Integrity Legal

For many Americans the Tourist visa is the travel document that comes to mind when discussing US Immigration. For Immigration based upon a family relationship the Tourist Visa is the worst option when an American Citizen spouse or Fiance is seeking to bring the foreign fiancee or spouse to the USA in order to remain.

One of the main reasons why the tourist visa is not an option that should be contemplated when making family immigration decisions stems from the fact that the purpose of the US tourist visa is misunderstood and the visa itself has been greatly misused in the past. A US Visitor Visa is intended for short term recreational purposes only. Similarly the US business visa is meant for short term business endeavors in the USA (conferences, trade shows, etc.) Neither are designed for use by those who seek to have their loved one remain in the USA permanently.

Consular officers making a judgment call on a US visitor visa must be convinced that the applicant has overcome the statutory presumption of immigrant intent. This doctrine stipulates that the applicant for a tourist visa is a presumed immigrant until they can demonstrate that they are strongly connected to a place outside of the USA. So connected, in fact, that they are more likely to leave the United States in order to return to that location than they would be to remain in the United States past their visa expiration.

A major misconception regarding practically any visa is the idea that it confers a “right” to enter the United States of America. In reality, the visa confers a right to present themselves at the border and upon inspection and approval from the Immigration officer, be admitted to the United States. Even at a United States port of entry, it is possible for the traveler to be turned away if the Immigration officer feels it is necessary. As a practical matter, this rarely occurs due to the fact that most entrants to the USA have a legitimate reason for entry.

Since September 11, 2001 US Immigration officials have been more zealous in their enforcement of US Immigration rules and regulations and as a result the scrutiny placed upon entrants to the US, whether they intend to immigrate or not, has increased.

Due to the fact that the US tourist visa is intended for non-immigrant purposes and the fact that scrutiny of non-immigrants to the US has increased. It is now highly advisable that those wishing to bring a loved one to the USA use the proper travel document. For those seeking to bring a loved one that they are not married to, a K-1 visa may be an appropriate option. While those with an overseas wife might opt for the K-3 visa, CR-1 Visa, or IR-1 Visa depending upon the couple’s circumstances and immigration goals.

Be advised that entering the USA on a visitor visa with anything other than NON-immigrant intent, could be viewed as an attempt to defraud immigration officials and lead to criminal or civil penalties as well as a possible later finding of inadmissibility. If deemed inadmissible, one can only be admitted to the USA after application for a waiver.

(Please note: this post is not a substitute for legal advice. For proper legal advice seek the counsel of a licensed attorney. No part of this piece should be construed as forming an Attorney-client relationship between author and reader.)

Tags: 214 b, American Visa Thailand, B-2 Visa, B2 Visa Thailand, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visitor Visa Thailand, Waiver
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

An issue that many Thai-American couples grapple with is that of deciding whether or not to register a marriage in Thailand or wait and conduct a marriage in the United States. This is an issue that can have a major impact on a Thai-American couple’s US Immigration options because United States Citizenship and Immigration Services as well as the US Embassy in Thailand view a couple with a registered marriage differently than a couple without a registered marriage. Also, a US Citizen’s marital status vis-a-vis a Thai Fiancee or Thai wife will affect the processing time for the type of visa being sought, and not in a way that most people expect.

The Irony of K1 Visas from Thailand: Why being Unmarried may be Beneficial

A counter intuitive aspect of K1 visas is the fact that they are generally a faster visa and immigration option than a marriage visa. This is due to the fact that there seems to be a lower case backlog of K1 visas at USCIS when compared to CR-1 and IR-1 Visas.  Also, the fact that a K1 visa is a non-immigrant visa might lead to less scrutiny from both USCIS and the US Embassy because the visa does not confer permanent residence, conditional or otherwise. This is not to imply that either adjudicators at USCIS or consular officers at the US Embassy in Bangkok are not fully conducting due diligence, but instead there seems to be an inherently lower level of scrutiny for non-immigrant visas when compared to immigrant visas. This is also true when comparing the K1 visa to a US tourist visa because the applicant for that visa must overcome the 2statutory presumption of immigrant intent. Since a fiance visa is a “hybrid visa” there is no need to overcome the presumption of immigrant intent threshold in order to be granted the visa, as with other non-immigrant visas.

