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Article Directory :: Legal Articles
The United States visa and immigration process can be nearly insurmountable for the boyfriend or girlfriend of an American Citizen.
The following article will look at the obstacles and methods of successfully obtaining a US visa for a Thai national in a relationship with a United States Citizen. Many couples initially try to apply for a United States tourist visa. In many cases, this effort will prove futile due to relevant Immigration law. Under the provisions of section 214(b) of the United States Immigration and Nationality Act an applicant for a non-immigrant US visa (such as a tourist visa) must overcome the legal presumption that they are an intending immigrant. This presumption may only be overcome by proving "strong ties" to Thailand and "weak ties" to the United States. If the applicant's primary relationship is with a US Citizen, then the likelihood of overcoming this presumption is lower compared to an applicant who does not have a significant other who is an American. It should be noted that a visa denial pursuant to section 214(b) of the Immigration and Nationality Act is virtually un-appealable under the doctrine of Consular Absolutism as the finding is factual.
In some cases, a couple may opt to pursue a fiance visa (classified as a category K-1 by the United States Citizenship and Immigration Service). Before we go further, it should be noted that no one should enter into a romantic relationship strictly to obtain American Immigration benefits. Instead, the need for immigration benefits should arise from an underlying relationship that is bona fide. That being said, a fiancee visa is a popular visa category for those who wish to go to the United States in order to marry an American.
Some Thai-American couples opt to marry and apply for US Immigration benefits based upon marital status. In these cases, the process may take longer than in fiance visa cases, but, depending upon the visa category, the spouse enters the United States with lawful permanent residence. Again, it should be reiterated that no one should marry strictly for the purpose of obtaining an Immigration benefit. A marriage should occur only if the couple truly wishes to be married for personal reasons.
To sum up, US tourist visas for Thai girlfriends or boyfriends can be difficult to obtain. However, if the couple genuinely wishes to take their relationship to the next level, then there may be a way of bringing the couple together in the United States using a non-immigrant or immigrant visa.
Benjamin Hart is an attorney from the USA and the Managing Director of Integrity Legal (Thailand) Co. Ltd. Reach Integrity at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the world wide web at:
US Visa Thai Girlfriend
or K1 Visa Thailand.
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