Strange

True, but those possessing the attributes you just mentioned are the ones who are usually successful in obtaining a tourist visa. It is usually difficult for Thais (not unlike others from TWCs) to procure tourist visas as plenty have abused that privilege and have 'forgotten' to return home at the end of their authorized stay.

A fiance/spouse of a USC is automatically considered to have "immigrant intent." Property and cars don't do much to counteract that presumption. To obtain a B2, one needs to demonstrate convincing "non-immigrant intent." One can't possess "dual intent." -- Straight from an official at the US Consulate-General, Calcutta to Visajourney.

Yeah your right, its just ANNOYING. I mean, if they just take the time to look at everyone INDIVIDUALLY and taking the time to hear them out... I was not even allowed to go into the interview so I couldnt defend myself or say anything. FRUSTRATING

Well then what exactly will counteract the presumption of "Immigrant Intent"? I mean, dual intent? All these terms that are broad? We just want to go to Disney Land and the beach. Thats all.

Im not really sure I understand dual intent. I mean we have to show that she will return to thailand, and what we are going to do when we vacation in the states.

It would be better to start your own thread rather than take this one off track to discuss your situation.

First of all, not trying to be rude, but your first line is the main reason that I rarely participate in web forums. People are too quick to police the threads and its REALLY annoying. As the other poster ssid, I am the OP and this is my thread.

It is almost impossible for a Thai to get a tourist visa. It is totaly impossible if the Thai female indicates she will be going to the USA with or to visit her USC boyfriend.

Well, I have NO idea how ANYONE gets a tourist visa then, unless they are COMPLETELY independent, with good wages, a home in thier name, kids, family, excellent government job... Not everyone has that situation.

Every person with a visa is considered as an intending immigrant. That means they believe she will not return. Once she enters the USA you could attempt to petition for a change of status to obtain a immigrant visa. Read the strongest ties rule & you will see how that affects every attempt to get tourist visas. There is nothing to support the idea that either of you needs to return to Thailand. Motorcycles, rental houses ect are meaningless. Once the officer determined she couldnt meet the strongest ties rule there wasnt any reason to ask questions.

How are you supposed to PROVE strong ties to your home country if living arrangents & proof are not enough??? Rental agreements, cars, Bills, are ALL ties to thailand. Also, your statements totally go against what the immigration guy said to my girl. He said that I (THE BOYFRIEND) dont have strong enough ties to thailand and therefore he can not issue the visa. He said "Maybe we should travel together more" Girlfriends like "We have been to bali, singapore, south africa, hong kong, laos, cambodia, etc.." He didnt even look at her passport. He didnt even give a ######. He just saw something that he didnt like, and made his mind up RIGHT THEN. He also said "it might be better if we were married". All im saying is that what you are saying and what the guy said are opposites.

If you marry there is NO chance of getting a tourist visa. Her ties are then stronger to her husband than to Thailand. They will not issue the tourist visa. Even if they did she would be turned away at the POE.

Well that one is a bold, sweeping generalization that is totally false. I personally know and work with guys that have got thier wife to the states for visits on a tourist visa.

Having more of any property of any type in Thailand will not change the outcome. It is true that you will have to marry to have a chance to get her a CR 1 visa. Use V J to better educate yourself about the immigration process before you proceed.

I am using VJ, hence the thread you are replying to. Fair enough that its hard to get a tourist visa for the states, but surely there must be a way?

By the way, are you an embassy/consulate employee? What is your experience in this subject? Again, not trying to be rude, im just trying to decide if I should listen to you or not.

Anyway, thanks to the others that replied. All this information is very useful.

This is sound accurate advise with some exception.

My husband lived in Thailand for two years after we married. I applied 3 times for a tourist visa but was denied each time. Finally an officer told my husband they were NOT allowed to issue tourist visas to Thais married to USCs because of the " strongest ties " rule. Those ties are to the husband upon entry to the USA no matter what the previous situation might have been.

Having said that I think Kathryn is right in that you may be able to present the case that both of your lives are & will be centered outside the USA. You wil have to do an outstanding job at explaning that in a letter to be turned in with the tourist visa application. You will not be allowed at the interview to discuss the situation so it must be done in writting.

Later if you choose to live in the USA the DCF would be the best way to get a CR 1.

