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Does My Thai Wife Have a "Right" to a US Visa?
Transcript of the above video:
The question posed by this video is, ‘does My Thai wife having right to a US Visa?’ This is something, I used to hear this a lot when I would do initial consults and we talked to people about US Immigration matters and people would say, "well she's my wife, she has a right to a US Visa."
No, you have a right to marry anyone you want as an American. The United States does not have an affirmative obligation to grant that person lawful immigration status purely based on the fact that you are married to them. People sort of get angry when this is said, but if you think of through, it makes sense. Look, if you married a terrorist abroad - just being hyperbolic here and sort of absurd - but you marry Osama Bin Laden, okay? Does that mean Osama bin Laden now has a right to come to the United States unfettered? No, that's not how it works. At the end of the day, there is no right or fundamental right to Immigration status simply by being married to an American.
Now being married to an American does create the foundation to be able to apply for an American Spouse Visa - for example like a CR-1 or an IR-1 Visa or even the K-3 Marriage Visa based on the underlying marriage - but it's still going to be adjudicated whether or not the person is appropriate to come to the United States; whether they have a criminal record; whether they have a record of anything that amounts to a legal ground of inadmissibility to the United States.
Again, all of this has to be factored in when adjudicating whether or not to grant a visa to the spouse of a US citizen.