The process of getting an American visa can be very frustrating for the girlfriend or boyfriend of a United States Citizen.
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. Some couples submit an application for a United States tourist visa. In some cases, these efforts will prove futile due to relevant United States Immigration law. Under the relevant language of section 214(b) of the US Immigration and Nationality Act an applicant for a United States non-immigrant visa (such as a visitor visa) must overcome the statutory presumption that they are actually an intending immigrant. This legal presumption is only overcome by showing evidence of "strong ties" to Thailand and "weak ties" to the United States of America. 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. The reason for seeking United States immigration benefits should spring from an underlying personal relationship that is bona fide. However, a K1 fiancee visa is a frequently used visa category for those individuals who want to travel to the USA in order to get married to a US Citizen.
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 Hart is a lawyer from the United States and the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the world wide web at: US Visa Thai Girlfriend or K1 visa.
