US Immigration can be a complex and intricate area of the law. US Immigration from Thailand can be interesting and multifaceted due to the fact that so many different government agencies and organizations, both American and Thai, come into play when dealing with US visas from Thailand.
Thailand is not only home to some of the most exquisite weather, beaches, jungles, and scenery. It is also the home of some of the most beautiful women on Earth. Add to this the fact that the Thai people are some of the most hospitable people in the world and the weary traveler is left with an environment that comes as close to a "Garden of Eden," as one could find. Many American gentlemen, who meet Thai ladies, find that the discussion regarding US Immigration inevitably arises because they wish to bring their loved one home. This piece was written in an effort to discourage the use of one ineffective immigration strategy for those wishing to bring a foreign loved one to the USA.
A J-1 visa is an exchange visitor travel document that was created for the purpose of establishing cross culture temporary exchanges between the people of Thailand (and other countries) and the citizens of the United States. Some Thai-American couples consider the J-1 visa as a method for bringing their fiancee to the United States and thus skirt the comparatively longer processing time of the K-1 fiance visa. This tactic might appear reasonable at first glance; in fact, it is something of a "false mate." The reason it is inadvisable to utilize a J-1 visa in the case of a Thai-American couple is due to the fact that Immigration fraud issues may arise when a Thai or American lies about their intentions with regard to entering the USA.
A further concern is something known as the Foreign Residency Requirement. For those present in the US on a J-1 exchange visa program, a foreign residence requirement may be imposed upon the J1 visa holder after the program has ended. The reason for this foreign residency period is because many of those who enter the US on a J1 are specially trained and that training is often paid for by either the Thai or the United States government under the express provision that the J-1 visa holder return to their home country to use their training. To do otherwise would often undermine the whole reason for issuing the travel document in the first place. However, one may petition for a waiver of the requirement of foreign residence, but it must be noted that such waivers are rarely granted. Therefore, it is probably not prudent to bring a Thai fiancee to the USA on a J-1 visa if a foreign residency requirement is mandated after the visa's validity ends.
(This is not legal advice, for legal advice contact a lawyer. No Attorney-Client relationship is created by reading this article.)
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Benjamin Hart is an American attorney in Bangkok. He currently operates Integrity Legal (Thailand) Co. Ltd. For more information please contact +66 (0) 2-266-3698 or info@integrity-legal.com. To learn more please see
K-3 visa Thailand or
k1 visa for a thai
