There is a great deal of incorrect information swirling the internet regarding US Immigration, this is particularly true with regard to Us Immigration from Thailand. This article is meant to convey useful information for those researching US Visas from Thailand. Nothing in the following should be used in lieu of competent legal advice from a licensed attorney in your jurisdiction.

The US Tourist Visa from Thailand

The US Tourist Visa is often difficult to obtain for a Thai wife due to the US Immigration and Nationality acts presumption that anyone going to the US is doing so in an effort to immigrate. This presumption must be overcome before a consular officer at the US Embassy in Bangkok will issue a tourist visa. Where a Thai is married to a US Citizen, it becomes very difficult to overcome the presumption of immigration because the consular officer in Bangkok makes the logical inference that a Thai wife will go to the US with her citizen husband and simply remain there. Whether would be true is not the issue.

The I-130 petition for a Thai Wife

The I-130 petition is the classic method of filing for a US Immigrant Visa for a Thai wife. Those filing an I-130 petition must also show evidence that the marital relationship is bona fide. This means that the US Citizen should show that he and his Thai wife have commingled their funds, bought or rented property together, had children together, or in any other way lived as man and wife.

The K-3 Visa and the I-129f petition for a Thai Wife

Many people studying US Immigration from Thailand become confused about the K-3 visa and the I-129f petition. As a rule, the I129f petition form is utilized to get a K1 Fiance Visa. However, the K-3 visa was designed as an expedited application to run concurrently with the I-130 petition. Therefore, after filing out and submitting the initial I-130 application and receiving the Notice of Action 1 (a letter from USCIS stating that the I-130 petition has been received) a subsequent I-129f filing will be necessary in order to obtain a K-3 Visa for a Thai wife.

The Visa interview at the US Embassy in Bangkok

With either a tourist visa, immigrant visa, or a K-3 Visa an interview at the US Embassy in Bangkok will be required before the US Visa will be granted. At the interview it will be necessary that the US Citizen presents evidence of an ability to financially support his Thai wife. An I864 form is utilized in an effort to show that the American Citizen petitioner is able to support the Thai beneficiary in such a way that it is unlikely that the beneficiary will become a public charge (at the time of this writing, it is required that the petitioner show that he earns 125% of the federal poverty guidelines as determined by Housing and Human Services).

Should the applicant meet all of the Embassy's requirements then the consulate will probably issue a visa to the spouse of an American Citizen. If it is an immigrant visa, then Permanent Residence is immediately conferred and there is no need to adjust status in the United States.