Pattaya...guilty by association?

[slowlyman 118]

What is the DCF route?

[Karee 4,190]

What is the DCF route?

Direct Consular Filing. The whole process takes about 3 months and you get a green card out of the deal. You have to prove residence in Thailand for the last 6 months. You also must be married. Can't do it for fiancee visas.

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is BKKCIS.Inquiries@dhs.gov. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

Edited July 24, 2013 by Karee

[slowlyman 118]

Wow, That would be the way to go if her qualifies.

Lol. I just realized we have filled this thread with two pages of discussion, and the OP is probably just waking up. Won;t he be suprised.

Edited July 24, 2013 by slowlyman

[Karee 4,190]

Wow, That would be the way to go if her qualifies.

Yep. I wish I knew about it before I moved back to the U.S. Would've saved us alot of time, and we wouldn't have been separated.

[skrewball 0]

Wow guys! Thanks for all the info.

Just to summarize the questions asked. She was in Pattaya for about 4 months. I met her in the 4th month. After I left, her cousin and best friend who she went to Pattata with, died (only 19 and just so adorable it was a shame). So she left Pattaya. She went home to work on the farm and in her shop with her mom. That was it. We called and emailed everyday so I never doubted her. I also have a couple of $1000 phone bills to prove it! (She didn't have good internet for skype.) I visited her for about 2 weeks every 3-4 months. I got here in March, we traveled to Singapore, Malaysia and PI for a bit before coming back to Thailand.

Now, as for my status here...I was on a Non-B...however I had to leave the country and it expired. I am currently sitting on a 30-day exempt looking for options. We haven't gotten married yet, but that's based strictly on our laziness, lol. She just hates going down to the Amphur.

Now for the DCF, will they take into account the length of time here or do I need the appropriate visa for a long stay in Thailand?

[Karee 4,190]

Wow guys! Thanks for all the info.

Just to summarize the questions asked. She was in Pattaya for about 4 months. I met her in the 4th month. After I left, her cousin and best friend who she went to Pattata with, died (only 19 and just so adorable it was a shame). So she left Pattaya. She went home to work on the farm and in her shop with her mom. That was it. We called and emailed everyday so I never doubted her. I also have a couple of $1000 phone bills to prove it! (She didn't have good internet for skype.) I visited her for about 2 weeks every 3-4 months. I got here in March, we traveled to Singapore, Malaysia and PI for a bit before coming back to Thailand.

Now, as for my status here...I was on a Non-B...however I had to leave the country and it expired. I am currently sitting on a 30-day exempt looking for options. We haven't gotten married yet, but that's based strictly on our laziness, lol. She just hates going down to the Amphur.

Now for the DCF, will they take into account the length of time here or do I need the appropriate visa for a long stay in Thailand?

Send an email to the address I provided in that link and explain your situation. See what they say. I think you can actually go talk to them in person. They are in the building across the street from the embassy.

[Andy and Pui 16]

Here's the issue plain and simple. Has nothing to do with Pattaya. It has to do with being a bargirl. If they smell anything that relates to that, forget it. Just so happens that Pattaya is the bargirl capitol of Thailand. I've heard lots of stories about the U.S. embassy and this subject long before I even thought about getting my wife a visa to the U.S. while I was living there. Stories like the girl showing up in tight jeans and high heels for the interview. Denied right off the bat. Stuff like that.

So my advice is don't outright lie about it as slowlyman said, but do your best to frame it in a good light. Her length of employment there might be key, like she worked there for a month and that was it. Has she had jobs at other places doing other things besides being a waitress? Has she been a waitress in other places in Thailand? (Not Nana, Patpong, or Cowboy)

Kwaidee brings up something that has often perplexed me about that embassy. They seem to grant K-1s with no problems at all. However, when is comes to an immigrant visa like IR-1/CR-1, they can be a pain in the a$$. My guess is that in the K-1 scenario, they are just giving out a single entry non-immigrant visa, and if USCIS wants to allow them to adjust status and get a green card, that's on them. In the IR-1/CR-1 any approval will result in a green card and permanent residency based solely on the decision of the consulate. You know, typical govt. buck passing. Like I said, just a guess.

The bottom line is she worked at a place where some of the girls could be bar-fined from your description above, and that doesn't look good to the embassy.

I agree with what Karee is saying here especially the bold part. In the time I have been on this website I have not really seen any questions like this. Not sure if it has been brought up before my time or not. This may or may not be lawyer up time. If it were me and I was in your shoes I would speak with a few different immigration lawyers regarding that. OP whatever you plan on doing I hope you keep us informed and I wish the best for you and your family.

[Ning 619]

Hello all,

I am getting ready to start my CR-1 process for my soon to be Thai wife and some of the things I've read on this forum have me concerned.

I have been with my fiancee for 2.5 years now. Many trips within Thailand, trips to Singapore and a cruise through the Pacific together. I am financially secure enough that I can work when I want and support her and her daughter without worry.

YET, She used to be a waitress in Pattaya. Now, I know there will be eye-rolls because no-one is innocent in Pattaya. I am not some love struck moron...I met her in Pattaya as a waitress. I didn't ask...she didn't tell and she hasn't been back there in years. So...my concern is the CO's demenure towards her in a future interview.

Has anyone had a similar experience? Did the CO show compassion in lieu of a long established relationship? Or were they hell bent on trying to get to her to admit she was a working bar-girl?

I am genuinely asking here...please do not get into a discussion of the truth or lie, the regulations and such. She was a waitress and I truly believe her. Hell, I am living with her in Thailand now and she has never given me concern as to her past.

