B2 Visa for Thai in Sweden

[Pinda 36]

My family are coming to visit me in the US for two weeks in May. They're Swedish citizens (I moved to the US on a K1 visa Aug 2019) so luckily they can travel on ESTA. My dad's wife however, is a Thai citizen who's been in Sweden for two years now I believe, so she's a permanent resident but not a citizen yet. I have two questions regarding her.

 

1. She would be able to apply for a B2 Visa at the US Embassy in Sweden, correct?

2. Her passport expires in September 2020, but the 6 month rule won't affect her right?

[Mike E 11,739]

1. Yes. 
 

2. 9 - 5 = 4 < 6  doubt any airline would board her even if the visa was issued.  

[Just Paul 4,595]

34 minutes ago, Pinda said:

2. Her passport expires in September 2020, but the 6 month rule won't affect her right?

She is eligible for entry  with less than 6 months on a passport (with a visa of course) 

 

https://www.***removed***/six-months-passport-validity-rule-entering-us-non-immigrant-visa/

 

18 minutes ago, Mike E said:

doubt any airline would board her even if the visa was issued.

Wrong.

[designguy 1,179]

57 minutes ago, Pinda said:

My family are coming to visit me in the US for two weeks in May. They're Swedish citizens (I moved to the US on a K1 visa Aug 2019) so luckily they can travel on ESTA. My dad's wife however, is a Thai citizen who's been in Sweden for two years now I believe, so she's a permanent resident but not a citizen yet. I have two questions regarding her.

 

1. She would be able to apply for a B2 Visa at the US Embassy in Sweden, correct?

2. Her passport expires in September 2020, but the 6 month rule won't affect her right?

1.Yes

2. Correct

40 minutes ago, Mike E said:

2. 9 - 5 = 4 < 6  doubt any airline would board her even if the visa was issued.  

This is incorrect. See 9 FAM 403.9-3(B)(2) (U) Countries That Extend Passport Validity for an Additional Six Months After Expiration

https://fam.state.gov/searchapps/viewer?format=html&query=d&links=D&url=/FAM/09FAM/09FAM040309.html

[SusieQQQ 11,586]

The only possible issue with an airline boarding her would be if she was to transit a country that requires 6 months for entry ( even if it is only transit - this is something I almost found out the hard way).  If it’s direct or via somewhere that requires 3 months, or just requires validty of stay (like UK), she’ll be fine. 

[Pinda 36]

14 minutes ago, SusieQQQ said:

The only possible issue with an airline boarding her would be if she was to transit a country that requires 6 months for entry ( even if it is only transit - this is something I almost found out the hard way).  If it’s direct or via somewhere that requires 3 months, or just requires validty of stay (like UK), she’ll be fine. 

That's a great point to think about, thank you.

 

@designguy and @Paul & Mary thank you both for the help. I'm going to do some more research but can I also ask you, what does she need to bring to her interview? I'm guessing proof of residency, marriage certificate and letter from her boss would prove her ties to Sweden?

[designguy 1,179]

1 minute ago, Pinda said:

That's a great point to think about, thank you.

 

@designguy and @Paul & Mary thank you both for the help. I'm going to do some more research but can I also ask you, what does she need to bring to her interview? I'm guessing proof of residency, marriage certificate and letter from her boss would prove her ties to Sweden?

Generally the COs are able to make a decision based off the answers in the DS-160 and the interview. Rarely do they take into account documents brought to the interview

[Pinda 36]

5 minutes ago, designguy said:

Generally the COs are able to make a decision based off the answers in the DS-160 and the interview. Rarely do they take into account documents brought to the interview

Oh gotcha. Having gone through the K1 visa process and currently the AOS process I guess I'm overthinking things a little. 😅 

[SusieQQQ 11,586]

3 minutes ago, Pinda said:

Oh gotcha. Having gone through the K1 visa process and currently the AOS process I guess I'm overthinking things a little. 😅 

Bring them anyway though. While many US embassies don’t pay much attention to docs, some do. My home country is one of the ones that does look at documents like that, and as she is applying outside her country of nationality they may (may) be specifically interested in her ties. Rather have them and not need them, than need them and not have them.

