Tourist Visa for Thai Fiancee
June 16, 2010 By Cathy Tran Reck & Associates Ltd.
The highly popular tourist visa is granted in cases where the applicant can show some strong ties to her home residence so to overcome the legal presumption of immigrant intent. Tourist visa denial is quite common under Section 214(b) of the INA wherein the denial cannot be appealed and the tourist visa application fee is nonrefundable.
In Thailand, the most common visa requested and applied for at the US Embassy is the tourist visa. This visa is generally highly sought after as it is the fastest way for an applicant to bring a loved one, either a boyfriend or girlfriend, to the United States for a short, temporary visit.
Under the provisions of the United States Immigration and Nationality Act Section 214(b): an applicant for a non-immigrant US visa (such as a tourist visa) must overcome the legal presumption that they are an intending immigrant. The burden is on the applicant to prove that they have no intention of abandoning their residence in Thailand, therefore they must have “strong ties” to compel them to return home after their visit. In the case of a Thai girlfriend, if the primary reason to come to America is linked to a relationship with a US citizen, then it is imperative for the applicant to show the US citizen's strong ties to Thailand as well. For instance, if the US citizen is living and legally working in Thailand, and he is going abroad for a brief business trip or visit, and he has steady, continuous employment and income from his job in Thailand, then the likelihood of the Thai girlfriend staying in the US is relatively diminished. Vicariously showing through the US citizen's strong ties to Thailand the girlfriend can overcome the presupposition of immigrant intent. Whatever relevant factors compelling the US citizen to return to Thailand may be used jointly for her. Saying that though, it is not always the case that this type of scenario would prove positive for all tourist visa applicants because the US consular officers will evaluate the Thai girlfriend's background and employment status as well, so barring any glaring discrepancies, the case has a significantly better chance of approval.
In the event that the tourist visa is refused pursuant to Section 214(b) of the Immigration and Nationality Act, the underlying language of the statute is that if the consular officer's determination that an applicant is ineligible for this visa, then based on this factual finding the case is not appealable. The reality of the situation is that tourist visas are rarely worth appealing because it is time consuming, costly, and rarely successful. The practical option is to reapply with more meaningful and relevant evidence to overcome the legal presumption of immigrant intent.
Essentially, for an average US citizen who lives abroad and wants to bring a Thai fiancee or Thai fiance to the US for a temporary visit, the tourist visa is the first option, however, it is sometimes a futile effort due to the legal standard required from the visa applicant. Applicants with strong ties to the US, such as a boyfriend, and weak ties to Thailand, such as unemployment, are unlikely to be issued a tourist visa.
Additionally, the tourist visa application fee, whether the visa is issued or not, is non-refundable. Whether one believes the case was wrongfully and unjustifiably denied, there is no provision in the law or policy to allow for a refund. Therefore, Thai applicants have to be overly prepared at the interview and be realistic about the odds of getting a tourist visa. On the bright side, the tourist visa is just one category of visas, as K1 fiance visa is available for eligible candidates.
ABOUT THE AUTHOR: Cathy Tran Reck, Attorney at Law
Cathy Tran Reck is an American immigration lawyer in Bangkok, Thailand. She is the founder of Cathy Tran Reck & Associates Ltd. Bangkok, an American immigration law firm with US and Thai attorneys providing comprehensive US visa and immigration services.
Copyright Cathy Tran Reck & Associates Ltd.
More information about Cathy Tran Reck & Associates Ltd.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Under the provisions of the United States Immigration and Nationality Act Section 214(b): an applicant for a non-immigrant US visa (such as a tourist visa) must overcome the legal presumption that they are an intending immigrant. The burden is on the applicant to prove that they have no intention of abandoning their residence in Thailand, therefore they must have “strong ties” to compel them to return home after their visit. In the case of a Thai girlfriend, if the primary reason to come to America is linked to a relationship with a US citizen, then it is imperative for the applicant to show the US citizen's strong ties to Thailand as well. For instance, if the US citizen is living and legally working in Thailand, and he is going abroad for a brief business trip or visit, and he has steady, continuous employment and income from his job in Thailand, then the likelihood of the Thai girlfriend staying in the US is relatively diminished. Vicariously showing through the US citizen's strong ties to Thailand the girlfriend can overcome the presupposition of immigrant intent. Whatever relevant factors compelling the US citizen to return to Thailand may be used jointly for her. Saying that though, it is not always the case that this type of scenario would prove positive for all tourist visa applicants because the US consular officers will evaluate the Thai girlfriend's background and employment status as well, so barring any glaring discrepancies, the case has a significantly better chance of approval.
In the event that the tourist visa is refused pursuant to Section 214(b) of the Immigration and Nationality Act, the underlying language of the statute is that if the consular officer's determination that an applicant is ineligible for this visa, then based on this factual finding the case is not appealable. The reality of the situation is that tourist visas are rarely worth appealing because it is time consuming, costly, and rarely successful. The practical option is to reapply with more meaningful and relevant evidence to overcome the legal presumption of immigrant intent.
Essentially, for an average US citizen who lives abroad and wants to bring a Thai fiancee or Thai fiance to the US for a temporary visit, the tourist visa is the first option, however, it is sometimes a futile effort due to the legal standard required from the visa applicant. Applicants with strong ties to the US, such as a boyfriend, and weak ties to Thailand, such as unemployment, are unlikely to be issued a tourist visa.
Additionally, the tourist visa application fee, whether the visa is issued or not, is non-refundable. Whether one believes the case was wrongfully and unjustifiably denied, there is no provision in the law or policy to allow for a refund. Therefore, Thai applicants have to be overly prepared at the interview and be realistic about the odds of getting a tourist visa. On the bright side, the tourist visa is just one category of visas, as K1 fiance visa is available for eligible candidates.
ABOUT THE AUTHOR: Cathy Tran Reck, Attorney at Law
Cathy Tran Reck is an American immigration lawyer in Bangkok, Thailand. She is the founder of Cathy Tran Reck & Associates Ltd. Bangkok, an American immigration law firm with US and Thai attorneys providing comprehensive US visa and immigration services.
Copyright Cathy Tran Reck & Associates Ltd.
More information about Cathy Tran Reck & Associates Ltd.
View all articles published by Cathy Tran Reck & Associates Ltd.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