Marriage Visas from Thailand

Some people who have already married in Thailand ask if it is possible to register a Thai divorce and subsequently apply for a K1 visa. Although technically feasible, the discretionary power of adjudicators in both USCIS and the Embassy in Bangkok could result in a finding that the relationship is not bona fide because the couple is divorced only to enjoy the benefit of faster processing times of the K1 visa over the US Marriage visas. For those married and residing in Thailand it may be possible to apply for an immigrant visa at the local USCIS office in Bangkok, in this situation marriage registration may be a boon to the Thai-American couple.

Thanks for reading, for more information please see: Marriage Registration Thailand or US Visa Thailand

(Please note: this writing is intended for informational purposes only and should not be utilized as a substitute for legal advice from a Licensed US Immigration Lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, CR-1 Visa Thailand, IR- Visa Thailand, K1 Visa Thailand, Marriage Registration Thailand, US Marriage Visa Thailand, US Tourist Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration, US Visa Thailand | No Comments »

The B-2 Tourist Visa is designed to allow the bearer entry into the USA for the sole purpose of visiting for short time leisure or entertainment. The Tourist Visa for a Fiancee or Spouse is generally not advisable because it is likely that a Thai applicant  for a Tourist Visa (in a relationship with an American) will be turned down due to a failure to overcome the presumption of immigrant intent made by the consular officer adjudicating the visa application. As a US Visa Lawyer I generally advise against the tourist visa unless the applicant truly fits the statutory elements requisite to obtain this travel document.

The Presumption of Immigrant Intent and the US Tourist Visa

Under Section 214(b) of the United States Immigration and Nationality Act (INA) there is a legal presumption that all applicants for non-immigrant visas (such as US B2 tourist visas and F-1 student visas) are actually “intending immigrants”. To put this another way, there is a legal presumption that a non-immigrant visa applicant intends to overstay in the United States in violation of the restrictions inherent to the visa. Therefore, the burden of proof is placed upon the applicant to establish that they will depart from the US at the conclusion of their stay in the USA. To overcome the presumption of immigration the applicant must prove through quantifiable evidence that they posses strong ties to their mother country (in this case Thailand) and weak ties to the United States. In the best case scenario these strong ties to Thailand should show that the applicant is essentially  required to leave the United States and return to Thailand at the end of their proposed trip.

This presumption becomes a major issue where a Thai-American couple wishes to obtain a US Tourist Visa for the Thai National in order to visit the USA. As stated above a “strong tie” such as having an American partner in a relationship could result in denial because there can be a plausible inference that the Thai may go to the United States and never return because they will remain in the United States with their loved one.

Visa Fraud Using the US Tourist Visa

Another issue that comes up with regard to US Tourist Visas for Thais is the issue of visa fraud and adjustment of status once present in the USA. It is technically visa fraud to enter the US on a Tourist Visa with intent to marry an American and adjust status. Many applicants in the past used the Tourist visa as an expedited alternative to the usual channels for US Family Immigration (K1 Visa and the US Marriage Visa) .  In a way, this past practice has resulted in heightened scrutiny on the part of the consular officers adjudicating B2 applications. The upshot of this heightened scrutiny seems to be a higher rate of rejection of those applicants for a Tourist Visa who have an American loved one (specifically, boyfriend, spouse, or fiancee, although the author cannot speak about those applicants who have other American relatives).

Tags: American Tourist Visa Thailand, B2 Visa, US Tourist Visa, US Tourist Visa Bangkok, US Tourist Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 2 Comments »