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Thailand Visa Law
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My Musings: General thoughts on Thai-USA Visa Issues

The Tourist Trap: Myths about the Tourist Visa for Thai Fiancées

There are many myths and half-truths circulating the internet about using the US tourist Visa (B-1, B-2) to circumvent the need for obtaining a fiancée or marriage visa.

I have heard that getting a Tourist Visa is easier than getting a K-1 or K-3 Visa, is this true?

At the current time, tourist visas have a 90% rejection rate. For every 10 people that apply for this visa 9 ARE REJECTED. In order to obtain a tourist visa to the USA the applicant must show very strong ties to their home country and must show that they are wealthy enough to finance a trip to the US. Also they must prove that they have no financial incentive to stay in the US (ex. a well paying job waiting for them in their home country). Conversely, K-1, K-3, and CR-1 visas have a much higher success rate, 100% for the K-1 where the beneficiary has no criminal record and passes a medical exam.

Is it possible to get a Tourist Visa for my Thai fiancée and get married once she’s in the US?

Although theoretically possible this scenario is highly risky and NOT advisable. Your fiancée is not supposed to get married while in the US on a tourist visa. To obtain a tourist visa in Thailand and subsequently get married in the US could be construed as an attempt to defraud the United States government. For anyone contemplating this course of action, the best advice is: DO NOT DO THIS, especially within 60 days of your fiancées arrival because to do so would definitely be considered fraud and could lead to criminal penalties for the US citizen and possible criminal penalties and deportation for the Thai fiancée. If you think you may want to get married, and you want your fiancée to stay in the U.S., then you should apply for a K1 fiancée visa, and not for the tourist visa. If you are already engaged, you should also choose the K1 option.

A Law Firm told me that they would file my fiancée’s Tourist Visa, but you say I shouldn’t do it, why?

There are some less-than-reputable firms that will take a retainer for a tourist visa knowing full well that the chances of obtaining it are abysmal. A good lawyer will not take your money for filing a tourist visa if you are going to get married in the US.

Adjustment of Status Child Immigrants Income Requirements