt to only speak Thai and be a little more assertive (not aggressive of course). And because nothing has changed in her situation and this is her second time applying, I suggested her "tone" convey, in the shortest and sweetest manner possible, that the first denial was a mistake due to language / nervousness etc. Would that be advisable? Could there be any possible benefit to us being married before her applying?

 

2. Attempt to get a USA Transit Visa. I know that the Tourist and Transit visa applications are no different and she'd still need to show she intends on leaving the USA. On the other hand, a transit visa exists for a reason, and if her goal is simply to get to Costa Rica to where her fiancé (me) lives, it makes sense (in my eyes at least) that she apply for a transit visa. It seems easier and more in line with the narrative. But as usual I can see the CO's thinking she's up to something or trying to trick them by switching visa types. Recommendations? If this is the better option, could she reapply for a US tourist visa once established here in Costa Rica?  

 

3. Canadian Multiple Entry Tourist Visa. Any chance that this visa is easier to get, and is it possible to get if her intention is solely to get to Costa Rica?   

 

Thanks!   

 

 

 

[Boiler 43,436]

1. To my knowledge they are not interviewing B's currently so this is some time in the future I take it.

 

2. If she wants to try again she is certainly entitled to do so.

 

3.. Will her parents aso be applying? Did they visit?

 

4. Transit vs Visitor visa was extensively discussed last time, up to her.

 

5. Canada I do not know, they certainly like to come cross as more immigrant friendly so maybe, but they may have difficulty with an applicant who does not actually want to visit Canada.

[SusieQQQ 11,584]

The main difference between a tourist visa and a transit visa is that a transit visa has an expiry shorter than a month (well unless the month is February) while a tourist visa can be valid up to ten years. So the question is if she is staying in Costa Rica longer than a month and needs a visa to get back home via the US, well then a transit visa is not the way to go. Because US airports do not have transit areas the way most other countries do (you always have to cross the border after landing and there is no preventing exit the airport after that) the eligibility requirements are the same as a tourist visa.

 

but this confuses me:

 

10 hours ago, coagulationfactor said:

Like most people this year, we're just tired of the separation due to the pandemic and want her move to Costa Rica. That is the current goal. She can't get into Costa Rica unless she has a Costa Rican tourist visa, US tourist or transit visa, Canadian multiple entry tourist visa or an EU residency card. 

You are talking about her moving to Costa Rica but nowhere do you mention what the requirements for a permanent visa are? 

[coagulationfactor 2]

18 minutes ago, Boiler said:

1. To my knowledge they are not interviewing B's currently so this is some time in the future I take it.

 

2. If she wants to try again she is certainly entitled to do so.

 

3.. Will her parents aso be applying? Did they visit?

 

4. Transit vs Visitor visa was extensively discussed last time, up to her.

 

5. Canada I do not know, they certainly like to come cross as more immigrant friendly so maybe, but they may have difficulty with an applicant who does not actually want to visit Canada.

 

1. The embassy website says that routine immigrant and nonimmigrant visa services has resumed as of October 1st , 2020. 

 

3. I was mistaken, in the previous post I said her parents visas only had a validity of 1 year when it is actually 10 years. No, they didn't visit yet. 

 

  

 

 

[SusieQQQ 11,584]

18 minutes ago, coagulationfactor said:

 

1. The embassy website says that routine immigrant and nonimmigrant visa services has resumed as of October 1st , 2020. 

 

3. I was mistaken, in the previous post I said her parents visas only had a validity of 1 year when it is actually 10 years. No, they didn't visit yet. 

 

  

 

 

Indeed, it looks like Bangkok only has a wait time of 2 days to get a tourist visa appointment, so she may as well just apply and see what happens? https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html At least you’ll know one way or the other pretty quickly then, and you can take it from there.

[coagulationfactor 2]

36 minutes ago, SusieQQQ said:

The main difference between a tourist visa and a transit visa is that a transit visa has an expiry shorter than a month (well unless the month is February) while a tourist visa can be valid up to ten years.

