Rich Z

Well, I guess opinions vary on this "90 day rule", don't they? https://www.boundless.com/immigration-resources/90-day-rule-explained/

So this attorney I went to just made it up?

Som what would be the downside of my waiting 90 days IF I decide to marry this woman?

The USA is a big country. How long would it take you to see it all? Heck, just in Florida alone, it would take me years to show her all of the places that are attractive to tourists and locals alike. And that would be only visiting each place a single time. If someone can afford to be a long term tourist within the legal confines of their VISA, then why not? Florida LOVES tourists and welcomes them all with open arms. If they own their own home in their native country and have provable ties there, who is to say what is normal or not for their situation? She is retired. She can go and do what she pleases as long as we both can afford it and not violating any black and white laws in doing so. Heck, I was in Thailand for 3 weeks. I didn't even scratch the surface of all the places to visit there. Heck, it would probably take me years just to visit all of the waterfalls in that country. Is there a legal "black and white" definition utilized for the term "tourism" as applies to the B1/B2 VISA? Heck, I have been living here in north Florida for about 34 years and STILL not considered as a local by the natives. I am likely just a tourist in their eyes.

Yes, I did take that into consideration. She will be going back to Thailand at the end of September. Hurricanes are not unusual here at that time, and that would really throw a wrinkle in "down to the wire" flight plans. So she is going back a week before the 6 months limit is up. Talked with an immigration attorney this past week. Interesting conversation. He mentioned that not knowing my plans concerning marriage, if any, he advised me to definitely not plan on marrying within 30 days of her coming to America, and be very retrospect of it between 31 days and 90 days. That is when using the B1/B2 VISA. Apparently within 30 days marriage triggers a claim of fraudulent use of the VISA, and the 31 to 90 day bracket triggers "rebuttable fraud". Only after 90 days will it be unquestioned as hapstance. Now he could not answer for me as to whether the K1 VISA can be concurrent with a B1/B2 VISA. From what I understand, with the K1 VISA, she would have to remain in Thailand till approval, then come to the USA and have 90 days to get married or be in violation. But if she already has a B1/B2 VISA, could she not come to the USA without that K1 waiting period? As for health insurance, not sure about this. But checking online, it appears that she would be able to apply for Medicare after being married for 1 year. She is 67 years old. Of course, we would have to pay out of pocket, since I do not believe there is any way she could qualify for USA Social Security without working for 10 quarters here. Not that we would need that money anyway, but it would be nice to have at least the Medicare fees covered. The attorney saw no problems with our plans. He said Florida is a prime destination from many countries for tourism, so her making multiple trips here for long durations (as long as within legal limits) should not be a problem. For the record, not really sold on the marriage thing right now, just looking at options and the pros and cons. But honestly, I would be VERY hard pressed to find a more wonderful woman. And after all the scammers I had to weed through with the internet dating #######, I sure as heck don't want to have to go through that nonsense again.

I guess everyone's mileage will vary. She had no problems getting here. She told me that immigration was very supportive and helpful. She answered all the questions openly and honestly. She said she is staying in the US for 6 months and staying with her boyfriend (me). She said they were supportive and happy for her. It was an overall pleasant and stressless experience. So why would her VISA be taken away simply because she is using it the way it is legally permitted? I am seeing an immigration attorney next week. I think that is really my best bet. I already spoke to him earlier about my girl coming here for 6 months and he said there would be no problem with that as long as she doesn't have any history of overstaying her VISA and has done everything in the past legally and by the book. Seriously, why issue a VISA that allows stays of up to 6 months at a time if a person will be subjected to sanctions because they use it as legally intended? Sorry, that just does not make any sense to me at all.

Yes, I am curious about how to handle the health insurance problem. Any suggestions?

Hmm, from what I see as the definition of a USA resident: [quote] United States resident (A)The term “United States resident” means— (i)any individual who— (I)is a United States citizen or a resident alien and does not have a tax home (as defined in) in a foreign country, or (II)is a nonresident alien and has a tax home (as so defined) in the United States, and (ii)any corporation, trust, or estate which is a United States person (as defined in). [/quote] She is a tax paying resident of Thailand. Besides, her pension is so small that it would be beyond comical for the IRS to have her on their radar. And honestly, I am not going to turn her in to the IRS. LOL!! So are all the snowbirds coming down from Canada to spend the winters in Florida considered USA residents?

For the record, she is staying with me. I support her while she is here. She is relatively low maintenance. We are both retired. I can afford to pay her way while she is in the USA. She has a government pension in Thailand. She owns her own home and a few properties in Thailand. As far as tax purposes are concerned, how can she be considered tax cattle if she has no income in the USA? All the money she earns from her pension in Thailand STAYS in Thailand. And yes, I may alternate visits to Thailand on occasion, but honestly i prefer being in the USA and she would like to see America. I do like Thailand, but I seriously doubt I could be convinced to relocate there. And it is also possible that I may marry her in a year or two and go the K-1 VISA route at that time. But that is a step that I want to be certain is a GOOD step. My wife died in November, 2023 after being together for 46 years. Am I just rebounding from that blow to my life? I am 74 years old, she is 67 and a retired school teacher from central Thailand. We have found each other to be comfortable companions and just want to spend time together. That is acceptably legal, I hope.

I met a woman in Thailand (I am in the USA) and she has a valid B2 visa. I visited her in Thailand for 3 weeks, and we have become close friends. As such, she came back to the USA with me and is staying for 3 months to visit and sight see. She is planning to return to Thailand on the 16th of this month for matters to attend to, and after 2 months at home there, return to the USA to visit me for 6 months. Is there any sort of restriction that would hinder our plans? Thank you.