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ResourcesVisa & Immigration LawUS Immigration LawWe're "Just Dating": Getting a US Visa for a Thai?

We're "Just Dating": Getting a US Visa for a Thai?

Transcript of the above video: 

As the title of this video suggests, we are discussing dating and getting visas for loved ones to the United States. I thought of making this video after reading a recent comment on one of our prior videos talking about US Immigration. Quoting directly: "If you're just dating and you want girlfriend, not fiancée, to visit the US, is a US Visa possible under that circumstance?" I've discussed this topic a lot in other videos, but I think the title and things, people don't come upon the information quite so easily. I'm hoping the title to this video will allow further access for people who want this data. 

Look in theory it is possible to assist and sponsor a loved one - in this case a girlfriend, a boyfriend, whatever you want to call it - to get a visa to the United States specifically Tourist Visa. That said, the denial rate on these types of visas is quite high and it's due to what is called section 214b of the Immigration and Nationality Act which basically creates a framework on the part of the interviewing Consular Officer that that Consular Officer must be substantially satisfied that the applicant has sufficiently strong-ties to their home country which is something foreigners here that I talk to that want help with US Immigration, always seem to have no problem putting together. Basically, we prove she has a job in Thailand, he has a job in Thailand, that they have property in Thailand; that they clearly live here, they have family - that's always an easy thing to prove up. As we have discussed in other videos, the analysis also calls for showing weak ties to the United States. Relationships with Americans result in a mitigation of that overall analysis. 

Meanwhile, again there are folks, and I urge folks not to do this, they try to pretend like they are not dating and apply as if that person is single. Look, the Fraud Prevention Unit and just the standard Consular Officers at the US Embassy here in Bangkok are not fools, okay? They are aware of, single women, or ‘ostensibly” single women are often times attached to an American. Not always, that might not be the correct brush to paint everyone with all the time. The issue though is there is a high proportion of those applicants that process through this facility and for that reason 214b does seem to be used a disproportionate or seemingly disproportionate amount of times when applications go through to just deny applications for Tourist Visas. So, the point I am trying to make with this video is there is a high denial rate of Tourist Visa applications for the significant others of Americans. Now that may not be the case for Marriage Visas and Fiancé Visas but again, depending on your circumstances, you may not be eligible for those type of travel documents. 

Those who are seriously considering trying to get some form of travel document for a Thai loved one to come back to the United States, it may not be a bad idea to contact a legal professional, gain some insight and guidance into how best to proceed.