Thai spouse tourist visa to US denied.

[rickbechard@gmail 5]

4 minutes ago, JFH said:

The I-130 is just the petition and is about the US citizen and the legal connection to the intending immigrant in order to determine whether there is a visa option for the intending immigrant. The security questions come later in the process on the DS-260, which is the actual visa application. 

Yes, I understand the process. As I explained in the rather long thread    which isn't a "rant" as some might suggest, I have an old friend from our air force days. He had been here 5 years. He and his wife did the process and left at the end of March. The website record shows it took 155 days. We really only wanted to go for a bit of a long visit this year with a shorter one each year after. It has been denied twice, once in Chiang Mai and then in Bangkok, with that application much more complete with documentation. 

As I said in another comment, if a person is told they can reapply if their circumstances change. But not being told what circumstance was the reason, they can never know if there is a good reason to reapply. It is a self defeating offer on the part of the embassy. 

[Boiler 45,525]

So short version she applied for a visa and was not approved, so what are you asking, what do you want to do?

 

[rickbechard@gmail 5]

Sorry. You are late to the party. You'd need to read the thread. It was just a discussion about the vagaries of the process. That and what I see as no attempt to ascertain facts. And pointing out the vague nature of "failed to demonstrate compelling reasons to return". As a comparison, I once went for an interview for a job I really wanted. It would have involved some heavy engineering and was responsible for plant maintenance. My previous job happened to be mainly desk work as far as design. The reason given for not getting the position was, "I did not convince them I didn't just want to sit at a desk all day". Something I really hate doing. And I do not rant!

[Lemonslice 4,852]

7 minutes ago, rickbechard@gmail said:

Sorry. You are late to the party. You'd need to read the thread. It was just a discussion about the vagaries of the process. That and what I see as no attempt to ascertain facts. And pointing out the vague nature of "failed to demonstrate compelling reasons to return". As a comparison, I once went for an interview for a job I really wanted. It would have involved some heavy engineering and was responsible for plant maintenance. My previous job happened to be mainly desk work as far as design. The reason given for not getting the position was, "I did not convince them I didn't just want to sit at a desk all day". Something I really hate doing. And I do not rant!

They told you... They are not convinced she'll go back to Thailand.  Nothing more, nothing less.

[rickbechard@gmail 5]

6 minutes ago, Lemonslice said:

They told you... They are not convinced she'll go back to Thailand.  Nothing more, nothing less.

You really have to read the whole tome above. She has lived in Australia with me and returned. Could go back next week if we wanted.

[Lemonslice 4,852]

5 minutes ago, rickbechard@gmail said:

You really have to read the whole tome above. She has lived in Australia with me and returned. Could go back next week if we wanted.

I read everything. It's great that she lived with you for a while in Australia. That did not convince them that she would return to Thailand after her visit to the USA.

[gregcrs2 1,778]

4 minutes ago, Lemonslice said:

I read everything. It's great that she lived with you for a while in Australia. That did not convince them that she would return to Thailand after her visit to the USA.

If I understood correctly, she was in Australia on a spouse visa, not a tourist visa.

[Lemonslice 4,852]

4 minutes ago, gregcrs2 said:

If I understood correctly, she was in Australia on a spouse visa, not a tourist visa.

That's also what I understood. 

[JFH 12,190]

1 hour ago, rickbechard@gmail said:

 

As I said in another comment, if a person is told they can reapply if their circumstances change. But not being told what circumstance was the reason, they can never know if there is a good reason to reapply. It is a self defeating offer on the part of the embassy. 

But the embassy’s job is not to “help” someone get a visa. I’m not saying I agree with that stance, so don’t shoot the messenger. 
 

They don’t know your wife from a bar of soap. What they do know is that many, many people in the past have walked into the embassy with piles of evidence of ties: property, children, jobs, elderly relatives, and so on yet still they overstay. Statistically speaking your wife falls into the category of those most likely to overstay - the love interest of a USC. Reason? Because she has a guaranteed path to residency (if she wants it) with no repercussions. Even illegal working is forgiven for spouses of USCs - not that we condone that here but just throwing it out there to highlight how “easy” it is for spouses to arrive as a visitor and never leave. She would have nothing to lose. 
 

Compare that with Mr. and Mrs. X who just want to take their 2 kids to Disney. They have no way of being able to stay, if they do overstay they risk deportation and a subsequent ban, they cannot work, they have no family support network here. Healthcare would be an issue. They won’t have SSNs so conducting day-to-day business will be difficult (we tried to rent an apartment before my SSN card arrived and boy, it was impossible - even though I was a green card holder), they would be constantly looking over their shoulder and life would be miserable and eventually the money would run out with no legal path to get more. Your wife has none of those concerns. That’s why the embassy officials are immediately suspicious of her and any other spouse of a USC. 
 

