Seeking advice for Thai/US couple May 2025

[Dashinka 25,575]

28 minutes ago, Starnexus said:

I'd say you may have a chance (depending upon your specifics) for a B1/B2. Since you have no intention of residing in the US with her applying for a K-1/CR-1 visa may not be the best route since it's technically visa fraud. Additionally the K-1 requires income except in cases of extraordinary assets which it seems you have.  Also, you can only do two K-1s in your lifetime and the K-1 will take about a year to be processed at this point.  I know someone who does difficult cases. 

I agree with you in theory, but how does the B2 applicant prove their USC significant other does in fact have no plans to repatriate?  It can be a high bar to overcome the consulate's presumption of a B2 applicant's immigration intent as required by law when all an applicant gets is the DS160 and a 1-2 minute interview.

[PeachyTocker 5]

1 hour ago, Starnexus said:

I'd say you may have a chance (depending upon your specifics) for a B1/B2. Since you have no intention of residing in the US with her applying for a K-1/CR-1 visa may not be the best route since it's technically visa fraud. Additionally the K-1 requires income except in cases of extraordinary assets which it seems you have.  Also, you can only do two K-1s in your lifetime and the K-1 will take about a year to be processed at this point.  I know someone who does difficult cases. 

 

It would be rich if the B2 visa was denied due to "intent to remain in the USA" and then we got accused of fraud on K1 because of "no intent to remain in USA"

 

As I said, we do intend to follow the legal residence requirements of whichever visa is issued. We will have the answer on whether that is K1 or B2 by the end of next month.

 

We have no intention of participating in any Utah weddings or discussing wedding consummation with any other human.

[Crazy Cat 43,887]

3 minutes ago, PeachyTocker said:

discussing wedding consummation with any other human.

Consummation, in USCIS terms, means being in the same location either during or after a marriage ceremony.

Edited May 28 by Crazy Cat

[PeachyTocker 5]

51 minutes ago, Dashinka said:

I agree with you in theory, but how does the B2 applicant prove their USC significant other does in fact have no plans to repatriate?  It can be a high bar to overcome the consulate's presumption of a B2 applicant's immigration intent as required by law when all an applicant gets is the DS160 and a 1-2 minute interview.

 

I will send her in with a copy of my Thai visa and proof of my occupation (not job) in Thailand, but beyond that it will likely be dependent on the mood of the government employee. I certainly am not betting the farm on a positive result. If anyone has other suggestions on what information or storyline to equip her with, please share. 

[Crazy Cat 43,887]

2 minutes ago, PeachyTocker said:

 

I will send her in with a copy of my Thai visa and proof of my occupation (not job) in Thailand, but beyond that it will likely be dependent on the mood of the government employee. I certainly am not betting the farm on a positive result. If anyone has other suggestions on what information or storyline to equip her with, please share. 

I think there is certainly a chance for a B2.  We have seen seemingly doubtful cases approved.  Hopefully, she will get a CO who is in a good mood that day.  

[Dashinka 25,575]

24 minutes ago, PeachyTocker said:

 

I will send her in with a copy of my Thai visa and proof of my occupation (not job) in Thailand, but beyond that it will likely be dependent on the mood of the government employee. I certainly am not betting the farm on a positive result. If anyone has other suggestions on what information or storyline to equip her with, please share. 

That is a good idea, and you are right, it will depend on the mood of the consulate employee that conducts the interview.

 

Good Luck!

[DELTAFOXTROT 94]

3 hours ago, Dashinka said:

I agree with you in theory, but how does the B2 applicant prove their USC significant other does in fact have no plans to repatriate?  It can be a high bar to overcome the consulate's presumption of a B2 applicant's immigration intent as required by law when all an applicant gets is the DS160 and a 1-2 minute interview.

He has a Visa to live in Thailand.

 

For some reasons CO love to see that and seems to be a game changer for getting approved for visa for a partner, or at least it is in Philippines, can't see it being much of a difference in Thailand. 

[DELTAFOXTROT 94]

2 hours ago, PeachyTocker said:

 

I will send her in with a copy of my Thai visa and proof of my occupation (not job) in Thailand, but beyond that it will likely be dependent on the mood of the government employee. I certainly am not betting the farm on a positive result. If anyone has other suggestions on what information or storyline to equip her with, please share. 

Seems like a good plan to me

Good Luck

 

[W199 445]

11 hours ago, PeachyTocker said:

 

It would be rich if the B2 visa was denied due to "intent to remain in the USA" and then we got accused of fraud on K1 because of "no intent to remain in USA"

 

No, don't worry about that.  It is quite normal and commonplace for couples to get engaged and do a K1 after being denied another visa.   In fact, after my fiancee got denied a student visa for a Master's degree (because she had a bf in USA), , despite my original plan to retire in the Philippines. We then changed our mind 2 weeks later and did a K-1 since we didn't want to lose each other.  They never even asked.  It didn't affect her K-1, nor affect her tourist visa to meet in Canada while we waited for the K-1