Wife on 2nd 10 year tourist visa, thinking of staying for extended time this visit

[nosam 0]

My Thai wife and I have been married for almost 15 years and she's on her 2nd 10 year visa. She's growing tired of Thailand and wants to give the US an extended look, but we definitely do not want to apply for a green card, register for ssn etc. We also have a 10 year old child with a US passport.

Given the above, how long do you estimate that she could stay in the US? Just six months? What about if we leave the country every few months to travel?

We have no financial problems and could easily cover costs without having to work. What would be the most reasonable explanation for the long visit? Holidays? Visiting family?

Would there be any problem registering our child for a school while we are there doing our extended look?

Edited May 6, 2014 by nosam

[Asia 2,498]

She could stay in the US as long as CBP officer will let her.

The thing is that if she spends too many time in the US, than outside of it, they might cancel her visa, suspecting that she's using tourist visa to live in the US.

[jan22 3,053]

There also might be problems after your child starts school. As a USC, the child is, of course, free to enroll in school. But school districts require that the children attending be resident in the school district. An immigration officer could use that to determine that your wife "resides" in the US and deny her entry or cancel her visa at some point. Just something to think about.

[Boiler 45,486]

Child Schooling

If you are talking about Public Schooling then you need to be resident in the particular area, so not applicable if you are just visiting.

If she will be here more than 6 months in any year then she would need an ITIN to pay taxes.

[nosam 0]

Thanks for the input so far. I too was thinking about the public school issue, but with a private school it should be a non starter.

[aaron2020 11,651]

Why don't you guys want to get the green card?

For a couple of thousands, you could avoid the complex need to leave every six months.

Also, leaving for Mexico or Canada does not reset the clock. Meaning, she cannot get another 6 months if she visit Mexico or Canada.

Why complicate things when a few thousands to get a green card would make your life easier?

[tehans 52]

If you come for 6 months leave and then come back for 6 months the will cancel the visa

[nosam 0]

Why would they do this? I know of people that got a 5 year visa for their mother in law from Indonesia and she basically stayed for 5 years. After the 5 years they told her to sit outside the country for a while.

[Boiler 45,486]

Why would they do this? I know of people that got a 5 year visa for their mother in law from Indonesia and she basically stayed for 5 years. After the 5 years they told her to sit outside the country for a while.

Like 10 years?

[Asia 2,498]

Why would they do this? I know of people that got a 5 year visa for their mother in law from Indonesia and she basically stayed for 5 years. After the 5 years they told her to sit outside the country for a while.

Really?

So she has like 10 year ban.

Just because you get a 5 year visa or 10 year visa, it doesn't mean you can stay in the US for 5/10 years.

It means that you can visit within 5/10 years.

How long you can stay in the US is determined by CBP officer at the customs in your POE.

It can be up to 6 months max.

[nosam 0]

You guys didn't get the jist of "almost". She made trips between Indo and the US never overstaying during those 5 years, but that's not the info I was trying to ascertain out of this thread. Immigation actually said she needed to get on the tax payroll if she was to remain longer.

[Ning 619]

My Thai wife and I have been married for almost 15 years and she's on her 2nd 10 year visa. She's growing tired of Thailand and wants to give the US an extended look, but we definitely do not want to apply for a green card, register for ssn etc. We also have a 10 year old child with a US passport.

Given the above, how long do you estimate that she could stay in the US? Just six months? What about if we leave the country every few months to travel?

We have no financial problems and could easily cover costs without having to work. What would be the most reasonable explanation for the long visit? Holidays? Visiting family?

Would there be any problem registering our child for a school while we are there doing our extended look?

Jist? Now there is an interesting word with a meaning that certainly applies here as the O P says.

His wife wants to live in the USA as a resident for these extended periods of time. The O P wants someone to help diffuse the truth because of the known outcome. Thus we get the jist of " reasonable explanation ". In other words an acceptable substitution for the truth.

Why not just try inserting the truth and see what they say? Of course this isn't about a wifes tourist visa. There is the matter of their child becoming a resident as well. Her U S citizen child. The jist of that is that USCIS will see her ties to the child and husband and cancel her tourist visa.

Edited May 11, 2014 by Ning

[nosam 0]

Jist? Now there is an interesting word with a meaning that certainly applies here as the O P says.

His wife wants to live in the USA as a resident for these extended periods of time. The O P wants someone to help diffuse the truth because of the known outcome. Thus we get the jist of " reasonable explanation ". In other words an acceptable substitution for the truth.

Why not just try inserting the truth and see what they say? Of course this isn't about a wifes tourist visa. There is the matter of their child becoming a resident as well. Her U S citizen child. The jist of that is that USCIS will see her ties to the child and husband and cancel her tourist visa.

You're so far from the truth that I'll have to say you are totally lost on the whole sitation. Child has a US passport, so think about the bigger picture here Ning. If you can't see it, no point in spelling it out.

[Ning 619]

You're so far from the truth that I'll have to say you are totally lost on the whole sitation. Child has a US passport, so think about the bigger picture here Ning. If you can't see it, no point in spelling it out.

I am doing the best I can based on the info you provided.

You and the child are USC's. She has a tourist visa. She has used it or abused it and now wants to live in the USA after " tiring of living in Thailand ".

" What would the most reasonable explanation for the long visit " ? You are asking members to help you construct a lie. That's the big picture.

Another big picture is that of the situation. The big one. The real one that's hard to spell out.

That is when you step up to the officer at the POE as a family and answer some simple easy questions. There the reality of what you have done will surface. You are actually part of an attempt to defraud the US government in relation to the use of the tourist visa. Give it a try and let me know who is lost.

The most reasonable explanation is easy to identify. My daughter, wife and I are returning to the USA to take up residence so we can put the child in a U S school. You see my wife has tired of life in Thailand is the jist of it.

You are trying to relocate your family to the USA. Why not just petition for a green card and do this legally?

Edited May 11, 2014 by Ning

[nosam 0]

You're still way off Ning. There's never been a visa problem, and never will be. If you still can't see the big picture that involves a 3 letter word that imposes itself worldwide, so be it.