Ah, my bad, I thought a transit visa would have a similar validity period as the tourist visa. The Costa Rica embassy website says it permits entry for those with C1 multiple entry (which I imagine just means able to do a round trip transit through the US within 29 days). This could work for a short visit to Costa Rica, and I guess it would appear "positive" that she would have entered/exited the US without overstaying for future visa applications. What I don't know is if being denied for a tourist visa once would make re-applying but for a transit visa seem even more suspicious. I know it's all speculation, but hearing other's "what I would do is..." does help. 

 

45 minutes ago, SusieQQQ said:

 

You are talking about her moving to Costa Rica but nowhere do you mention what the requirements for a permanent visa are? 

Costa Rica is different than the USA. According to a lawyer I consulted with, one can enter as a tourist, marry a Costa Rican national or resident and then apply for a temporary residence visa. In fact, I think it has to be done this way in the case of foreign national spouses because embassies don't process marriage visas, but I'm not sure if this was just what was suggested to me in this case. While the application is being processed, they are permitted to stay in the country or return home if they wish. So, in the case that she goes for the transit visa and to be able to enter Costa Rica, she'd need to book a round trip for a 2 - 3 week "visit". Of course, she'd arrive in Costa Rica with the correct legalized documents to get married/visa, apply for the residence visa and then remain here for the processing time until approval. With such a short validity period on the transit visa I don't think this is an ideal route though. I've got to figure out if a marriage certificate would be ready to be issued within 3 weeks to be presented to the immigration department for the visa...

 

 

 

 

 

[Chancy 6,233]

On 2/24/2021 at 12:27 PM, coagulationfactor said:

a transit visa exists for a reason

 

Transit visa is mostly for those working as part of an airline or ship crew.  Although people not in those professions may still apply for a transit visa, there's not much point in applying for one over a tourist visa.  The requirements are not easier and the applicant's stated purpose of travel does not matter much in overcoming the presumption of immigrant intent.

 

[SusieQQQ 11,584]

6 hours ago, Chancy said:

 

Transit visa is mostly for those working as part of an airline or ship crew.  Although people not in those professions may still apply for a transit visa, there's not much point in applying for one over a tourist visa.  The requirements are not easier and the applicant's stated purpose of travel does not matter much in overcoming the presumption of immigrant intent.

 

There are different (D) visas for crew members, so no. Some crew members may also need a one time C visa though.  If someone genuinely  just needs to transit the US why would they apply a tourist visa and not be able to properly answer the questions?

Edited February 25, 2021 by SusieQQQ

[Boiler 43,436]

There are some limitations on the C compared to a B but if someone wants to use it as a one way trip, which is likely to be the main concern they do not matter. I assume it was thought there was some merit in having a transit visa but they did not really think it through.

[jan22 2,898]

On 2/24/2021 at 8:35 AM, SusieQQQ said:

The main difference between a tourist visa and a transit visa is that a transit visa has an expiry shorter than a month (well unless the month is February) while a tourist visa can be valid up to ten years. So the question is if she is staying in Costa Rica longer than a month and needs a visa to get back home via the US, well then a transit visa is not the way to go. Because US airports do not have transit areas the way most other countries do (you always have to cross the border after landing and there is no preventing exit the airport after that) the eligibility requirements are the same as a tourist visa.

I'm confused by what you're saying here, but it doesn't appear to be accurate.  Like B visas,  the validity of transit visas can vary based on the reciprocity with an individual country.   A C1 transit visa for a Thai national can be issued for up to 60 months with multiple entries.  The maximum length of entry on a C1 is limited to 30 days. 

 

Since the application fees are the same and the same ineligibilities apply (including 214b on proving non-immigrant intent), it usually doesn't make sense to apply for a C1 instead of a B. If you're going to qualify for the C1, you would also qualify for the B visa.

[SusieQQQ 11,584]

A slew of Google hits say that a C transit visa has a maximum validity of 29 days or until the onward ticket leaves, but ok, if you say so. That makes kind of zero sense to me if that’s the way it works - I don’t see how staying for 30 days at a time (even once much less multiple times) can meet the requirements of immediate and continuous onward travel without doing any tourist or other stuff, but if that’s somehow  the case then it’s obvious why no one seems to get them.

