Transcript of the above video:

As the title of this video suggests, we are discussing Spousal Visas specifically in the context of Tourist Visas and we're talking about denial. I was on a call recently where I was talking to somebody - I hate being on these calls - where they said "yeah we got denied on a Tourist Visa application. Then we went ahead and got married and I thought that would be better evidence to obtain the Tourist Visa and we got summarily denied again."  I hate being on those calls because I hate having to say I wish you would have contacted me earlier; we could have talked this out; I could have given you some better options because you made some assumptions that on the one hand are seemingly commonsensical to the lay person, but when you understand the almost wonderland like characteristics of the current Immigration System for the US and I mean wonderland like insofar is there don't seem to be any particular rules. The system for lack of a better term, in my mind is pretty broken. It needs reformation now, it needs it yesterday. That said, we have to deal with what we have to deal with. 

The question posed by this video however is "why was my wife denied? why was my spouse denied for a Tourist Visa?" Well oddly enough, the marriage itself can act as a basis for the denial. How does that work? Well pursuant to what's called section 214b of the Immigration and Nationality Act, the applicant has to show sufficient “strong ties” to their home country, or a third country outside the United States. That's usually something that everybody piles on. They often have all the evidence of the world; this person is strongly tied for example to Thailand. There is another part of the analysis however and it is "and weak ties to the United States". Again, we are specifically talking about this in the context of a B1/B2 Tourist Visa to the United States. Again it's that "weak ties" component that operates against someone who is married to an American because by definition, their marriage to an American citizen could be considered a sufficiently "strong tie" to the United States and again when you view this through the prism of what's called the Doctrine of Consular Absolutism or the Doctrine of Consular Non-reviewability wherein the adjudicating Consular Officer's factual determinations regarding such matters as approval or denial of a US Tourist Visa, it's unappealable; their fact-finding is basically unilateral and it cannot be repealed; excuse me appealed or repealed. 

That said, you can ask to have it reconsidered but understand again, a marriage in and of itself or even a relationship with an American, could operate against that "weak ties" analysis within the analysis of section 214b and at the end of the day, this ends up being the reason you see a lot of Tourist Visa denials from the US Embassy here in Thailand.