Seeking advice for Thai/US couple - What US visa path to take?

[Dashinka 25,872]

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 9]

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 44,500]

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 9]

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 44,500]

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 25,872]

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 96]

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 96]

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 466]

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

 

[PeachyTocker 9]

Update: She received a 10 year B1/B2 visa for USA. This was the right outcome for our life intentions. 

 

The internet is completely full of information saying "don't mention the USA boyfriend that ties her to USA" whereas the interview heavily involved questions about me (the American boyfriend) and went positively.

 

 

[Edward and Jaycel 1,930]

7 hours ago, PeachyTocker said:

Update: She received a 10 year B1/B2 visa for USA. This was the right outcome for our life intentions. 

 

The internet is completely full of information saying "don't mention the USA boyfriend that ties her to USA" whereas the interview heavily involved questions about me (the American boyfriend) and went positively.

 

 

Great news!!

[yddapoel 1]

On 7/4/2025 at 2:21 AM, PeachyTocker said:

Update: She received a 10 year B1/B2 visa for USA. This was the right outcome for our life intentions. 

 

The internet is completely full of information saying "don't mention the USA boyfriend that ties her to USA" whereas the interview heavily involved questions about me (the American boyfriend) and went positively.

 

 

I back-read this entire thread, because you have very similar circumstances, perspectives and life goals as we do. You juggled all the same issues we considered.

 

In our case, we also began with the assumptions that:

• A B2 visa was (by far) the optimal solution - but we thought it had close to 0% chance of approval
• A CR1 visa was heavily recommended by this forum, but we maintained our view that K1 was, when taking into account all practical factors, the best way to achieve the biggest milestones that matter most (quickest path to US travel, quickest path to citizenship) and we got in line.
• An online wedding and similar solutions were off the table also for obvious reasons exactly as you described.
• At the start of 2025, CR1 processing time was 1-2+ years, roughly. Our conclusion about K1 being the best option seems to have grown even more true in recent months when both CR1 and K1 processing (and just about all processing) has slowed down dramatically, with CR1 becoming even slower than it already was - very possible that recent CR1 filers may face much longer than a 2 year wait.

However: Your success in approval for B2 comes as a major surprise and makes us reconsider giving it a go!

 

I am not sure if having already filed an I-129F application (still at the first stage of waiting for approval) would affect the B2 application.

 

But it makes me reconsider the viability as definitely not being impossible anymore.  

 

You mentioned the questions in the interview were mostly about you, rather than her. Perhaps with me (the sponsor) securing a stronger residency or employment visa to strengthen the case (we are in PH, not as many visa options available as Thailand), or carefully considering how to answer things in the interview and what evidences to present, might make it doable.

 

Curious if you have any other insights about what helped the application and interview be successful?

[OldUser 9,940]

58 minutes ago, yddapoel said:

quickest path to citizenship)

How is K-1 quicker than CR-1 for citizenship? 

 

Requirements are same for LPR who came under CR-1 or K-1:

 

1) Being married for 3+ years

2) Being LPR for 3+ years

 

With CR-1 you're already married when you file, so clock on condition #1 gets started earlier.

 

For condition #2, adjustment of status takes time. The time while waiting for GC doesn't count towards condition #2

 

 

CR-1 provides better protection for immigrant from multiple perspectives:

 

1) Travel bans make exceptions for spouses, but not for fiances

2) K-1 can expire

3) US citizens occasionally play games AKA "I changed my mind about marrying", "I cannot afford the fees" etc. And K-1 are more vulnerable to this.

 

 

As a foreign beneficiary, I'd feel a lot more confident with CR-1 being filed for me, and not K-1.

 

As a petitioner, I'd also be more confident about outcome with CR-1 compared to K-1 and to me it would be important to show real commitment (CR-1) and not a promise (K-1).

 

Finally, to many foreigners, traditional marriage back in their home country is important. CR-1 gives excellent opportunity to do this.

 

I'm totally aware this is just my opinion, and others may have valid reasons to go K-1. But I see fewer of these reasons in 2025.

Edited Sunday at 07:31 PM by OldUser