US Visa for Thai Girlfriend
Your Thai girlfriend will need a US visa to visit you in the US. The type of visa she will need depends on the reason for her trip and her intentions while she is in the US. While there are many types of visas available for Thais and there are few things to remember.
Those who wish to travel to the US you should be aware that US immigration authorities are required by law to assume that everyone who wants to visit the US wants to immigrate there and live there permanently, even if they are just applying for a tourist visa. Because your girlfriend has a boyfriend in the US it will be even harder for her to disprove this assumption. They generally consider your relationship evidence that supports the assumption that she wants to move to the US permanently. They will not accept either your statement or her statement without additional proof.
So, while nothing prohibits your Thai girlfriend from applying for a tourist visa if she wants to visit you in the US as a tourist, it is unlikely that she will be granted a tourist visa. Of course, her circumstances are unique and she may be able to provide enough proof to convince the visa officer that she will return to Thailand. Before she makes her application she should gather all the evidence she has in preparation for the visa interview. It is a good idea to get the help of an experienced US immigration attorney. Siam Legal can help her put together a convincing set of documents based on her specific situation.
If your Thai girlfriend doesn’t just want to visit the US as a tourist, there are a number of other types of US visas available. These include the fiancee visa, exchange visas, student visas, work visas, and immigrant visas.
If you and your girlfriend are planning to get married, you may want to officially “pop the question” and apply for a K1 fiance visa. But, if you and your girlfriend are unsure whether you want to get married, she should not apply for a US fiancee visa or K1 visa. The application process for a K1 visa is lengthy and requires you both to swear under oath that you intend to marry within 90 days of her arrival in the US. And if you and she apply for more than one K1 visa that may make US immigration officers suspicious of your honesty. US immigration laws are very unforgiving of any type of fraud, lies, or omissions.
However, if you do want to get married eventually, the K1 visa may be the right choice for your girlfriend. You will may have over a year from when you start the process to when she arrives in the US to spend more time together and get to know each other, since the K1 application process generally takes at least 6 months and she will have 6 months after the K1 visa is issued to make her travel plans to the US.
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Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.