B Visa for Thai Spouse of dual USA / Canada citizen

[PDP11 4]

Looking for advice on an upcoming visitor interview my Thai spouse has at the US consulate in Vancouver. It finally will happen after about 14 months wait.

 

I am a dual Canada (by birth) / USA (naturalized) citizen. I met my (now) wife while living in Bangkok for a few years. Pre COVID, we had hoped to marry in the US so my USC son (who can’t travel due to his health) could be with us. We applied for a K1. Then COVID hit and it was clear the wait would be multiple years. We officially withdrew the K1 application and married in Thailand. Subsequently, we decided to permanently move to Canada and my wife has PR here (equivalent to the US Green Card).

 

We’ve now been in Canada for around 1.5 years. I own a house / car, am retired but do some consulting. We’ve traveled internationally including a trip to an EU country which required a visa. 
 

So, what do you think her odds are? If I were not a USC this would have been easy. But, given that she applied for (but officially retracted) a K1, will it be held against her? And will home ownership, 1.5 years in Canada and lots of direct family living in the same city help?

 

Is there any advice you have on preparing for the interview? Her English is so-so and, as I can’t attend the interview, am worried that she will be put through a shredder by the CO. Also, since the filed application was more than a year ago, do we bring in a corrected application (in particular, noting that she did get an EU visa and travel there)?

[Family 4,015]

I think her chances of getting the visa will improve greatly if you do a good deal of Qand A role play with her. 
If she can manage NOT to let herself get  intimidated AND tell her story similar to how you stated your post,..she will do fine. 
 

Your formal withdrawal of the K-1 and change of plans to Canada is a positive 
 

So be a Great Teacher and Let your lovely wife practice a few mock interviews….

Edited December 6, 2022 by Family

[Mike E 11,739]

3 hours ago, PDP11 said:

And will home ownership, 1.5 years in Canada and lots of direct family living in the same city help?

Had she merely visited Canada and returned to Thailand, I would have given her a 100 percent chance of success getting a B visa. The reason is that despite being married to a Canadian citizen and thus having strong ties to Canada, she would have returned to Thailand. 
 

Since she has expressed immigration intent to:

 

* USA (K-1 visa is a dual intent)

* Another highly developed country that her spouse is citizen of (Canada)

 

then being  a Canadian PR harms her case more than it helps to get  a B visa.  Owning a home in Canada marginally helps her case but over all, her ties to he USA (through you) are  stronger than her ties to Canada. 
 

Aren’t back logs for a B visa long too?

 

I think the path of least resistance is for her to become a Canadian citizen.  No visa, no ESTA.  

[MaxP22 186]

Does she have a job in Canada? If not then expect a denial.

[Boiler 45,585]

Pr in Canada strikes me as being the main factor

[PDP11 4]

6 hours ago, Mike E said:

Had she merely visited Canada and returned to Thailand, I would have given her a 100 percent chance of success getting a B visa. The reason is that despite being married to a Canadian citizen and thus having strong ties to Canada, she would have returned to Thailand. 
 

Since she has expressed immigration intent to:

 

* USA (K-1 visa is a dual intent)

* Another highly developed country that her spouse is citizen of (Canada)

 

then being  a Canadian PR harms her case more than it helps to get  a B visa.  Owning a home in Canada marginally helps her case but over all, her ties to he USA (through you) are  stronger than her ties to Canada. 
 

Aren’t back logs for a B visa long too?

 

I think the path of least resistance is for her to become a Canadian citizen.  No visa, no ESTA.  

Thanks Mike. Am curious why being a permanent resident of Canada hurts her chances? We live together in Canada and I (the husband) am a dual citizen of Canada and the USA. My ties are now to Canada (I don’t own a home / car in the US, have a US drivers license, etc. ). Her ties are also to Canada. Apart from a Thai passport and bank account, she doesn’t have anything in Thailand. I think there is something critical here I am missing. 

[Boiler 45,585]

2 minutes ago, PDP11 said:

Thanks Mike. Am curious why being a permanent resident of Canada hurts her chances? We live together in Canada and I (the husband) am a dual citizen of Canada and the USA. My ties are now to Canada (I don’t own a home / car in the US, have a US drivers license, etc. ). Her ties are also to Canada. Apart from a Thai passport and bank account, she doesn’t have anything in Thailand. I think there is something critical here I am missing. 

