Can I get a US Visa for My Thai Girlfriend?
By: US Visa Lawyer | Posted: 26th March 2010
US Immigration is a very complex area of American law. Many US Citizens are under the impression that obtaining a US visa for a Thai significant other is relatively easy. In many ways this is not the case.
The following article will look at the obstacles and methods of successfully obtaining a US visa for a Thai national in a relationship with a United States Citizen. Many couples initially try to apply for a United States tourist visa. In many cases, this effort will prove futile due to relevant Immigration law. Under the provisions of section 214(b) of the United States Immigration and Nationality Act an applicant for a non-immigrant US visa (such as a tourist visa) must overcome the legal presumption that they are an intending immigrant. This presumption may only be overcome by proving "strong ties" to Thailand and "weak ties" to the United States. If the applicant's principal relationship is with a United States Citizen, then the probability of surmounting this presumption is low compared to an applicant who does not have a relationship with a US Citizen. This author should point out that a visa denial under the provisions of section 214(b) of the Immigration and Nationality Act is not subject to appeal pursuant the doctrine of Consular Non-Reviewability as the finding is based upon the facts of the case.
In some cases, a couple may opt to pursue a fiance visa (classified as a category K-1 by the United States Citizenship and Immigration Service). Before we proceed further, it ought to be noted that nobody should enter into a personal relationship in an effort to obtain US Immigration benefits. Instead, the need for immigration benefits should arise from an underlying relationship that is bona fide. That being said, a fiancee visa is a popular visa category for those who wish to go to the United States in order to marry an American.
Some bi-national couples make the decision to get married and apply for United States Immigration benefits based upon their marriage. In these cases, the process may take longer than in fiance visa cases, but, depending upon the visa category, the spouse enters the United States with lawful permanent residence. Again, it should be reiterated that no one should marry strictly for the purpose of obtaining an Immigration benefit. A marriage should occur only if the couple truly wishes to be married for personal reasons.
To sum up, US tourist visas for Thai girlfriends or boyfriends can be difficult to obtain. However, if the couple genuinely wishes to take their relationship to the next level, then there may be a way of bringing the couple together in the United States using a non-immigrant or immigrant visa.
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Benjamin W. Hart is an attorney from the USA who holds an ABA accredited Doctorate of Jurisprudence. He currently acts as the Managing Director of Integrity Legal (Thailand) Co. Ltd. Reach Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the internet at:
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Tags: probability, obstacles, personal relationship, immigrant, immigration law, citizenship and immigration, visa category, immigration and nationality act, immigration and nationality, fiance visa, citizenship and immigration service, united states citizenship and immigration service, united states immigration