Thai spouse tourist visa to US denied.

[Ikhan 49]

Just a thought. Can't the government hold the spouse in US accountable for the person trying to get a visitor visa. I would gladly sign documents to take responsibility for the applicant that they will return before their visa ends and they will not adjusts status. I trust my wife 100% and it would be in both of our best interest for her to comply. 

 

The amount of time it takes to complete these applications is absurd sometimes. Didnt they introduce the k3 visa because it was taking too long to process applications? Can't they do something similar now?

[Boiler 45,525]

2 minutes ago, Ikhan said:

Just a thought. Can't the government hold the spouse in US accountable for the person trying to get a visitor visa. I would gladly sign documents to take responsibility for the applicant that they will return before their visa ends and they will not adjusts status. I trust my wife 100% and it would be in both of our best interest for her to comply. 

 

The amount of time it takes to complete these applications is absurd sometimes. Didnt they introduce the k3 visa because it was taking too long to process applications? Can't they do something similar now?

Well lets say they could, they can not, how would you make her return if she did not want to?

 

K3 was when this was a many year process.

[SusnOwen 159]

I completely understand your frustration - Sadly, that's the way that it goes.  My friend tried numerous times for visitor visas for her stepchildren (she legally followed the process for her husband, they just wanted the young kids to come for a visit) and was denied - The kids were 7-8 years old.  They finally gave up and filed and brought them to live.  It's sad, but it's a reality.  Since you live in Thailand, can you look into the process to file for her from there?  It may be quicker if they have DCF at the embassy, I don't know about Thailand.

[Boiler 45,525]

8 minutes ago, SusnOwen said:

I completely understand your frustration - Sadly, that's the way that it goes.  My friend tried numerous times for visitor visas for her stepchildren (she legally followed the process for her husband, they just wanted the young kids to come for a visit) and was denied - The kids were 7-8 years old.  They finally gave up and filed and brought them to live.  It's sad, but it's a reality.  Since you live in Thailand, can you look into the process to file for her from there?  It may be quicker if they have DCF at the embassy, I don't know about Thailand.

This what confuses me, I have seen this comment a few times.

 

You can not visit somewhere so decide to immigrate instead? Seems a very odd connection.

[Just Paul 4,595]

22 minutes ago, Ikhan said:

Can't the government hold the spouse in US accountable for the person trying to get a visitor visa.

You can't sponsor a B2.  If the spouse helps them to commit a "crime"  then there would be some liability.  But it is rarely seen.  

[Just Paul 4,595]

18 minutes ago, SusnOwen said:

It may be quicker if they have DCF at the embassy,

DCF is long gone, only for exceptional circumstances.

[Just Paul 4,595]

11 minutes ago, Boiler said:

You can not visit somewhere so decide to immigrate instead? Seems a very odd connection.

This is the irony of the US System.   You can't visit so you immigrate.  It has been that way for a very long time.  I remember having teenage cousins from Mexico in the early 80s who ended up immigrating since they couldn't get visitor visas to visit their dual national father. 

[Boiler 45,525]

8 minutes ago, Paul & Mary said:

This is the irony of the US System.   You can't visit so you immigrate.  It has been that way for a very long time.  I remember having teenage cousins from Mexico in the early 80s who ended up immigrating since they couldn't get visitor visas to visit their dual national father. 

Not sure I would want to immigrate to somewhere just because I could not visit.

 

[rickbechard@gmail 5]

7 hours ago, gregcrs2 said:

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

She went on a tourist visa while the spouse visa was being processed. Both were applied for at the same appointment in Chiang Mai. It took 2 week for the visitor visa approval. We had planned to stay in Australia for 5 years, then return to Thailand when I retired. After about a year, she decided she would rather live in Thailand and I was ready to retire. So she cancelled her spouse visa application. Her passport clearly shows two international exit stamps. I am not 100% sure but since she is in Thailand now, it surely means she left and came back twice on her own accord. The official even asked her about the two exit stamps and was told flights to Australia.

My original post is really quite simple, and not a "rant".

The application asks:

1. Have you been to other countries?  YES

2. Which countries? Laos/ Australia.

3. Who are travelling with? Spouse

4. Spouse nationality? American

5. Spouse email/phone? Provided

6. How long have you been married? 3 years

 

With the application submitted 1 month before the interview, if you have a question about the validity of the information, wouldn't you just call the spouse to enquire and perhaps ask the spouse (an American) to come to the interview as well? If not why collect the information at all? It is a bit insulting to basically say, "Yes, we know you are American, but we think your wife is lying". The "one size fits all" decision process is flawed. Especially when it denies a visa to a spouse in a well established marital relationship, with evidence of previous international travel. It isn't even a financial issue as the official did not ask to see her bank account record. When your answer to "How many cars do you have and where will you park them"? is more important than " I see. Your husband is American and wants to take you on a trip home"., it all starts to look like a failure of America's well quoted, "Innocent until proven guilty" concept.

