Return visits on a B-2 visa from Thailand?

[Rich Z 0]

On 2/8/2025 at 3:07 AM, appleblossom said:

The easiest thing would be for her to spend less time in the US and then she can just use travel insurance. Honestly, your plan for her to spend so much time in the US is fraught with problems from taxes, to healthcare, and risking her visa being taken away altogether. It really would be far easier all round if you just rethink her intended travel pattern. 

I guess everyone's mileage will vary. She had no problems getting here.  She told me that immigration was very supportive and helpful. She answered all the questions openly and honestly.  She said she is staying in the US for 6 months and staying with her boyfriend (me).  She said they were supportive and happy for her. It was an overall pleasant and stressless experience.

 

So why would her VISA be taken away simply because she is using it the way it is legally permitted?

I am seeing an immigration attorney next week. I think that is really my best bet. I already spoke to him earlier about my girl coming here for 6 months and he said there would be no problem with that as long as she doesn't have any history of overstaying her VISA and has done everything in the past legally and by the book.

 

Seriously, why issue a VISA that allows stays of up to 6 months at a time if a person will be subjected to sanctions because they use it as legally intended? Sorry, that just does not make any sense to me at all.

 

[appleblossom 3,815]

29 minutes ago, Rich Z said:

Seriously, why issue a VISA that allows stays of up to 6 months at a time if a person will be subjected to sanctions because they use it as legally intended? Sorry, that just does not make any sense to me at all.

 

Because 9 months in a year isn’t using it ‘as legally intended’. That’s not normal tourism. 
 

Make sure she files her US tax return next year as mentioned above - risking annoying immigration is one thing but she really doesn’t want to get on the wrong side of the IRS! 
 

 

[Boiler 46,840]

She could just be waived through, but they may well wish to question her, who gets so much vacation?

[TBoneTX 46,885]

2 hours ago, Boiler said:

who gets so much vacation?

She's retired, I think the OP said.

 

Rich, if she's admitted for the 6-month visit, make sure that her return flight isn't on the very last day* of the 6 months!  Weather, mechanical issues, and political circumstances can delay flights.  An overstay would be a disaster.  Enjoy your time together, but also plan sensibly.

 

*this goes for any visit

Edited April 23 by TBoneTX

[Rich Z 0]

On 4/23/2025 at 12:53 AM, TBoneTX said:

She's retired, I think the OP said.

 

Rich, if she's admitted for the 6-month visit, make sure that her return flight isn't on the very last day* of the 6 months!  Weather, mechanical issues, and political circumstances can delay flights.  An overstay would be a disaster.  Enjoy your time together, but also plan sensibly.

 

*this goes for any visit

 

Yes, I did take that into consideration. She will be going back to Thailand at the end of September. Hurricanes are not unusual here at that time, and that would really throw a wrinkle in  "down to the wire" flight plans. So she is going back a week before the 6 months limit is up.

 

Talked with an immigration attorney this past week. Interesting conversation.  He mentioned that not knowing my plans concerning marriage, if any, he advised me to definitely not plan on marrying within 30 days of her coming to America, and be very retrospect of it between 31 days and 90 days. That is when using the B1/B2 VISA. Apparently within 30 days marriage triggers a claim of fraudulent use of the VISA, and the 31 to 90 day bracket triggers "rebuttable fraud".  Only after 90 days will it be unquestioned as hapstance. Now he could not answer for me as to whether the K1 VISA can be concurrent with a B1/B2 VISA. From what I understand, with the K1 VISA, she would have to remain in Thailand till approval, then come to the USA and have 90 days to get married or be in violation. But if she already has a B1/B2 VISA, could she not come to the USA without that K1 waiting period?

 

As for health insurance, not sure about this.  But checking online, it appears that she would be able to apply for Medicare after being married for 1 year. She is 67 years old. Of course, we would have to pay out of pocket, since I do not believe there is any way she could qualify for USA Social Security without working for 10 quarters here. Not that we would need that money anyway, but it would be nice to have at least the Medicare fees covered.

 

The attorney saw no problems with our plans. He said Florida is a prime destination from many countries for tourism, so her making multiple trips here for long durations (as long as within legal limits) should not be a problem.

 

For the record, not really sold on the marriage thing right now, just looking at options and the pros and cons. But honestly, I would be VERY hard pressed to find a more wonderful woman. And after all the scammers I had to weed through with the internet dating #######, I sure as heck don't want to have to go through that nonsense again.

