Get A US Tourist Visa For Your Thai Girlfriend
The United States Immigration process is one of the toughest in the world because of the US Immigration and Nationality Act.
So many men ask: Can I get my Thai girlfriend to the United States on a US tourist visa?
Strictly speaking, the answer is yes, but this answer needs to be highly qualified because anyone who is approved for a US tourist visa can go to the United States and request admission, but obtaining approval of a US tourist visa application can be difficult for the boyfriend or girlfriend of an American Citizen.
Pursuant to Section 214(b) of the United States Immigration and Nationality Act a Consular Officer at a United States Embassy or United States Consulate-General is required to make a presumption that a non-immigrant visa applicant is actually an intending immigrant unless they can prove otherwise. This, in turn, leads to a factual analysis by the Consular Officer.
The Consular Officer must believe that the applicant has “strong ties” to their home country, or any other country outside of the USA, and “weak ties” to the United States. In many cases, the mere existence of a US Citizen boyfriend or girlfriend will mitigate against any “strong ties” abroad and lead to a visa denial under section 214(b). This reasoning on the part of US Embassy personnel should not be misconstrued as a personal denial. Instead, the officer is legally compelled to deny a tourist visa application if the applicant cannot overcome the presumption imposed by section 214(b).
Gorgeous Thai babes for American marriage
Many people then ask the question: can this visa denial be appealed?
No, although an applicant may ask for a tourist visa application to be reopened. That being said, in virtually all cases, the denial will be upheld. A Consular Officer’s factual findings are not subject to appeal based upon the doctrine of Consular Absolutism. However, a legal finding may be subject to reversal. With that in mind, one should recognize that a visa denial under section 214(b) is a factual determination and therefore not generally subject to reversal.
If a couple truly has a bona fide intention to marry in the USA and apply for adjustment of status, then a tourist visa is really not the correct travel document as it specifically precludes immigrant intent (unlike a dual intent travel document such as a K1 visa or an L1 visa). Therefore, if the couple wishes to marry and adjust status, then a Fiance Visa is a more appropriate travel document.
However, the couple must have a truly bona fide intention to marry and not simply a pretextual intention in order to pursue US Immigration benefits.
The US K1 Fiancee Visa vs. The US K3 Marriage Visa
The US K1 Fiancée Visa is generally issued faster than the US K3 Marriage Visa.
The K3 visa often takes longer to obtain because proof of marriage must be established, along with other supplementary supporting documentation.
There are many factors that influence the cost of a K1 or K3 visa. For example, the cost of a marriage in Thailand will likely be less expensive than that in America, so in this way, getting married in Thailand and obtaining a K3 visa from Thailand can save you money.
For many, dealing with immigration and marriage in Thailand poses more difficulties than dealing directly with authorities in the US.
The K1 Fiancée visa allows the American/Thai couple to engage primarily with US immigration. Conversely, the K3 visa is a two year multiple entry visa, allowing the Thai K3 visa holder the convenience of easy travel and a longer time period to adjust his or her immigration status.
While the final intention of both the K1 and K3 visa is to settle down in the US as a married couple, the K1 allows more of an adjustment period than the K3 visa. Even though the K1 visa is only a 90 day single entry visa, these 90 days can be used to assess whether married life in American is best for you and your Thai fiancée.
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