If it was not for her PR status I would be wondering if it was worth bothering.

Edited December 6, 2022 by Boiler

[PDP11 4]

1 hour ago, MaxP22 said:

Does she have a job in Canada? If not then expect a denial.

Thanks Max. So, unfortunately, not a job. She’s in full time English class run by the Canadian government. This is provided free to new Canadian permanent residents. We listed her occupation as student although she’s much older than a “typical” student :-) She has proof of enrollment. 

[carmel34 3,638]

33 minutes ago, Boiler said:

My ties are now to Canada (I don’t own a home / car in the US, have a US drivers license, etc. ). Her ties are also to Canada.

The IO will only consider her ties to Canada.  Full-time job, property ownership, etc.  Married to a USC they will consider immigrant intent likely, as she can enter with a B2, stay and adjust status through you.  This sounds like a borderline case, could go either way.  If she is denied a tourist visa, she should focus on getting Canadian citizenship so she can visit the US without a visa.  Good luck!

[Mike E 11,739]

45 minutes ago, PDP11 said:

Thanks Mike. Am curious why being a permanent resident of Canada hurts her chances?

As I wrote, because she has already shown immigration intent to a highly developed country of which that her spouse is a citizen. 

 

If the U.S. government thought Canadian PRs were a low risk of over stay it would grant a visa waiver or visa exemption to them.  

[PDP11 4]

3 minutes ago, carmel34 said:

The IO will only consider her ties to Canada.  Full-time job, property ownership, etc.  Married to a USC they will consider immigrant intent likely, as she can enter with a B2, stay and adjust status through you.  This sounds like a borderline case, could go either way.  If she is denied a tourist visa, she should focus on getting Canadian citizenship so she can visit the US without a visa.  Good luck!

Looks like her chances are not good. Am surprised my ties don’t matter. If she were to get a B2 and then apply for adjustment of status, I would have to prove that I live in the US, will support her, etc. In fact, the consulate in Montreal that processes normal IR1/CR1 in Canada is known to be super strict about this … I would need to have housing, finances, drivers license, etc. in the US and prove that I’m actually living there before getting close to an interview. 

 

Agree that citizenship is the ultimate route for her to visit or transit a US airport. But that will require another another 1.5 years to qualify and then going through the two year backlog of citizenship requests in Canada 😞

[PDP11 4]

2 minutes ago, Mike E said:

As I wrote, because she has already shown immigration intent to a highly developed country of which that her spouse is a citizen. 

 

If the U.S. government thought Canadian PRs were a low risk of over stay it would grant a visa waiver or visa exemption to them.  

Fair enough. Although I think the lack of visa waiver for Canadian PRs has more to do with homeland security than overstay concerns. Canada had many PRs that are refugees from countries that the US has a huge concern with. There is a visa waiver in the opposite direction for US Green Card to visit Canada. Basically Canada figures the US had done its homework 🙂

[Mike E 11,739]

47 minutes ago, Boiler said:

If it was not for her PR status I would be wondering if it was worth bothering.

Yes because she could make the compelling argument: 

 

“I visited Canada. I could have stayed because of my Canadian husband. Instead I returned to Thailand before my authorized stay expired.”

 

I’ve see this argument sway DoS and CBP before, including a case where a  Thai citizen was married to a dual U.S. / U.K. citizen. She was denied a B visa. So she got a UK visa.  Used it. Returned to a Thailand and applied again and got a B visa. 
 

If it works for UK, it would have worked better for Canada (51st state) 

 

And she has the extra strike of having applied for a K-1.  
 

She has a record of immigrant intent to the U.S. and other highly developed countries.  
 

 

[Boiler 45,585]

3 minutes ago, PDP11 said:

Fair enough. Although I think the lack of visa waiver for Canadian PRs has more to do with homeland security than overstay concerns. Canada had many PRs that are refugees from countries that the US has a huge concern with. There is a visa waiver in the opposite direction for US Green Card to visit Canada. Basically Canada figures the US had done its homework 🙂

Canadian PRs can also be qualified for the VWP

 

Those who are not are simply not a big enough deal

[Mike E 11,739]

1 minute ago, Boiler said:

Canadian PRs can also be qualified for the VWP

Say what?