[Rich Z 0]

On 4/22/2025 at 9:24 PM, appleblossom said:

Because 9 months in a year isn’t using it ‘as legally intended’. That’s not normal tourism. 
 

 

 

The USA is a big country. How long would it take you to see it all? Heck, just in Florida alone, it would take me years to show her all of the places that are attractive to tourists and locals alike. And that would be only visiting each place a single time.  If someone can afford to be a long term tourist within the legal confines of their VISA, then why not? Florida LOVES tourists and welcomes them all with open arms.

 

If they own their own home in their native country and have provable ties there, who is to say what is normal or not for their situation? She is retired. She can go and do what she pleases as long as we both can afford it and not violating any black and white laws in doing so.  Heck, I was in Thailand for 3 weeks. I didn't even scratch the surface of all the places to visit there. Heck, it would probably take me years just to visit all of the waterfalls in that country.

 

Is there a legal "black and white" definition utilized for the term "tourism" as applies to the B1/B2 VISA? Heck, I have been living here in north Florida for about 34 years and STILL not considered as a local by the natives. I am likely just a tourist in their eyes.

[Boiler 46,840]

You definitely need a lawyer to advise you, not the one you spoke to, a competent Lawyer.

[appleblossom 3,815]

13 hours ago, Rich Z said:

 

The USA is a big country. How long would it take you to see it all? Heck, just in Florida alone, it would take me years to show her all of the places that are attractive to tourists and locals alike. And that would be only visiting each place a single time.  If someone can afford to be a long term tourist within the legal confines of their VISA, then why not? Florida LOVES tourists and welcomes them all with open arms.

 

If they own their own home in their native country and have provable ties there, who is to say what is normal or not for their situation? She is retired. She can go and do what she pleases as long as we both can afford it and not violating any black and white laws in doing so.  Heck, I was in Thailand for 3 weeks. I didn't even scratch the surface of all the places to visit there. Heck, it would probably take me years just to visit all of the waterfalls in that country.

 

Is there a legal "black and white" definition utilized for the term "tourism" as applies to the B1/B2 VISA? Heck, I have been living here in north Florida for about 34 years and STILL not considered as a local by the natives. I am likely just a tourist in their eyes.

 

That’s a heck of a lot of hecks. 😂 Look, we’re just giving you advice based on what we’ve seen here before, it’s of course your decision. She may get lucky, but if she doesn’t, then you need to be prepared to visit her instead for quite some time. I wouldn’t personally take the risk (particularly with the current administration), and just the healthcare/tax hassles alone would make me do shorter visits, but it’s up to you. 

 

And I agree with @Boiler, get a second opinion from a different immigration lawyer. Just search ’90 day rule’ on the forum for info on why the first lawyer you spoke to may not be worth listening to. 

 

Good luck. 

Edited Thursday at 08:11 PM by appleblossom

[Rich Z 0]

On 5/1/2025 at 9:46 AM, appleblossom said:

 

That’s a heck of a lot of hecks. 😂 Look, we’re just giving you advice based on what we’ve seen here before, it’s of course your decision. She may get lucky, but if she doesn’t, then you need to be prepared to visit her instead for quite some time. I wouldn’t personally take the risk (particularly with the current administration), and just the healthcare/tax hassles alone would make me do shorter visits, but it’s up to you. 

 

And I agree with @Boiler, get a second opinion from a different immigration lawyer. Just search ’90 day rule’ on the forum for info on why the first lawyer you spoke to may not be worth listening to. 

 

Good luck. 

Som what would be the downside of my waiting 90 days IF I decide to marry this woman?

[OldUser 8,880]

5 minutes ago, Rich Z said:

Som what would be the downside of my waiting 90 days IF I decide to marry this woman?

Will she be in status in 90 days?

[appleblossom 3,815]

20 hours ago, Rich Z said:

Som what would be the downside of my waiting 90 days IF I decide to marry this woman?

The point was there’s no such thing as the ‘90 day rule’. Marrying earlier than that wouldn’t make any difference. 

[Rich Z 0]

10 hours ago, appleblossom said:

The point was there’s no such thing as the ‘90 day rule’. Marrying earlier than that wouldn’t make any difference. 

So this attorney I went to just made it up?