 

I’m assuming you were not confused by the statement that the US does not have sterile transit areas. This is the precise reason why the ineligibilities are the same as a B visa. In most other countries someone on a transit visa never leaves the transit area of the airport ( occasionally there is a limited time allowed  to leave the airport example uk to get from heathrow to gatwick  or vice versa)

[Adventine 3,187]

I always thought that transit visas had those periods to anticipate any last minute changes in schedule, whether for airline crew or ship crew. Or for cruise ship workers, if the cruise schedule has multiple stops at several US ports.

[coagulationfactor 2]

24 minutes ago, SusieQQQ said:

I’m assuming you were not confused by the statement that the US does not have sterile transit areas. This is the precise reason why the ineligibilities are the same as a B visa. In most other countries someone on a transit visa never leaves the transit area of the airport ( occasionally there is a limited time allowed  to leave the airport example uk to get from heathrow to gatwick  or vice versa)

Yes, I understand this clearly. Transiting the USA means entering the USA, unlike most countries. If US transit visas have longer validity periods as I initially assumed, my thinking was that although both require overcoming the same assumption of intent to immigrate, a CO might "buy" the narrative and it seems less complicated for my fiancée to explain.

 

Example, for a transit visa: "I want to visit my fiancé that lives in Costa Rica, there's no Costa Rican embassy in Thailand but they accept US visas for entry which is why I need a US transit visa."

 

Or for a tourist visa: "I want to visit my fiancé that lives in Costa Rica, there's no Costa Rican embassy in Thailand but they accept US visas for entry. He also has family in the US so I'd like to use it to visit the US." 

 

Now that I read this, both ways sound kind of confusing. I don't know. I think I'm just stuck and a bit stressed out. I really don't know how to help her practice answering CO type questions. The "simple" truth just sounds too long and complicated when spoken out loud. Sucks because the first denial really hit her hard, I wish I could do more. 

 

Anyway, thanks to everyone for your responses.  

[SusieQQQ 11,584]

1 hour ago, Adventine said:

I always thought that transit visas had those periods to anticipate any last minute changes in schedule, whether for airline crew or ship crew. Or for cruise ship workers, if the cruise schedule has multiple stops at several US ports.

Crew have different visas, D visas. Sometimes combined with transit, but they do not mostly use the transit part except when they are joining their vessel in the US.

 

22 minutes ago, coagulationfactor said:

Yes, I understand this clearly. Transiting the USA means entering the USA, unlike most countries. If US transit visas have longer validity periods as I initially assumed, my thinking was that although both require overcoming the same assumption of intent to immigrate, a CO might "buy" the narrative and it seems less complicated for my fiancée to explain.

 

Example, for a transit visa: "I want to visit my fiancé that lives in Costa Rica, there's no Costa Rican embassy in Thailand but they accept US visas for entry which is why I need a US transit visa."

 

Or for a tourist visa: "I want to visit my fiancé that lives in Costa Rica, there's no Costa Rican embassy in Thailand but they accept US visas for entry. He also has family in the US so I'd like to use it to visit the US." 

 

Now that I read this, both ways sound kind of confusing. I don't know. I think I'm just stuck and a bit stressed out. I really don't know how to help her practice answering CO type questions. The "simple" truth just sounds too long and complicated when spoken out loud. Sucks because the first denial really hit her hard, I wish I could do more. 

 

Anyway, thanks to everyone for your responses.  

I know you understand, I was responding to the poster who said he was confused by my post.

but

your first example makes no sense to a US CO. He is not going to issue her a US visa just to help her get into Costa Rica. He will (hopefully) issue her one if her flight goes via the US and she needs a transit  visa as a result. 

Edited February 26, 2021 by SusieQQQ

[Adventine 3,187]

4 minutes ago, SusieQQQ said:

Crew have different visas, D visas.

 

 

I see - I was thinking of the hybrid C1/D visas - Crewmember Visa (state.gov)