[rickbechard@gmail 5]

6 hours ago, Duke & Marie said:

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.. 

I was living in Oz. I would say my circumstances were the same as yours. We got married August 29, 2017. We went to the Chiang Mai visa center used by Australia/ England etc, 3 days later They don't do the process at the embassy. Filed the spouse visa application and a visitor visa application at the same time. I returned to Australia the first week of September. Her visitor visa was approved and she was in Oz on the 21st. 

My wife comes from a very tight family. She missed them and decided she would rather live back home. It was the 5 year plan anyway. So I took early retirement and cancelled the spouse visa. Yes, she would have be eligible for citizenship and an Aussie passport next year. But citizenship wasn't the plan anyway. She is the only daughter, so caring for her parents in a few years is expected of her.

It sounds like your experience was quite some time back. So perhaps Australia is on a immigration drive these days. Seemed like it to me when I was there. My own spouse visa to get into Oz took about 6 months back in 2001/2002. Anyway, a far more welcoming country in my opinion.

[gregcrs2 1,778]

4 minutes ago, rickbechard@gmail said:

She went on a tourist visa while the spouse visa was being processed. Both were applied for at the same appointment in Chiang Mai. It took 2 week for the visitor visa approval. We had planned to stay in Australia for 5 years, then return to Thailand when I retired. After about a year, she decided she would rather live in Thailand and I was ready to retire. So she cancelled her spouse visa application. Her passport clearly shows two international exit stamps. I am not 100% sure but since she is in Thailand now, it surely means she left and came back twice on her own accord. The official even asked her about the two exit stamps and was told flights to Australia.

My original post is really quite simple, and not a "rant".

The application asks:

1. Have you been to other countries?  YES

2. Which countries? Laos/ Australia.

3. Who are travelling with? Spouse

4. Spouse nationality? American

5. Spouse email/phone? Provided

6. How long have you been married? 3 years

 

With the application submitted 1 month before the interview, if you have a question about the validity of the information, wouldn't you just call the spouse to enquire and perhaps ask the spouse (an American) to come to the interview as well? If not why collect the information at all? It is a bit insulting to basically say, "Yes, we know you are American, but we think your wife is lying". The "one size fits all" decision process is flawed. Especially when it denies a visa to a spouse in a well established marital relationship, with evidence of previous international travel. It isn't even a financial issue as the official did not ask to see her bank account record. When your answer to "How many cars do you have and where will you park them"? is more important than " I see. Your husband is American and wants to take you on a trip home"., it all starts to look like a failure of America's well quoted, "Innocent until proven guilty" concept.

They are not denying a visa for a spouse, because you are not applying for spousal visa.  She applied for a tourist visa.  So it's based completely on her own merits, not yours.  And you are not entitled to attend the interview as you are not the tourist visa applicant.  You can debate or argue it all you want but it is, what it is.  Maybe a third attempt will be the charm, maybe not.  

[rickbechard@gmail 5]

1 hour ago, Boiler said:

Not sure I would want to immigrate to somewhere just because I could not visit.

 

Perhaps it is a preference for tax paying immigrants over visitors. 

[rickbechard@gmail 5]

1 hour ago, Boiler said:

This what confuses me, I have seen this comment a few times.

 

You can not visit somewhere so decide to immigrate instead? Seems a very odd connection.

That was the main point of my original post. There is no logic applied to consider specific circumstances. An American citizen living abroad, should expect a bit of consideration when travelling with their spouse. 

 

I have no problem with close scrutiny of a visitor visa for a person who "Just wants to see America". We might consider covering those words on the Statue of Liberty though. They convey a message that is no longer applicable.

 

 

 

[Boiler 45,525]

1 minute ago, rickbechard@gmail said:

That was the main point of my original post. There is no logic applied to consider specific circumstances. An American citizen living abroad, should expect a bit of consideration when travelling with their spouse. 

 

I have no problem with close scrutiny of a visitor visa for a person who "Just wants to see America". We might consider covering those words on the Statue of Liberty though. They convey a message that is no longer applicable.

 

Something you need to discuss with your Congressperson.

 

Well you can blame the French for the Statue of Liberty.

[rickbechard@gmail 5]

Just now, Boiler said:

Something you need to discuss with your Congressperson.

 

Well you can blame the French for the Statue of Liberty.

Yes, those French. Stuck it to us in the long run didn't they.