by Ben Hart
Each year, many American tourists flock to the Kingdom of Thailand, a Southeast Asian nation known for its temperate climate and welcoming people. One thing that many men in Thailand immediately realize: Thailand is home to many beautiful women. The upshot of this fact: many Americans seek to bring a new found loved one back to the USA.
In attempting to take their Thai fiancee to the USA there are some US Citizens who utilize Immigration techniques that are both unethical and possibly illegal. Some people attempt to avoid filing for a US fiancee visa for a Thai loved one. For the most part, prospective applicants seek to avoid the K-1 process because the fiance visa application takes longer to adjudicate than other non-immigrant visas. For example, the use of American tourist visas to bring Thai loved ones to the USA is well documented. However, this Immigration strategy often culminates in frustration because the Thai applicant is either denied the visa at the Embassy or is turned away at the point of entry in the United States because her relationship with an American can cause her to be deemed inadmissible under section 214 (b) of the United States Immigration and Nationality Act. Further problems can arise when the Thai lady attempts to adjust status to permanent residence after marrying an American in the US on a B-2 visa.
Recently, the American Embassy in Bangkok has inspected and adjudicated Tourist visa applications with more diligence than in the past, this has resulted in more denials of B-2 applications. The upshot of this higher Tourist visa denial rate is that some American men look to the F-1 Student visa as an alternative route for bringing their Thai loved one to the USA. This method is ill-advised because, as with use of the US Tourist visa for undisclosed immigration purposes, utilizing an F-1 student visa when the Thai lady really intends to marry her American citizen fiance could lead to negative consequences. Lying to the United States Citizenship and Immigration Service or the United States Embassy in Thailand would likely be considered grounds for a finding of legal inadmissibility to the USA. Therefore, it is highly recommended that those wishing to travel to the USA for the purpose of marriage utilize the K-1 visa since it is the proper Immigration category for this purpose.
This article is not meant to be used as substantive legal advice. No Lawyer-Client Relationship is created by reading this article.
About the Author
Ben Hart is an American Attorney with Integrity Legal’s Office in Bangkok. For more information please contact +66 (0) 2-266-3698 or Info@Integrity-Legal.com. See Integrity Legal on the Web at Http://www.integrity-legal.com
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