Edited February 3, 2020 by SusieQQQ

[Just Paul 4,595]

56 minutes ago, Pinda said:

I'm guessing proof of residency, marriage certificate and letter from her boss would prove her ties to Sweden?

Like @designguy said the decision is mostly conceived based on what is in the application. Take whatever helps the case with you.   Helps to be over prepared.

[Mike E 11,739]

7 hours ago, designguy said:

This is incorrect. See 9 FAM 403.9-3(B)(2) (U) Countries That Extend Passport Validity for an Additional Six Months After Expiration

https://fam.state.gov/searchapps/viewer?format=html&query=d&links=D&url=/FAM/09FAM/09FAM040309.html

I don’t doubt that there is an obscure rule that lets her fly.  I doubt that most airline clerks understand the rule.  In 2019 I experienced the following:

 

* Airline clerks who didn’t know what an EAD/AP combo card was and so refused to board my wife.  
 

* Airline clerks who insisted that the expiration date of my visa was wrong because it was a 365 day  visa.  Namely it was issued Oct 1 2019 and listed as expiring September 29 2020   They said that the expiration date has to be October 1, 2020.  I explained that in a normal year the expiration date would be September 30, because Oct 1 counts as part of the 365 days.  And that 2020 was a leap year.  The clerks had never heard of such things and only grudgingly acceded to my wishes in the electronic record.  
 

So you are incorrect by asserting that my opinion is incorrect that there is a chance she won’t be boarded.  

[designguy 1,179]

11 minutes ago, Mike E said:

I don’t doubt that there is an obscure rule that lets her fly.  I doubt that most airline clerks understand the rule.  In 2019 I experienced the following:

 

* Airline clerks who didn’t know what an EAD/AP combo card was and so refused to board my wife.  
 

* Airline clerks who insisted that the expiration date of my visa was wrong because it was a 365 day  visa.  Namely it was issued Oct 1 2019 and listed as expiring September 29 2020   They said that the expiration date has to be October 1, 2020.  I explained that in a normal year the expiration date would be September 30, because Oct 1 counts as part of the 365 days.  And that 2020 was a leap year.  The clerks had never heard of such things and only grudgingly acceded to my wishes in the electronic record.  
 

So you are incorrect by asserting that my opinion is incorrect that there is a chance she won’t be boarded.  

It’s not an obscure rule it’s the law and just as you were boarded, so will she. If you have any examples of people being denied boarding from those countries listed when their passports were expiring in less than 6 months then please share 

[Mike E 11,739]

9 hours ago, designguy said:

It’s not an obscure rule it’s the law and just as you were boarded, so will she. If you have any examples of people being denied boarding from those countries listed when their passports were expiring in less than 6 months then please share 

You are trying to prove a negative which is impossible.  I however need only come up just one example. And here you go:

 

https://www.flyertalk.com/forum/travelbuzz/1215186-help-denied-boarding-due-thailand-passport-validity-requirement-unenforced.html

[SusieQQQ 11,586]

Every so often someone comes up against ill-informed airline clerks. Seen this reported a couple of times with stamped immigrant visas where the clerks just see an expired visa and don’t understand it’s a temporary green card. All you need to do is insist they get a supervisor, and if the supervisor doesn’t get it and it’s a flight to the US, then insist they call their CBP liaison or get the CBP boarding manual out. 
 

(I’m not sure how a USC denied boarding to Thailand is relevant here, especially as the discussion linked to shows that there was conflicting official information from Thailand itself.)

 

 

Edited February 4, 2020 by SusieQQQ

[designguy 1,179]

11 minutes ago, Mike E said:

You are trying to prove a negative which is impossible.  I however need only come up just one example. And here you go:

 

https://www.flyertalk.com/forum/travelbuzz/1215186-help-denied-boarding-due-thailand-passport-validity-requirement-unenforced.html

Your example is for a flight to Thailand not for a flight to the US, so not an applicable example. There is no point arguing here. Of course you may encounter an uninformed airline personnel but what matters here is the law. No need to scare the OP