Even previous trips don’t count for much. I visited my husband over 40 times before I immigrated. On visit number 39 or 40 I was interrogated and the CBP Officer repeatedly said to me “Tell me the truth! You are here so that your husband can file an adjustment of status for you and you have no intention of leaving!” For an hour I was questioned like this. Despite in the region of 40 successful visits in the past (ranging in length from 4 days to 3 weeks) and a job with an airline that depends on my ability to be able to travel in and out freely. 
 

If she mentioned on the DS-160 or at the interview that she was wanting to go for 3 months then that was probably her downfall. If she can abandon her life for 3 months, what’s to stop her from abandoning it for 6, 9 or 12 months? That’s how the officer sees it. 

[retheem 566]

11 hours ago, rickbechard@gmail said:

I am an American originally, but hold Australian citizenship as well. My Thai wife and I have lived in Thailand for 2 years. I am retired. Prior to that, she lived with me in Australia for 15 months with a spouse visa there in progress. That was before I retired. I have not been to the US since 2003. My wife applied for a tourist visa to accompany me on a trip for 3-6 months. She presented evidence of our home here, our motel business registration here, her university degrees, marriage certificate, house registrations, even her previous 6 years work as an interpreter for the Bangkok Drug Squad. Still denied the visa. She was only given a letter that stated she "failed to show she had compelling reasons to return".

 

In a somewhat terse email exchange with the consulate in Chiang Mai, I explained that if we wanted her to stay in the US, I would just do a I130 immigrant application. No need to prove you will return. I also pointed out that as an Australian, I and my wife could easily be back in Australia within a week if getting out of Thailand and not returning was the goal.

 

This seems ignorant to me. The application requested my contact information, email, phone number etc. They had the application for 1 month before the "interview". Yet, there was no attempt to verify anything with me. What is the point of asking? The email from the consulate stated that the officer has typically made a decision before the interview, solely based on the information on the application. In the interview, she was asked how many cars she has and where will she park them when she is gone. I fail to see the relevance of that. As to "compelling reasons to return", those are fleeting at best. Once a visa is granted, those reasons can evaporate. Your business closes, etc.

It isn't a financial issue because while she was carrying her bank book, there was no request to see it. The guy did ask to see the business registration, looked at it and said "denied". 

 

My wife said there was a guy in front of her who had been to the US a few times and was denied this time. Another a woman who was a doctor also denied. There seems to be some falsehood in the statement on the embassy website that they are now issuing visitor visas. Either there are only a few available or none at all. Either way they are taking a lot of application fees that they don't refund.

Applying for a B1/B2 visa while you have an immigrant visa petition pending issa scaam lol. They will deny you a visa and not refund the money lol

[Calicolom 266]

10 hours ago, Loren Y said:

I'm impressed, from what you said your wife actually got to sit down in a chair for a few minutes. When my now wife applied for a tourist visa she went for the interview and when they called her she didn't even get to sit down. The CO just handed her the denied paper and sent her on the way. Living in Vegas I have blown 160 dollars pretty fast at the tables or slots, but not as fast as I did with the tourist visa application. 

I think they look at the stats, from a country. Look at chile, they are back on the no visa category. For awhile chileans needed a visa.

[SusieQQQ 11,586]

I see this is still going on !! With lots of extraneous stuff.

 

The short version: OP thinks there should be special consideration for spouse of USC and is unwilling to accept that the US visa system/presumed immigrant intent means it is actually harder, not easier, for a spouse to get a visit visa.

[Duke & Marie 1,389]

8 hours ago, rickbechard@gmail said:

we filed for a spouse visa and visitor visa for Australia. My wife was in Australia on September 21. If I/we wanted to leave Thailand that is where we would go.

 

So now I’m confused... you were in Australia and applied for spousal visa and then left to live in Thailand throwing away the Aus spousal visa?

 

im an Aussie citizen (born) who’s been married to an American for 3 years... while not rich I’m definitely financially independent had a great job paying over 6 figures for 15 years, owned my own home, a military vet nil crim records etc and wasn’t able to get my husband there in under 7 years... how the heck did you pull that off? 
 

Anyways way was going to say if you went through with the Aussie stuff for her, she could of gotten an Aussie passport and travelled to the US on the VWP not B2... still can’t believe you applied for Aussie spousal and let that one go.. 

[SteveInBostonI130 3,459]

1 hour ago, retheem said:

Applying for a B1/B2 visa while you have an immigrant visa petition pending issa scaam lol. They will deny you a visa and not refund the money lol

This is incorrect.

 

It is perfectly legal to apply for a tourist visa while an immigration visa is pending.  What is not allowed is failing to disclose that another visa/petition is pending on the DS-160.

 

Also, the embassy never "refunds the money".  They are not a commercial business. 

[Just Paul 4,595]

6 hours ago, rickbechard@gmail said:

I have an old friend from our air force days. He had been here 5 years. He and his wife did the process and left at the end of March. The website record shows it took 155 days.

What is his handle on here?   He certainly didn't get it done that fast unless he was DCF or expedited.   And now with COVID and consulate backlogs you would be lucky to get less than 18 months.