Many people travel to the Kingdom of Thailand and meet the love of their life. The ladies of Thailand are some of the most beautiful and kind women on the planet. As a result, many American men wish to bring their loved one back to the United States.
In attempting to take their Thai fiancee to the USA there are some US Citizens who utilize Immigration techniques that are both unethical and possibly illegal. Some Americans seek to get around filing for a US K1 visa on behalf of their Thai fiancee. For the most part, prospective applicants seek to avoid the K-1 process because the fiance visa application takes longer to adjudicate than other non-immigrant visas. For example, the use of American tourist visas to bring Thai loved ones to the USA is well documented. However, this Immigration strategy often culminates in frustration because the Thai applicant is either denied the visa at the Embassy or is turned away at the point of entry in the United States because her relationship with an American can cause her to be deemed inadmissible under section 214 (b) of the United States Immigration and Nationality Act. Further problems can arise when the Thai lady attempts to adjust status to permanent residence after marrying an American in the US on a B-2 visa.
Recently, the American Embassy in Bangkok has inspected and adjudicated Tourist visa applications with more diligence than in the past, this has resulted in more denials of B-2 applications. The upshot of this higher Tourist visa denial rate is that some American men look to the F-1 Student visa as an alternative route for bringing their Thai loved one to the USA. This approach probably should not be taken because, like utilizing tourist visas with undisclosed immigrant intent, using an F-1 visa when the Thai applicant actually intends to marry in the US and apply for a Green Card could lead to unintended harm. Lying to the United States Citizenship and Immigration Service or the United States Embassy in Thailand would likely be considered grounds for a finding of legal inadmissibility to the USA. Therefore, it is highly recommended that those wishing to travel to the USA for the purpose of marriage utilize the K-1 visa since it is the proper Immigration category for this purpose.
This article is not meant to be used as substantive legal advice. An Attorney-Client Relationship is NOT formed between the author and any reader of this article.
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k1 visa or
k-3 visa