Tourist visa denied for Thai husband of American

[Ani Alpern]

Hello all,

I have spent most of the afternoon reading through threads on visas and immigration and thought I would just outright ask the question and see if I get a response.

On February 2nd my husband went to the US Embassy in Bangkok for his B2 visa interview. The CO asked him two questions, then gave him the "denial paper". My husband is like most Thai people, timid and shy of people in higher positions (something that the embassy should understand, being that they deal with Thai people every day, but... I digress).

Our situation is this: I have lived and worked in Thailand for 3.5 years. I met my husband over 3 years ago, we were married in Thailand in August of 2013, our son was born October of 2013. We own land (my husband does, my name is not allowed to be on land papers per Thai law). We have a rental contract for two years with both of our names on it, we have photos and letters from his boss, pretty much all the proof we need to prove that he and I will return to Thailand after a short (3 week) visit to see my family.

The question is: Should we re-apply and if so, what do we need to do differently? Or is this a lost cause and perhaps we should move onto an immigrant visa? We do wish to immigrate to America, but not for a few years as my husband's father is elderly and he needs to be here, but it would be nice to be able to visit from time to time.

Any help GREATLY appreciated. Thank you.

[rayb]

A visitor visa application for a foreign national married to a U.S. citizen is perceived as an attempt to circumvent the standard immigrant visa requirements.

Exceptions are made and many foreign nationals married to U.S. citizens are successful in getting visitor visas. But the Embassy perception of applicants looking for a "fast track" visa to enter the US to stay has a solid basis in experience with visitor visa applicants who overstayed visitor visas.

Submit an I-130 immigrant petition or your husband.

--Ray B

Hello all,

I have spent most of the afternoon reading through threads on visas and immigration and thought I would just outright ask the question and see if I get a response.

On February 2nd my husband went to the US Embassy in Bangkok for his B2 visa interview. The CO asked him two questions, then gave him the "denial paper". My husband is like most Thai people, timid and shy of people in higher positions (something that the embassy should understand, being that they deal with Thai people every day, but... I digress).

Our situation is this: I have lived and worked in Thailand for 3.5 years. I met my husband over 3 years ago, we were married in Thailand in August of 2013, our son was born October of 2013. We own land (my husband does, my name is not allowed to be on land papers per Thai law). We have a rental contract for two years with both of our names on it, we have photos and letters from his boss, pretty much all the proof we need to prove that he and I will return to Thailand after a short (3 week) visit to see my family.

The question is: Should we re-apply and if so, what do we need to do differently? Or is this a lost cause and perhaps we should move onto an immigrant visa? We do wish to immigrate to America, but not for a few years as my husband's father is elderly and he needs to be here, but it would be nice to be able to visit from time to time.

Any help GREATLY appreciated. Thank you.

[Ani Alpern]

Thank you very much Rayb.

Would my husband be able to visit while awaiting the immigration visa or does he have to stay in Thailand the whole time? I am worried we will have to be apart for some time.

[pb2au]

Thank you very much Rayb.

Would my husband be able to visit while awaiting the immigration visa or does he have to stay in Thailand the whole time? I am worried we will have to be apart for some time.

Applying for your husband's immigrant visa would not automatically disqualify him from getting a visitor visa. Consulates may recognize that the visitor visa is being sought for a short trip if you present the case properly.

I suggest you consult a good attorney.

[rayb]

At this stage, issuance of a visitor visa is discretionary, with a definite bias against approval because of the preexisting petition in process.

--Ray B

Thank you very much Rayb.

Would my husband be able to visit while awaiting the immigration visa or does he have to stay in Thailand the whole time? I am worried we will have to be apart for some time.