SO...worked in Pattaya...are we screwed from the start? Thank you to all for the help.

There are members that have given good responses to this difficult situation and how to approach it correctly. I too have some info and suggestions.

Thailand is well known for its " tourism" industry. Many never see the inside of our Temples ect. Most seem to gravitate to the beach areas or simply stay in BKK. BKK is one on the worlds largest cities so it contains everything any city would have of that size including the infamous Patpong road. Pattaya has all the same elements so is also known for the part of life that people may not see anywhere else in their life. There is a reason this tourism of Thailand generates so much money. People enjoy it. Until someone that worked in those areas needs a visa.

Sometime back there were two case here on V J that involved questions about the females work. One told the officer she worked in a BKK bar. What she failed to mention at the time was her actual duties as the dishwasher and janitor. She was denied.

The other involved someone that said she taught exercise classes. She was investigated for about 90 days and finally got her visa.

My suggestion is to simply tell the truth. She was one of hundreds or thousands of people involved in the food service industry. What her job description was many years back isnt relevant anyway. The O P has been with her for close to 3 years now it seems. Even if he files the DCF, which he should do, he will have been with her for a long time by the time of the interview. If he doesn't have a problem with her by this time it is clear the relationship is sound. The only question someone may have in their mind is why he didn't marry her yet.

I suggest the O P gets married which he will have to do to file the CR 1. Obtaining a K 1 for a person involved in the tourism industry can be difficult as we know. Married is married so that ends the questions about the future. Compassion? No. But they wont question the O P about his choice of a life partner either.

I wonder if the OP knows exactly what will be required to obtain the visa for the child? This needs to be understood right now and the work undertaken soon. That child is also a benefit in the case. The unity of the family is critical. The indication that we are a family is paramount.

Let us know about the child please. The age ect. Is the child with her mother now? Does she see her father at times?

[Ning 619]

Direct Consular Filing. The whole process takes about 3 months and you get a green card out of the deal. You have to prove residence in Thailand for the last 6 months. You also must be married. Can't do it for fiancee visas.

In a limited number of cases, if the petitioner can demonstrate current residence in Thailand for at least six months, the petition may be filed with the USCIS office in Bangkok. The general inquiry email box for USCIS Bangkok is BKKCIS.Inquiries@dhs.gov. To access USCIS forms, click here

Source:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

The person must be a legal resident not just a resident. This requires a certain Thai visa status. Karee knows better than I what that is exactly.

[Karee 4,190]

The person must be a legal resident not just a resident. This requires a certain Thai visa status. Karee knows better than I what that is exactly.

Pretty much any long term visa will work. Anything except a tourist visa. Work, Marriage, Teaching, whatever.

[joshandgigi 8]

Im taking back my post I diddnt read everything and jumped in the middle I agree with the DCF

Edited July 25, 2013 by joshandgigi

[Karee 4,190]

How long have they been married if they are doing a CR1?

I don't think they have actually gotten married yet. You only have to be married for one minute to file an I-130 to apply for a CR-1 visa. If you file an I-130 based on marriage and you go to your visa interview past your two-year wedding anniversary, you will get an IR-1 visa that will result in a 10 year green card.

Also, if you go to your visa interview prior to your two-year wedding anniversary, you will get a CR-1 visa that will result in a 2 year green card, BUT if you enter the U.S. AFTER your two year anniversary, it will result in a 10 year green card being issued.

[Ning 619]

Pretty much any long term visa will work. Anything except a tourist visa. Work, Marriage, Teaching, whatever.

The problem now with the DCF may be that his long term visa expired and he left Thailand for some period of time. He said he in now on some other type of visa now while he decides what to do next. I don't know if the consulate would allow him to file DCF but its worth asking.

[Karee 4,190]

The problem now with the DCF may be that his long term visa expired and he left Thailand for some period of time. He said he in now on some other type of visa now while he decides what to do next. I don't know if the consulate would allow him to file DCF but its worth asking.

Yeah if his previous visa ran out, I would assume the clock resets. But I don't know that for sure. He needs to check with the USCIS office in Bangkok and see what they have to say about it. Definitely worth asking them.

[mrrobj 20]

Yeah I've been told that if you even mention the word "bar" you can forget it. Of course they can't deny you for that, but they can just come up with some other default reason for denial like they don't think it's a bonafide relationship and use that as an excuse.

This info is Spot on!

I recently obtained a Visa from the Bangkok Embassy and the one bit of advice that I would give you, is I would not bring up the word "Pattaya" period, not even to state you stayed at a hotel or whatever.

Of course, I am not telling you to lie, but if you mentioned she worked on a farm and/ or is currently working on a farm. Well, that is the truth, correct? Then only mentioned the farm work. Why even bring up Pattaya in the conversation????

Of course, do not provide photos, emails or anything else that even remotely discusses bars or the bar girl life. You are free to be honest or proceed as you fit, but you have been warned not only from Karee, who is very familiar with the subject matter and lived in Thailand for quite some time, but from someone you just recently got a visa approved out of Bangkok.

My fiancé wore something similar to a pants suit and it had the office look. I believed what also worked in my favor was the fact that we had a two year child together. It doesn't guarantee approval but it provides a foundation for the consular to believe its a bona fide relationship. Moreover, when my fiancé when to the Embassy to apply for the baby's passport, she was told by an Embassy official that reviewed her paperwork that she should make sure the passport was front and center when she goes for her interview.

Here interview lasted less than a minute......only two questions!!

BTW....I worked with an Immigration firm out of Bangkok, Brian Wright, as I felt more comfortable with a lawyer in the process and I heard is one of the best in the area.