When we applied for the tourist visa, the guy doing the interview didnt even look at her evidence at all. He read my letter and in it I said that I was living in thailand on tourist visas. Me being 27, not married to a thai, not old enough for a retirement visa, and not working in thailand, I cant get a non immigrant class long term visa. Its impossible. We rent a house (Her name on the contract) Financed a car (In her name also) Ive got 2 1000cc Yamaha R1's both in her name, about a BILLION pictures of us everywhere in SEA. In the end, they guy said that I (the boyfriend) do not show strong enough ties to THAILAND and he can not grant her the visa. My girlfriend was shatterd, and asked him what we are supposed to do. She told him that we didnt want to get married because of visa issues, and he replied back that it might be better to be married. #######??? Man its sad. She waited for 5 hours in there, and the guy called her over, then promptly told her no. Didnt even give a ###### to ask her any questions.

So I was thinking we might stand a better chance at getting a tourist visa after we get married and I change over to non immigrant long term visas. Might even put more stuff in my name as well. That whole embassy ordeal made me disgusted.

If you have no plans to live in the US in the immediate future, then you may wish to proceed with your plans to marry, travel as you can while residing outside of the US and postpone plans to get your wife US immigration documents until after you are ready to return to the US to live. After marriage, it may be easier for her to get a visitor's visa to join you on a visit to the US, as long as you are both able to provide evidence of ties to your life outside of the US as reassurance she would not be trying to bypass the appropriate immigration process. It is virtually impossible for a single Thai woman involved with but not married to a US citizen to get a visitor's visa because the immigration risk is considered too great.

If, after marriage and living/working abroad, you decide you would like to return to the US to live you can file overseas through what is known as 'Direct Consular Filing' (DCF). You have to have legal status in the country from where you are filing with the local US Consulate and be able to prove you have established or will re-establish domicile back in the US, but it is a faster process altogether, and may suit your needs better.

Once living in the US as a permanent resident, your wife would qualify to file for US citizenship after 3 years (as long as the two of you are still married and together) and then, if you wanted, you could both come and go as you please. There is no way for her to get US citizenship, however, without meeting the permanent residency and physical presence requirements of living within the US. Just having a green card is not enough - she would need to be living in the US as well.

If your intent is not to live in the US at this time, then a green card would be of no use to her because she needs to maintain physical residency in the US in order to retain her permanent residence status. She can't live overseas.

Yeah I dont want to live in the US right now and I dont want to bring my girl back with me until Im ready to work and live there permanantly. I just dont want to dump her off there and then leave the country for 1-2 months at a time.

So let me make sure I understand this... Lets say we are already married in thailand. We then would do all the things needed for the CR-1 Visa. She gets it, and we go to the states and get legally married. We will be married less than 2 years obvieously, so she will be on a probational visa for 2 years? Is that right? And when she comes to the states, she has to stay there for 3 years until she can apply for permanant residency? With a green card she can work, get a drivers liscence, open a bank account, get credit cards, and all that right? So when she gets her visa, goes to the usa, immediately gets her green card, lives there for 3 years, then she can get the passport? If thats the case then it looks like you are right and we should wait until we are ready to live in the states.

I am so confused about what visa to apply/petiton for. Im new at all this, so let me just tell you guys about my situation and what you think the best choice/option should be.

Im a 27 year old offshore oil worker, im from the states, and I have been living in thailand in my off time. I have been with my Thai Girlfriend for 3 years (also 27). We applied for a tourist visa recently and got denied. It was a huge dissapointment to say the least. So now we are looking at our options. The goal is for her to get a US passport and freedom to travel with me.

We are not married yet, but have been talking about it and I heard there was some difference about applying for a K-1 fieonce visa and a K-3 Spouce visa. I heard that once in the states, you have to file for adjustment of status, and that takes like 6+ months. Ideally I dont want her to have to go to the states and sit there alone for 1-2 months at a time waiting for the adjustment of status while I am at work overseas. We dont have any plans to live in the states, but, I want us to have the option.

So I guess my question is:

Should I marry in Thailand and apply for the Spouce Visa or wait and apply for the K-1. Like I said, I dont want her to have to go to the states and be alone not knowing anybody waiting for the adjustment of status.

I dont know if this is the right sub-forum, but im just about as confused as I can get. I would really appreciate a little guidance here.